- 4 Sections
- 350 Lessons
- Lifetime
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- Notes + Written Material For Contents of The SyllabusNotes for Chapters + Written Resources Regarding The Content110
- 1.1English Legal System And Its Context: Legal Systems Around The World – Civil Law (Codified), Common Law, Customary Law, Religious Law, Mixed Legal Systems (Copy)
- 1.2English Legal System And Its Context: Adversarial And Inquisitorial Systems (Copy)
- 1.3English Legal System And Its Context: The Rule Of Law And Its Application To Law Making, The Legal System And Substantive Law (Copy)
- 1.4English Legal System And Its Context: The Difference Between Civil And Criminal Law (Copy)
- 1.5English Legal System And Its Context: The Relationship Between Law And Morality (Copy)
- 1.6English Legal System And Its Context: Law And Justice (Copy)
- 1.7English Legal System And Its Context: The Role Of Law In Society (Copy)
- 1.8English Legal System And Its Context: The Importance Of Fault In Civil And Criminal Law (Copy)
- 1.9Parliamentary Law Making: The Legislative Process From Green Paper To Royal Assent, Role Of The House Of Commons And The House Of Lords In The Process, Different Types Of Bill (Copy)
- 1.10Parliamentary Law Making: Parliamentary Supremacy (Copy)
- 1.11Parliamentary Law Making: Influences On Parliament – Political Pressure, Public Opinion, Pressure Groups, Media (Copy)
- 1.12Parliamentary Law Making: The Role And Composition Of The Law Commission (Copy)
- 1.13Delegated Legislation: Types Of Delegated Legislation – Orders In Council, Statutory Instruments And Bylaws (Copy)
- 1.14Delegated Legislation: The Legislative And Regulatory Reform Act 2006 (Copy)
- 1.15Delegated Legislation: Parliamentary Controls On Delegated Legislation – Pre-Drafting Consultation, Scrutiny Committees, Affirmative And Negative Resolution (Copy)
- 1.16Delegated Legislation: Court Controls On Delegated Legislation – Judicial Review, Locus Standi, Procedural Ultra Vires, Substantive Ultra Vires, And Unreasonableness (Copy)
- 1.17Statutory Interpretation: The Common Law Rules Of Interpretation – Literal, Golden, Mischief, And Purposive Approach (Copy)
- 1.18Statutory Interpretation: Rules Of Language – Ejusdem Generis, Expressio Unius Exclusio Alterius, Noscitur A Sociis (Copy)
- 1.19Statutory Interpretation: Intrinsic Aids To Interpretation – Preamble, Long And Short Titles, Headings, Schedules, Marginal Notes, Interpretation Sections (Copy)
- 1.20Statutory Interpretation: Extrinsic Aids To Interpretation – Previous Acts On The Same Topic, Earlier Case Law, The Historical Setting, Dictionaries Of The Time, Hansard, Reports Of Law Reform Bodies, International Treaties (Copy)
- 1.21Statutory Interpretation: The Impact Of European Union Law And Of The Human Rights Act 1998 On Statutory Interpretation (Copy)
- 1.22Judicial Precedent: The Doctrine Of Judicial Precedent (Copy)
- 1.23Judicial Precedent: Ratio Decidendi, Obiter Dicta And Law Reporting (Copy)
- 1.24Judicial Precedent: Binding, Original And Persuasive Precedents (Copy)
- 1.25Judicial Precedent: The Hierarchy Of The Courts (Copy)
- 1.26Judicial Precedent: The Supreme Court And Use Of The Practice Statement (Copy)
- 1.27Judicial Precedent: The Court Of Appeal And The Exceptions In Young V Bristol Aeroplane Co (1944) (Copy)
- 1.28Judicial Precedent: Avoidance Techniques – Overruling, Reversing And Distinguishing (Copy)
- 1.29Civil Courts And Civil Process: Role And Jurisdiction Of Magistrates’ Court, County Court, High Court, Court Of Appeal, Supreme Court (Copy)
