#17480 - Criminal Liability Classification Of Crimes - Criminal Liability

CLASSIFICATION OF CRIMESDetermines a lot so v important Rights of criminals by constitution: Article 37 >Judicial powers cannot be exercised outside the courts/ criminal law. Except for limited functions. Article 38 >Due course of law Criminal procedure provides this. ➢ Arraignment: when someone reads your summons and you plead guilty or not guilty Article 15.5.1 >law cannot apply retrospectively To protect the rule of law Law is regarded as supreme, rather than a person It governs everything You can't punish someone after the prohibition has come into existence for something they did before that initiation Felony/ Misdemeanour • • • • • • • Still exists in common law Abolished by criminal law act In 97 Three-way distinction 1. Treason 2. Felony - o majority of serious crimes 3. Misdemeanour Wider powers of arrest for felony compared to misdemeanour - an example of the importance Larger rules governing liability of accomplices - assisting in commission of a felony The act replaced the distinction with further distinctions > so felony still exists but it encompasses most serious crimes, and the term is not its own distinct category that has a base in legislation However, it remains in existence at common law. Minor/ Non-Minor • • Article 38.2 > general rule regarding jury trial in respect of some serious offences It draws between minor and non-minor > jury in all cases except those of minor offences Melling Leading authority - also in determination of criminal/ civil. Dependent onSeverity of punishment Moral quality of offence Conroy v AG What about penalties that are not fine or imprisonment? Suspension of license etc…. Person driving under the influence and disqualified from driving license. SC:Disqualifications and other incidental consequences not considered when determining whether the offence is minor/ non-minor Deterrent effect but not a 'primary punishment' Nor is it intended to be punitive ➢ Distinction between minor and non-minor for penalties: 3,000 fine and 12 months imprisonment Indictable/ Summary • • Indictable - must or can be tired on indictment, meaning jury is present Greater procedural obligations Greater procedural protections Summary is no jury. How do we decide?There are some only summary/ indictable by positive law And others that can be either: Whether DPP or accused agrees to a trial taking place before a DC. Criminal Justice Public Order Act 1997 s.4: ▪ ▪ it shall be an offence for someone to be drunk in public to an extent that'd give rise to a reasonable apprehension that he might endanger himself or another person in vicinity Guilty….shall be liable on conviction on summary NFOAPA 1997 s.4 ▪ ▪ intetionally or recklessly causes serious harm to another Guilty…shall be liable on conviction on indictment. Serious/ Non-serious