INTRODUCTION TO CONSTITUTIONAL AND CRIMINAL LAW

LSC0154

WEEK 7:
CRIMINAL LAW

Department of Legal Studies

Sem 3 (21/22)
 Definition of Criminal Law
Criminal law, is the body of law
(rules) that relates to crime.
It might be defined as the body of rules
that defines conduct that is not allowed
because it is held to threaten, harm or
endanger the safety and welfare of
people, and that sets out the punishment
to be imposed on people who do not obey
these laws.
Criminal law governs
relationships between the
individual and the state.
If the defendant is found guilty
Criminal acts are considered
of the crime then that
offences against the whole of
defendant will be punished by
a community.
the state.
The state, in addition to certain
Where there has been a breach
international organizations, has
of the criminal law, the state
responsibility for crime prevention,
will intervene and bring a
for bringing the culprits to justice,
prosecution in a criminal
and for dealing with convicted
court.
offenders.
If a person breaches a criminal
law it is viewed as being much
more serious than a breach of
the civil law which governs
relationships between
individuals.
 Purpose of Criminal Law

To prohibit
To ensure that
conduct that To warn people
To impose the victim, the
unjustifiably or both of To distinguish
punishment victim’s family
inexcusably conduct that is To define the between
that satisfy the and the
causes or subject to act and intent serious and
demand for community
threatens criminal that is required minor offences
revenge, interests are
substantial punishment for each and to assign
rehabilitation represented at
harm to and of the offence. the appropriate
and deterrence trial and in
individuals as severity of the punishments.
of future crime. imposing
well as to punishment.
punishments.
society
 Summary

Classification of
Either Way
Offences (UK)

Indictable only
 What are summary offences?
This type of criminal offence
can only be tried in a
magistrates’ court.
Almost all driving offences are
summary offences, with the
exception of dangerous
driving offences where a
fatality has occurred.
The only exception to this is
when the offence is linked or
There are many offences that
associated with a more
fall within this category.
serious offence which has
been sent to the crown court.
Summary offences normally
carry a maximum sentence of
Common assault involving
6 months’ imprisonment,
minor injury which is the least
although certain offences
serious form of assault is a
such as vehicle interference
summary offence.
have a lower maximum
sentence of 3 month.
 What are either way criminal offences?
This type of criminal offence can
be dealt with in either the
magistrates’ court or the crown
court.
A person charged with an either
way offence must first appear
before a magistrates’ court where
an indication of plea will be
requested. The magistrates’ court
will hear the facts of the case and
decide where the case should be
allocated for trial or sentence.
The range of offences within this
category is very wide in terms of
the level of seriousness.
If on the facts of a case, the
magistrates are of the opinion
that their sentencing powers are
insufficient (if there is one either
way offence then the maximum is
6 months, if there are 2 or more
then the maximum is 12 months)
then they will decline jurisdiction
and allocate the case to the crown
court.
Theft, Burglary, Possession of
drugs, Possession with intent to
supply drugs, Affray, Assault
occasioning actual bodily harm
If the magistrates are of the
opinion that their sentencing
powers are sufficient, then the
case is allocated to the
magistrates’ court. However, a
defendant is then given the option
of electing for the case to proceed
to the Crown Court in any event.
 What are indictable only criminal offences?
The most serious criminal
offences, indictable only offences
can only be dealt with in the
crown court.
If the case proceeds to a trial, the
jury will decide on the
defendant’s innocence or guilt. It
is always for the judge to pass
sentence.
A person charged with an
indictable only offence must first
appear before the magistrates’
court, yet the case will be sent
immediately to the crown court
to be dealt with by a judge.
Indictable only offences include:
Murder, Manslaughter
Robbery
Rape
 However in United States, criminal
offences are classified into:

Infractions Misdemeanors Felonies

 Infraction

Although an infraction
Most infractions are is considered to be a
Also known as petty Infractions are classified
punished by fines minor case, failure to
crimes, infractions as local crimes against
instead of jail time and resolve the penalty
consist of minor traffic or noise violation
do not require charges within the
criminal offences. laws.
attendance in court. deadline could lead to
greater consequences.