- 1.30Civil Courts And Civil Process: The Woolf Reforms (Copy)
- 1.31Civil Courts And Civil Process: Pre-Trial Procedures (Copy)
- 1.32Civil Courts And Civil Process: Allocation Of Cases – Small Claims, Fast And Multi-Track (Copy)
- 1.33Civil Courts And Civil Process: Appeals (Copy)
- 1.34Alternative Methods Of Dispute Resolution: Negotiation, Conciliation And Mediation (Copy)
- 1.35Alternative Methods Of Dispute Resolution: Arbitration, Arbitration Act 1996, Scott V Avery Clauses (Copy)
- 1.36Criminal Courts And Criminal Process: Role And Jurisdiction Of Magistrates’ Court And Crown Court (Copy)
- 1.37Criminal Courts And Criminal Process: Classification Of Criminal Offences – Summary, Triable Either Way And Indictable (Copy)
- 1.38Criminal Courts And Criminal Process: Pre-Trial Process For Summary, Triable Either Way And Indictable Offences (Copy)
- 1.39Criminal Courts And Criminal Process: Appeals (Copy)
- 1.40Criminal Courts And Criminal Process: Police Bail – Police And Criminal Evidence Act 1984 (PACE), Criminal Justice And Public Order Act 1994 (Copy)
- 1.41Criminal Courts And Criminal Process: Bail From The Court – Bail Act 1976 (Copy)
- 1.42Criminal Courts And Criminal Process: Factors And Conditions For Bail (Copy)
- 1.43Police Powers: Stop And Search – Ss1–7 Police And Criminal Evidence Act 1984 (PACE); PACE Code A; Misuse Of Drugs Act 1971; Terrorism Act 2000 (Copy)
- 1.44Police Powers: Arrest – S24 PACE, As Amended By Serious Organised Crime And Police Act 2005; PACE Code G (Copy)
- 1.45Police Powers: Detention Of Suspects At Police Stations – Time Limits (Ss34–46 PACE; PACE Code C); Rights Of The Detained Person (S56 PACE; PACE Code C); Appropriate Adult (PACE Code C); Interviews (S60 And S60A PACE; PACE Codes E And F) (Copy)
- 1.46Police Powers: Treatment Of Suspects At Police Stations – Searches (S54 And S55 PACE; PACE Code C); Fingerprints (S61 PACE); Samples (S62 And S63 PACE); Physical Conditions Of Interview Room (PACE Code C); Role Of The Custody Officer (PACE Code C) (Copy)
- 1.47Police Powers: Impact Of The Breach Of These Rules – Statements Obtained Through Oppression (S76 PACE); Exclusion Of Evidence (S78 PACE) (Copy)
- 1.48The Judiciary – Superior And Inferior Judges: Qualifications (Copy)
- 1.49The Judiciary – Superior And Inferior Judges: Selection And Appointment (Copy)
- 1.50The Judiciary – Superior And Inferior Judges: Role (Copy)
- 1.51The Judiciary – Superior And Inferior Judges: Training (Copy)
- 1.52The Judiciary – Superior And Inferior Judges: Retirement And Removal (Copy)
- 1.53The Judiciary – Superior And Inferior Judges: Independence (Copy)
- 1.54Legal Professionals: Barristers, Solicitors And Legal Executives (Copy)
- 1.55Legal Professionals: Qualifications (Copy)
- 1.56Legal Professionals: Training (Copy)
- 1.57Legal Professionals: Role (Copy)
- 1.58Legal Professionals: Regulation – The Bar Council, Bar Standards Board, The Law Society, Solicitors Regulation Authority, Legal Ombudsman (Copy)
- 1.59Lay Personnel: Role Of Lay Magistrates In Civil And Criminal Cases (Copy)
- 1.60Lay Personnel: Qualifications (Copy)
- 1.61Lay Personnel: Selection And Appointment (Copy)
- 1.62Lay Personnel: Training (Copy)
- 1.63Lay Personnel: Jury Role In Criminal Courts (Copy)
- 1.64Lay Personnel: Qualifications For Jury Service (Copy)
- 1.65Lay Personnel: Vetting And Challenges (Copy)
- 1.66Lay Personnel: Alternatives To The Use Of The Jury (Copy)
