Eduqas A-Level Law: criminal law (Components 2 and 3) complete overview
A complete overview of criminal law for Eduqas A-Level Law Components 2 and 3. Explains the general elements of liability, the fatal and non-fatal offences, the property offences and the general defences, and shows how the scenario and evaluation questions test this material.
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Criminal law is one of the four substantive areas of Eduqas A-Level Law (a public law option), examined as one section of Component 2 (scenario) and Component 3 (evaluation). It is a large body of substantive law where the scenario questions reward students who can match facts to offences and run each element precisely. This overview ties the topics together; each has a matching dot-point page.
The general elements
Every offence is built from an actus reus (the guilty act, including omissions and causation) and a mens rea (the guilty mind: intention or subjective recklessness), which must coincide. Transferred malice moves the mens rea to the actual victim, and strict liability offences need no mens rea for at least one element.
The fatal offences
Murder is the unlawful killing of a person with intent to kill or cause grievous bodily harm (Vickers). Two partial defences under the Coroners and Justice Act 2009, loss of control and diminished responsibility, reduce murder to voluntary manslaughter. Where there is no intention to kill or seriously harm, involuntary manslaughter arises through an unlawful and dangerous act or through gross negligence (Adomako).
The non-fatal offences
A ladder of five offences: assault and battery at common law, then section 47 (actual bodily harm), section 20 (wounding or grievous bodily harm) and section 18 (with intent) of the Offences Against the Person Act 1861. The mens rea separates the rungs, especially section 20 from section 18.
Property offences and defences
Theft (sections 1 to 6, Theft Act 1968) has five elements; robbery (section 8) is theft aggravated by force used in order to steal. The general defences (such as insanity, automatism, intoxication, self-defence, consent and duress) can reduce or remove liability across all of these offences.
How criminal law is examined
- Component 2 scenario (AO2). Break the facts into separate acts, match each to an offence or defence, run its actus reus and mens rea (or elements), and conclude.
- Component 3 essay (AO3). Analyse and evaluate an area (for example the reform of the non-fatal offences) and reach a judgement.
Sources & how we know this
- Eduqas A Level Law (A150) specification — WJEC Eduqas (2017)