Infraction cases include:

In addition, the
For example, multiple Running a stop sign
accumulation of
points on a license Speeding while driving
infractions could
could lead to license
develop into a Violation of building codes
suspension or
misdemeanor or
revocation. Littering
possible jail time.
Disobeying seat belt laws
 Misdemeanor

Misdemeanor charges are
the median between
infractions and felonies. The
difference between a
misdemeanor and a felony
charge is the crime's level
of severity.
Every state has different levels of misdemeanors that are
classified into four or five subcategories. Misdemeanors are Misdemeanor offenders are
organized by Class 1-Class 4 (Class A-Class D). penalized by fines,
community service,
Class 1 misdemeanors are the most severe, resulting in higher
probation, court
penalty charges.
supervision, or a minimal jail
As the classifications increase the crime's level of severity and sentence.
penalty charges decrease.

With the exception of a few

Misdemeanor jail sentences
are served in county or local
jails and do not exceed one
year.
states, misdemeanor
offenders do not lose their
civil rights (example, right
to vote). However,
misdemeanor offenders
may lose the opportunity to
obtain certain employment.
Examples of misdemeanors
Misdemeanor offences can
include: Simple assault,
include crimes against
Harassment, Vandalism,
people, property, public
Trespassing, Public
order, or public safety.
Intoxication
 Felony

Felonies are the highest
level of criminal offences
involving the most severe
penalties.
Felony charges affect every member
associated with committing the crime
including the offender and their
accomplices. An accomplice includes
anyone who aided the offender before,
during, and after the crime.
Felony penalties are dependent on the
crimes' level of severity and typically
involves prison time. Felony prison
sentences range from over a year to
life without parole and in some cases
execution.

In addition, felony The most common

Felonies are also
offenders lose their civil Felonies are divided into forms of felonies
difficult to expunge and
rights such as the right violent and non-violent include: Rape, Murder,
will often remain on an
to own a firearm and in crimes and are classified Arson, Drug abuse
individual's record
some cases the right to into several categories. violations, Aggravated
permanently.
vote. assault.
Types of Sentencing (UK)
When imposing a sentence, the court must
take into account:

1. The type of crime

2. The law and sentencing guidelines
3. Credit for an early guilty plea
4. The offender’s criminal history
5. The offender’s personal and financial
circumstances
 There are four main types of
sentence:

Community
Discharges Fine/Compensation Prison
sentences
 Discharge

There are two types of discharge:

When the court 1. An ‘absolute discharge’ means that no more

decides someone action will be taken
is guilty of an
offence, but
Discharges are 2. A ‘conditional discharge’ means that the
decides not to
primarily given for offender won’t be punished unless they commit
hand down a
minor offences. another offence within a set period of time
criminal conviction
at this time, they determined by the court (up to a period of 3
will be given a years). If the offender breaches the conditional
‘discharge’. discharge by committing a further offence within
the specified discharge period they can be re-
sentenced for the original offence and sentenced
additionally for the new offence.
 Fine and compensation

Fines are the most

common criminal
If the offence causes harm
sentence. They’re usually
How much someone is to a victim, the offender
given for less serious
fined depends on the can also be required to pay
crimes that don’t merit a
severity of the crime and compensation. A
community or prison
the offender’s ability to compensation order can
sentence, or in some
pay. be imposed as a sentence
circumstances fines are
without any other penalty
imposed as an alternative
to a community sentence.
 Community Sentences
Community sentences are imposed for The court will decide which
offences which are too serious for a Community sentences place combination of these requirements will
discharge or a fine to be imposed but requirements on offenders that they most effectively punish the offender for
not so serious that a custodial sentence must comply with. their crime, while also reducing the risk
must be imposed. of them offending again.

An offender who receives a community sentence can be ordered to undertake one or more
of the following requirements:
- Undertake between 40 and 300 hours of unpaid work
If an offender doesn’t adhere to
- Comply with an electronically monitored curfew during hours imposed by the court for a the terms of their community
specified period sentence, they can be sent back
- Have regular supervision meetings with a probation officer to court and given an additional
requirement or extended
- Complete an accredited programme for issues such as domestic abuse or sexual
requirement or a fine as a
offending
punishment. In some
- Complete a course of treatment for drug or alcohol addiction circumstances the community
- Comply with a prohibited activity requirement sentence can be revoked and the
defendant will be re-sentenced.
- Comply with a mental health treatment requirement
- Go to an attendance centre for a specified number of hours. This is only available for
offenders aged under 25.
 Prison Sentence
Prison sentences are handed down by a court when an offence is so serious that it is deemed to be the only
suitable punishment.

