AQA LAW AS UNIT 2: CRIMINAL LIABILITY - KEY TERMS

Key terms for the whole criminal liability section for unit 2. 

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Danielle CoakleyUnit 2 : Concept of LiabilityKey Terms
Criminal Liability
Criminal Law The law that sets out the definitions of individual
crimes.
Criminal Process The system used in a criminal crime to manage
the stages between the offence and conviction
of the offender.
Criminal Evidence The rules that set out how the facts of a criminal
case must be proved.
Sentencing The decision of the court relating to the
punishment to be imposed upon a guilty
defendant, and the way in which this is done.
Actus Reus The guilty act.
Causation The link between the defendant's act and the
criminal consequence.
Factual Causation This is the `but for' test: but for the defendant's
act, would the consequence have occurred?
Legal Causation This is the `operating and substantial cause' test
to find the link between the defendant's act and
the criminal consequence.
Novus Actus Interveniens Literally, a `new act intervening'. This breaks the
chain of causation.
Mens Rea The guilty mind of the defendant.
Direct Intent This occurs where the consequence is the
defendant's aim or purpose.
Recklessness The level of mens rea lower than intention
wherein the defendant knows there is a risk but
goes ahead and takes it anyway.
Transferred Malice Where the mens rea of the crime directed at
one person is transferred to the unintended
victim of a crime.
Strict Liability These are crimes defined as requiring an actus
reus only; mens rea has no relevance.
Assault Intentionally or recklessly causing the victim to
fear immediate, unlawful harm.
Battery The unlawful application of force to another.
Assault Occasioning Actual Bodily Harm The offence requiring the consequence of more
than minimal harm to the victim.
Grievous Bodily Harm This is serious harm and can cover a wide range
of injuries.
Wounding This is where the victim's skin is cut and
therefore usually results in some blood loss.
Summary Offence A criminal offence that can only be tried by a
Magistrates' Court.
Either-way Offence An offence for which the accused may be tried
by the Magistrates' Court or in the Crown Court,
where the defendant will be tried by a jury.
Indictable Offence A criminal offence that can only be tried by the
Crown Court.

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Danielle CoakleyUnit 2 : Concept of LiabilityKey Terms
Arrest Warrant An order of the court for a person to be
arrested in connection with a criminal offence.
Search Warrant An order of the court that permits the police to
search premises to look for evidence in
connection with the crime.
Bail Release of a defendant from custody until his
next appearance in court.
Burden of Proof The obligation to prove the defendant
committed the crime.…read more

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