aqa unit 2 key terms in 1 table

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Key terms.
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 The offence requiring the consequence of more than minimal
Bodily Harm 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.
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.
Standard of Proof The level to which the evidence must be proved to gain a
conviction.
Retribution This can be seen as the desire for revenge.
Deterrence This can be seen as putting people off committing crimes: it can
be individual or general.
Rehabilitation This is the notion that the offender will be `cured' of his criminal
tendency and that there will be a restoration of, or improvement
in, his ability to perform and function in society.
Custodial Sentence This is a sentence of imprisonment, which might be immediate or
suspended.
Community Sentence These are alternatives to prison and are non-custodial options
available to a court.

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Discharge This is a sentence where the offender is found guilty of the
offence, and the conviction appears on his criminal record. It may
be absolute or conditional.…read more

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