- 1.67Actus Reus: Actus Reus As The Conduct Element Of A Crime (Copy)
- 1.68Actus Reus: Actus Reus By Omission (Copy)
- 1.69Actus Reus: Causation (Copy)
- 1.70Mens Rea: Mens Rea As The Mental Element Of A Crime (Copy)
- 1.71Mens Rea: Intention – Direct And Indirect/Oblique (Copy)
- 1.72Mens Rea: Recklessness (Copy)
- 1.73Theft As Defined In S1 Theft Act 1968: S2 – Dishonesty (Copy)
- 1.74Theft As Defined In S1 Theft Act 1968: S3 – Appropriation (Copy)
- 1.75Theft As Defined In S1 Theft Act 1968: S4 – Property (Copy)
- 1.76Theft As Defined In S1 Theft Act 1968: S5 – Belonging To Another (Copy)
- 1.77Theft As Defined In S1 Theft Act 1968: S6 – Intention To Permanently Deprive (Copy)
- 1.78Theft As Defined In S1 Theft Act 1968: S7 – Sentencing (Copy)
- 1.79Robbery As Defined In S8 Theft Act 1968: Actus Reus (Copy)
- 1.80Robbery As Defined In S8 Theft Act 1968: Mens Rea (Copy)
- 1.81Robbery As Defined In S8 Theft Act 1968: Sentencing (Copy)
- 1.82Burglary As Defined In S9 Theft Act 1968: S9(1)(a) And (2) – Actus Reus And Mens Rea (Copy)
- 1.83Burglary As Defined In S9 Theft Act 1968: S9(1)(b) – Actus Reus And Mens Rea (Copy)
- 1.84Burglary As Defined In S9 Theft Act 1968: S9(3) – Sentencing (Copy)
- 1.85Burglary As Defined In S9 Theft Act 1968: S9(4) – A Building (Copy)
- 1.86Burglary As Defined In S9 Theft Act 1968: Aggravated Burglary As Defined In S10 Theft Act 1968 (Copy)
- 1.87Blackmail As Defined In S21 Theft Act 1968: Actus Reus (Copy)
- 1.88Blackmail As Defined In S21 Theft Act 1968: Mens Rea (Copy)
- 1.89Blackmail As Defined In S21 Theft Act 1968: Sentencing (Copy)
- 1.90Handling Stolen Goods As Defined In S22 Theft Act 1968: Actus Reus (Copy)
- 1.91Handling Stolen Goods As Defined In S22 Theft Act 1968: Mens Rea (Copy)
- 1.92Handling Stolen Goods As Defined In S22 Theft Act 1968: Sentencing (Copy)
- 1.93Making Off Without Payment As Defined In S3 Theft Act 1978: Actus Reus (Copy)
- 1.94Making Off Without Payment As Defined In S3 Theft Act 1978: Mens Rea (Copy)
- 1.95Making Off Without Payment As Defined In S3 Theft Act 1978: S4 – Sentencing (Copy)
- 1.96Criminal Damage As Defined In Criminal Damage Act 1971: S1 – Destroying Or Damaging Property – Actus Reus And Mens Rea (Copy)
- 1.97Criminal Damage As Defined In Criminal Damage Act 1971: S2 – Threats To Destroy Or Damage Property – Actus Reus And Mens Rea (Copy)
- 1.98Criminal Damage As Defined In Criminal Damage Act 1971: S3 – Possessing Anything With Intent To Destroy Or Damage Property – Actus Reus And Mens Rea (Copy)
- 1.99Criminal Damage As Defined In Criminal Damage Act 1971: S4 – Sentencing (Copy)
- 1.100Criminal Damage As Defined In Criminal Damage Act 1971: S5 – ‘Without Lawful Excuse’ (Copy)
- 1.101Fraud As Defined In The Fraud Act 2006: S2 – Fraud By False Representation – Actus Reus And Mens Rea (Copy)
- 1.102Fraud As Defined In The Fraud Act 2006: S3 – Fraud By Failing To Disclose Information – Actus Reus And Mens Rea (Copy)
- 1.103Fraud As Defined In The Fraud Act 2006: S11 – Obtaining Services Dishonestly – Actus Reus And Mens Rea (Copy)
- 1.104Fraud As Defined In The Fraud Act 2006: S4 – Fraud By Abuse Of Position – Actus Reus And Mens Rea (Copy)
- 1.105Adult Offenders: Types Of Sentence – Custodial, Community, Fines And Discharges (Copy)
- 1.106Adult Offenders: Factors In Sentencing (Copy)
- 1.107Young Offenders: Types Of Sentence – Custodial And Community, Parental Responsibility (Copy)
- 1.108Young Offenders: Factors In Sentencing (Copy)
- 1.109Aims Of Sentencing – What Sentences Are Trying To Achieve: Adult Offenders (Copy)
