Criminal Law Principles Flashcards

What is the offence of 'obtaining services dishonestly' under the Fraud Act 2006?

Answer: Dishonestly obtaining services knowing they are being provided on the basis they have been or will be paid for, without intending to pay

S.11 Fraud Act 2006 makes it an offence to dishonestly obtain services from another by not paying for them when knowing they are being provided on the understanding that payment has been or will be made, with no intention of paying.

What is 'blackmail' under s.21 Theft Act 1968?

Answer: Making an unwarranted demand with menaces with a view to gain or with intent to cause loss

Blackmail (s.21 Theft Act 1968) is making an unwarranted demand with menaces, where the demand is unwarranted unless the defendant believes they have reasonable grounds for it and that menaces are a proper means of reinforcing it.

What is the defence of 'duress' in criminal law?

Answer: The defendant committed the offence because of threats of death or serious injury that a person of reasonable firmness could not have resisted

Duress is a complete defence where the defendant acted under threats of death or serious injury that were: immediate (or almost immediate), directed at themselves or a close family member, and such that a sober person of reasonable firmness sharing the defendant's characteristics would have acted similarly (Hasan [2005]).

Which court hears appeals against conviction from the Crown Court?

Answer: The Court of Appeal (Criminal Division)

Appeals against conviction or sentence from the Crown Court go to the Court of Appeal (Criminal Division). The Court of Appeal can quash convictions, vary sentences, or order retrials.

What is the purpose of a 'caution' given by police before questioning?

Answer: To inform the suspect that they do not have to say anything but that it may harm their defence if they fail to mention facts they later rely on in court

The caution (under Code C of the PACE Codes of Practice) informs the suspect: 'You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.'

What is the 'right to silence' and how has it been modified in England and Wales?

Answer: Suspects need not answer police questions, but adverse inferences may be drawn from silence under the CJPOA 1994

The Criminal Justice and Public Order Act 1994 (ss.34-38) allows courts to draw adverse inferences from a defendant's silence during police interview if they later rely on facts they failed to mention when questioned. The right to silence remains but is qualified.