Criminal Law (Introduction)
CRIMINAL LAW
In most cases the criminal law recognises a particular intention or state of mind as a necessary part of a criminal offence (there are some cases of "strict liability" where this is not necessary). However ignorance of the law on the part of an accused person is never accepted as an excuse. The law punishes not only criminal acts, but also - as incitements, attempts or conspiracies - steps towards the commission of a crime which may never take place. People may be exempted from criminal liability because they have been deprived of their free will and self-control - by coercion or insanity, for instance. Some classes of people, such as children under ten years, may also be exempted from liability. Overseas diplomats in Britain may be entitled to immunity from criminal proceedings, but are expected to respect the law.
The classification of crimes is often based on the kind of harm done. There are crimes, for instance, against the person of the individual (such as assault or murder), against his or her property (burglary, arson and theft are examples), and against public rights which belong in common to all citizens (such as treason and offences against public order). Classification may also be based on the methods of "trial" (as criminal proceedings are known). Serious crimes are usual tried "upon indictment" (or formal accusation) before a judge and jury; less serious crimes are tried "summarily" before magistrates sitting without a jury.
Return to FireNet Home Page