- 1.110Aims Of Sentencing – What Sentences Are Trying To Achieve: Young Offenders (Copy)
- Notes (Rearranged Version)Notes Arranged In A Different Style For Preparation Ease22
- 2.1English Legal System And Its Context (Copy)
- 2.2Parliamentary Law Making (Copy)
- 2.3Delegated Legislation (Copy)
- 2.4Statutory Interpretation (Copy)
- 2.5Judicial Precedent (Copy)
- 2.6Civil Courts And Civil Process (Copy)
- 2.7Alternative Methods of Dispute Resolution (Copy)
- 2.8Criminal Courts And Criminal Process (Copy)
- 2.9Police Powers (Copy)
- 2.10The Judiciary – Superior And Inferior Judges (Copy)
- 2.11Legal Professionals (Copy)
- 2.12Lay Personnel (Copy)
- 2.13Actus Reus And Mens Rea (Copy)
- 2.14Theft As Defined In s1 Theft Act 1968 (Copy)
- 2.15Robbery As Defined In S8 Theft Act 1968 (Copy)
- 2.16Burglary As Defined In S9 Theft Act 1968 (Copy)
- 2.17Blackmail As Defined In S21 Theft Act 1968 (Copy)
- 2.18Handling Stolen Goods As Defined In S22 Theft Act 1968 (Copy)
- 2.19Making Off Without Payment As Defined In S3 Theft Act 1978 (Copy)
- 2.20Criminal Damage As Defined In Criminal Damage Act 1971 (Copy)
- 2.21Fraud As Defined In The Fraud Act 2006 (Copy)
- 2.22Adult Offenders | Young Offenders | Aims of Sentencing (Copy)
- Case Precedents & Statutes Sheet109
- 3.1English Legal System And Its Context: Legal Systems Around The World – Civil Law (Codified), Common Law, Customary Law, Religious Law, Mixed Legal Systems (Copy)
- 3.2English Legal System And Its Context: Adversarial And Inquisitorial Systems (Copy)
- 3.3English Legal System And Its Context: The Rule Of Law And Its Application To Law Making, The Legal System And Substantive Law (Copy)
- 3.4English Legal System And Its Context: The Difference Between Civil And Criminal Law (Copy)
- 3.5English Legal System And Its Context: The Relationship Between Law And Morality (Copy)
- 3.6English Legal System And Its Context: Law And Justice (Copy)
- 3.7English Legal System And Its Context: The Role Of Law In Society (Copy)
- 3.8English Legal System And Its Context: The Importance Of Fault In Civil And Criminal Law (Copy)
- 3.9Parliamentary Law Making: The Legislative Process From Green Paper To Royal Assent, Role Of The House Of Commons And The House Of Lords In The Process, Different Types Of Bill (Copy)
- 3.10Parliamentary Law Making: Parliamentary Supremacy (Copy)
- 3.11Parliamentary Law Making: Influences On Parliament – Political Pressure, Public Opinion, Pressure Groups, Media (Copy)
- 3.12Parliamentary Law Making: The Role And Composition Of The Law Commission (Copy)
- 3.13Delegated Legislation: Types Of Delegated Legislation – Orders In Council, Statutory Instruments And Bylaws (Copy)
- 3.14Delegated Legislation: The Legislative And Regulatory Reform Act 2006 (Copy)
- 3.15Delegated Legislation: Parliamentary Controls On Delegated Legislation – Pre-Drafting Consultation, Scrutiny Committees, Affirmative And Negative Resolution (Copy)
- 3.16Delegated Legislation: Court Controls On Delegated Legislation – Judicial Review, Locus Standi, Procedural Ultra Vires, Substantive Ultra Vires, And Unreasonableness (Copy)
- 3.17Statutory Interpretation: The Common Law Rules Of Interpretation – Literal, Golden, Mischief, And Purposive Approach (Copy)
- 3.18Statutory Interpretation: Rules Of Language – Ejusdem Generis, Expressio Unius Exclusio Alterius, Noscitur A Sociis (Copy)
- 3.19Statutory Interpretation: Intrinsic Aids To Interpretation – Preamble, Long And Short Titles, Headings, Schedules, Marginal Notes, Interpretation Sections (Copy)