A prison sentence will also be given when the court believes the public must be protected from the offender.

There are three different types of prison sentence:

1. Suspended sentence
2. Determinate sentence
3. Indeterminate sentence (including life sentences)
 What is a suspended sentence?
A court may give an adult offender a suspended prison sentence if the time they would
otherwise spend in prison is under 12 months.

Suspended prison sentences can be suspended for up to two years.

With a suspended sentence, the offender is given a prison sentence but does not go
directly to prison. Instead the offender must not commit a further offence during the
suspension period and must comply with any community sentence requirement imposed by
the court.

If the offender breaches a community sentence requirement attached to the suspended

sentence or commits another offence during the suspension period, the court can activate
the suspended prison sentence, sending the offender to prison for all or part of the original
prison term imposed. Alternatively they can increase the term of the suspended sentence
but allow it to continue.
 What is a determinate sentence?

If a court fixes the length of a prison sentence, it’s called a determinate sentence. For example, a
court may say an offender is sentenced to six years.

When an offender is given a determinate sentence, half of the sentence is served in custody and half
of the sentence in the community.

Offenders sentenced to 12 months or longer in prison will be put on licence when they are serving
the second part of their sentence. This licence is supervised by the probation service and includes
conditions that offenders must meet.

If the offender doesn’t meet the terms of their licence or commits a further offence they can be
recalled to prison for part or all of their sentence.
 What is an indeterminate sentence?

A court can give a sentence setting the minimum time the offender must spend in
prison. This is called an indeterminate sentence.

For example, a court may say an offender must go to prison ‘for a minimum of ten years’.
This minimum period set by the judge is called a tariff.

These sentences are usually given for serious violent offences or sexual offences and
where the court considers the offender is a risk to the public.

If an offender is given an indeterminate sentence, they have no automatic right to be

released. They will always serve the ‘minimum’ sentence set by the court.

When the minimum time in prison is over, the parole board will decide if it is appropriate
to release an offender under licence.
 What is a life sentence?

A life sentence means the offender will be subject to specific conditions for the rest of their
life, but only one of these conditions may be a period of time in prison.

For most life sentences, the judge sets a minimum time the offender will spend in prison
before being considered for release on licence by the independent parole board, who assess
whether it’s safe and suitable for the offender to be released.

If an offender is released on licence, they’ll be under the supervision of the probation service
and will have to follow specific rules.

Offenders given a life sentence stay under licence for the rest of their life. If they break the
terms of their licence at any time, they will be called back to prison.

Life sentences must be given to offenders who are found guilty of murder. A judge may also
choose to give a life sentence for serious offences, where the law allows.
 What is a whole life term?

In some extremely serious cases, a judge may give an

offender a ‘whole life term’.

This means that there is no minimum term set by the

judge and the offender will never be released from
prison.
 Types of sentences for young people under UK law. Courts have a range of
different sentences they can give offenders aged 10-17. These include:

A custodial sentence
A referral order
Young offenders can
This requires the A youth rehabilitation receive a custodial
A fine offender to attend a order sentence called a
youth offender panel
As with adults, the fine This is a community Detention and Training
(made up of two
should reflect the sentence which can Order (DTO). These
members of the local
offence committed and include one or more orders will only be
community and an
A discharge the offender’s ability to requirements that the imposed in the most
advisor from a youth
pay. For offenders offender must comply serious cases. When
Whether absolute or offending team) and
under 16, paying the with for up to three they are given, they aim
conditional, these are agree a contract
fine is the responsibility years. Some examples to provide training and
the same as those for containing certain
of a parent or guardian of the requirements education and
adult offenders commitments which
and it will be their that can be imposed are rehabilitate the
will last between three
ability to pay that is a curfew, supervision, offender so they don’t
months and a year. The
taken into account unpaid work, drug re-offend. Sentences
aim is for the offender
when setting the level treatment, mental can be spent in secure
to make up for the
of the fine health treatment and children’s homes,
harm caused and
education requirements secure training centres
address their offending
and young offenders’
behaviour.
institutions.