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UK Law Reference
모든 주제

형법

사람과 재산에 대한 범죄, 항변, 양형 및 형사절차.

Criminal Law
UK-wide

소개

Criminal law in England & Wales defines conduct that is prohibited by the state and punishable by sanctions including imprisonment, fines, and community orders. The criminal justice system operates on the fundamental principle that a person is presumed innocent until proven guilty beyond reasonable doubt. Most serious offences require proof of both an actus reus (guilty act) and mens rea (guilty mind). Criminal law is primarily statutory, with major codifying statutes including the Offences Against the Person Act 1861, the Theft Act 1968, and the Sexual Offences Act 2003, supplemented by extensive common law principles.

In Brief

In criminal law, the prosecution must prove both a guilty act (actus reus) and a guilty mind (mens rea) beyond reasonable doubt — you are presumed innocent unless and until proven guilty. If you are arrested or charged, you have the right to free legal advice from a duty solicitor at the police station; use it before answering any questions.

핵심 원칙

1

Actus Reus — The physical element of a crime: a voluntary act, an omission (where there is a duty to act), or a state of affairs. The act must be voluntary (R v Larsonneur [1933] remains controversial).

2

Mens Rea — The mental element: intention (direct or oblique, as in R v Woollin [1999]), recklessness (R v Cunningham [1957] for subjective recklessness), negligence, or strict liability (no mens rea required).

3

Coincidence of Actus Reus and Mens Rea — Both elements must coincide in time, though the courts apply the 'continuing act' theory (Fagan v Metropolitan Police Commissioner [1969]) or 'transaction' principle to ensure justice.

4

Causation — The defendant's act must be both the factual cause ('but for' test) and the legal cause (operating and substantial cause) of the prohibited consequence. Intervening acts may break the chain of causation (R v Smith [1959]).

5

Murder — Unlawful killing with intention to kill or cause GBH (R v Vickers [1957]). The mandatory sentence is life imprisonment.

6

Manslaughter — Voluntary manslaughter (loss of control under s.54 Coroners and Justice Act 2009, or diminished responsibility under s.52) and involuntary manslaughter (unlawful act manslaughter or gross negligence manslaughter — R v Adomako [1995]).

7

Defences — Self-defence (s.76 Criminal Justice and Immigration Act 2008), duress (R v Hasan [2005]), intoxication (R v Majewski [1977] — distinguishing specific and basic intent), insanity (M'Naghten Rules [1843]), and automatism.

8

Inchoate Offences — Attempt (Criminal Attempts Act 1981), conspiracy (Criminal Law Act 1977), and encouraging or assisting crime (Serious Crime Act 2007).

핵심 법령

Offences Against the Person Act 1861

1861

Theft Act 1968

1968
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Criminal Justice Act 2003

2003

Sexual Offences Act 2003

2003

Coroners and Justice Act 2009

2009

주요 판례

R v Woollin

[1999] 1 AC 82

판례 읽기 →

R v Adomako

[1995] 1 AC 171

판례 읽기 →

R v Cunningham

[1957] 2 QB 396

판례 읽기 →

R v Ghosh

[1982] QB 1053

판례 읽기 →

R v Cheshire

[1991] 1 WLR 844

판례 읽기 →

일반적인 시나리오

Pub fight resulting in serious injury

Depending on intent and severity, charges range from common assault (s.39 Criminal Justice Act 1988) to ABH (s.47 OAPA 1861), wounding/GBH (s.20 — reckless, or s.18 — intentional). Self-defence is available if the force used was reasonable in the circumstances as the defendant believed them to be.

Shoplifting from a retail store

Theft under s.1 Theft Act 1968 requires dishonest appropriation of property belonging to another with the intention of permanently depriving. The Ghosh test for dishonesty has been replaced by the Supreme Court's test in Ivey v Genting Casinos [2017].

Driving dangerously and causing a death

Causing death by dangerous driving (s.1 Road Traffic Act 1988) carries a maximum of life imprisonment following the Police, Crime, Sentencing and Courts Act 2022. The prosecution must prove the driving fell far below the standard of a competent and careful driver.

Sharing intimate images without consent

Under s.33 Criminal Justice and Courts Act 2015 (the 'revenge porn' law), disclosing private sexual photographs without consent and with intent to cause distress is a criminal offence carrying up to 2 years' imprisonment.

Related Careers

Frequently Asked Questions

What is the difference between a summary offence and an indictable offence?

Summary offences are less serious crimes tried in the Magistrates' Court (e.g. minor assault, most motoring offences). Indictable offences are more serious crimes tried in the Crown Court before a jury (e.g. murder, robbery). Either-way offences can be tried in either court.

What does 'beyond reasonable doubt' mean?

This is the standard of proof in criminal cases. The prosecution must prove the defendant's guilt so that the jury is sure — not just that it is probable, but that there is no reasonable doubt.

Can I represent myself in a criminal trial?

Yes, you have the right to represent yourself (act as a 'litigant in person'). However, for serious offences this is strongly discouraged. Legal aid may be available depending on the offence and your financial circumstances.

Important Deadlines

Prosecution of summary-only offences6 months from the date of the offence (Magistrates' Courts Act 1980, s.127)
Appeal from Magistrates' Court to Crown Court21 days from sentence or conviction
Appeal from Crown Court to Court of Appeal (Criminal Division)28 days from conviction or sentence

Typical Costs

Typical Costs & Fees
Duty solicitor at police stationFree (funded by Legal Aid)
Magistrates' Court legal aid (means tested)Free if eligible; contributions may apply
Crown Court private defence solicitor (standard case)£1,500–£25,000+ depending on complexity and length of trial

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Related Legislation