- 3.20Statutory Interpretation: Extrinsic Aids To Interpretation – Previous Acts On The Same Topic, Earlier Case Law, The Historical Setting, Dictionaries Of The Time, Hansard, Reports Of Law Reform Bodies, International Treaties (Copy)
- 3.21Statutory Interpretation: The Impact Of European Union Law And Of The Human Rights Act 1998 On Statutory Interpretation (Copy)
- 3.22Judicial Precedent: The Doctrine Of Judicial Precedent (Copy)
- 3.23Judicial Precedent: Ratio Decidendi, Obiter Dicta And Law Reporting (Copy)
- 3.24Judicial Precedent: Binding, Original And Persuasive Precedents (Copy)
- 3.25Judicial Precedent: The Hierarchy Of The Courts (Copy)
- 3.26Judicial Precedent: The Supreme Court And Use Of The Practice Statement (Copy)
- 3.27Judicial Precedent: The Court Of Appeal And The Exceptions In Young V Bristol Aeroplane Co (1944) (Copy)
- 3.28Judicial Precedent: Avoidance Techniques – Overruling, Reversing And Distinguishing (Copy)
- 3.29Civil Courts And Civil Process: Role And Jurisdiction Of Magistrates’ Court, County Court, High Court, Court Of Appeal, Supreme Court (Copy)
- 3.30Civil Courts And Civil Process: The Woolf Reforms (Copy)
- 3.31Civil Courts And Civil Process: Pre-Trial Procedures (Copy)
- 3.32Civil Courts And Civil Process: Allocation Of Cases – Small Claims, Fast And Multi-Track (Copy)
- 3.33Civil Courts And Civil Process: Appeals (Copy)
- 3.34Alternative Methods Of Dispute Resolution: Negotiation, Conciliation And Mediation (Copy)
- 3.35Alternative Methods Of Dispute Resolution: Arbitration, Arbitration Act 1996, Scott V Avery Clauses (Copy)
- 3.36Criminal Courts And Criminal Process: Role And Jurisdiction Of Magistrates’ Court And Crown Court (Copy)
- 3.37Criminal Courts And Criminal Process: Classification Of Criminal Offences – Summary, Triable Either Way And Indictable (Copy)
- 3.38Criminal Courts And Criminal Process: Pre-Trial Process For Summary, Triable Either Way And Indictable Offences (Copy)
- 3.39Criminal Courts And Criminal Process: Appeals (Copy)
- 3.40Criminal Courts And Criminal Process: Police Bail – Police And Criminal Evidence Act 1984 (PACE), Criminal Justice And Public Order Act 1994 (Copy)
- 3.41Criminal Courts And Criminal Process: Bail From The Court – Bail Act 1976 (Copy)
- 3.42Criminal Courts And Criminal Process: Factors And Conditions For Bail (Copy)
- 3.43Police Powers: Stop And Search – Ss1–7 Police And Criminal Evidence Act 1984 (PACE); PACE Code A; Misuse Of Drugs Act 1971; Terrorism Act 2000 (Copy)
- 3.44Police Powers: Arrest – S24 PACE, As Amended By Serious Organised Crime And Police Act 2005; PACE Code G (Copy)
- 3.45Police Powers: Detention Of Suspects At Police Stations – Time Limits (Ss34–46 PACE; PACE Code C); Rights Of The Detained Person (S56 PACE; PACE Code C); Appropriate Adult (PACE Code C); Interviews (S60 And S60A PACE; PACE Codes E And F) (Copy)
- 3.46Police Powers: Treatment Of Suspects At Police Stations – Searches (S54 And S55 PACE; PACE Code C); Fingerprints (S61 PACE); Samples (S62 And S63 PACE); Physical Conditions Of Interview Room (PACE Code C); Role Of The Custody Officer (PACE Code C) (Copy)
- 3.47Police Powers: Impact Of The Breach Of These Rules – Statements Obtained Through Oppression (S76 PACE); Exclusion Of Evidence (S78 PACE) (Copy)
- 3.48The Judiciary – Superior And Inferior Judges: Selection And Appointment (Copy)
- 3.49The Judiciary – Superior And Inferior Judges: Role (Copy)
- 3.50The Judiciary – Superior And Inferior Judges: Training (Copy)
- 3.51The Judiciary – Superior And Inferior Judges: Retirement And Removal (Copy)
- 3.52The Judiciary – Superior And Inferior Judges: Independence (Copy)
- 3.53Legal Professionals: Barristers, Solicitors And Legal Executives (Copy)
- 3.54Legal Professionals: Qualifications (Copy)
- 3.55Legal Professionals: Training (Copy)
- 3.56Legal Professionals: Role (Copy)
- 3.57Legal Professionals: Regulation – The Bar Council, Bar Standards Board, The Law Society, Solicitors Regulation Authority, Legal Ombudsman (Copy)
- 3.58Lay Personnel: Role Of Lay Magistrates In Civil And Criminal Cases (Copy)
- 3.59Lay Personnel: Qualifications (Copy)
- 3.60Lay Personnel: Selection And Appointment (Copy)
- 3.61Lay Personnel: Training (Copy)
- 3.62Lay Personnel: Jury Role In Criminal Courts (Copy)
- 3.63Lay Personnel: Qualifications For Jury Service (Copy)
- 3.64Lay Personnel: Vetting And Challenges (Copy)
- 3.65Lay Personnel: Alternatives To The Use Of The Jury (Copy)
- 3.66Actus Reus: Actus Reus As The Conduct Element Of A Crime (Copy)
- 3.67Actus Reus: Actus Reus By Omission (Copy)
- 3.68Actus Reus: Causation (Copy)
- 3.69Mens Rea: Mens Rea As The Mental Element Of A Crime (Copy)
- 3.70Mens Rea: Intention – Direct And Indirect/Oblique (Copy)
- 3.71Mens Rea: Recklessness (Copy)
- 3.72Theft As Defined In S1 Theft Act 1968: S2 – Dishonesty (Copy)
- 3.73Theft As Defined In S1 Theft Act 1968: S3 – Appropriation (Copy)
- 3.74Theft As Defined In S1 Theft Act 1968: S4 – Property (Copy)
- 3.75Theft As Defined In S1 Theft Act 1968: S5 – Belonging To Another (Copy)
- 3.76Theft As Defined In S1 Theft Act 1968: S6 – Intention To Permanently Deprive (Copy)
- 3.77Theft As Defined In S1 Theft Act 1968: S7 – Sentencing (Copy)
- 3.78Robbery As Defined In S8 Theft Act 1968: Actus Reus (Copy)
- 3.79Robbery As Defined In S8 Theft Act 1968: Mens Rea (Copy)
- 3.80Robbery As Defined In S8 Theft Act 1968: Sentencing (Copy)
- 3.81Burglary As Defined In S9 Theft Act 1968: S9(1)(a) And (2) – Actus Reus And Mens Rea (Copy)
- 3.82Burglary As Defined In S9 Theft Act 1968: S9(1)(b) – Actus Reus And Mens Rea (Copy)
- 3.83Burglary As Defined In S9 Theft Act 1968: S9(3) – Sentencing (Copy)
- 3.84Burglary As Defined In S9 Theft Act 1968: S9(4) – A Building (Copy)
- 3.85Burglary As Defined In S9 Theft Act 1968: Aggravated Burglary As Defined In S10 Theft Act 1968 (Copy)
- 3.86Blackmail As Defined In S21 Theft Act 1968: Actus Reus (Copy)
- 3.87Blackmail As Defined In S21 Theft Act 1968: Mens Rea (Copy)
- 3.88Blackmail As Defined In S21 Theft Act 1968: Sentencing (Copy)
- 3.89Handling Stolen Goods As Defined In S22 Theft Act 1968: Actus Reus (Copy)
- 3.90Handling Stolen Goods As Defined In S22 Theft Act 1968: Mens Rea (Copy)
- 3.91Handling Stolen Goods As Defined In S22 Theft Act 1968: Sentencing (Copy)
- 3.92Making Off Without Payment As Defined In S3 Theft Act 1978: Actus Reus (Copy)
- 3.93Making Off Without Payment As Defined In S3 Theft Act 1978: Mens Rea (Copy)
- 3.94Making Off Without Payment As Defined In S3 Theft Act 1978: S4 – Sentencing (Copy)
- 3.95Criminal Damage As Defined In Criminal Damage Act 1971: S1 – Destroying Or Damaging Property – Actus Reus And Mens Rea (Copy)
- 3.96Criminal Damage As Defined In Criminal Damage Act 1971: S2 – Threats To Destroy Or Damage Property – Actus Reus And Mens Rea (Copy)
- 3.97Criminal Damage As Defined In Criminal Damage Act 1971: S3 – Possessing Anything With Intent To Destroy Or Damage Property – Actus Reus And Mens Rea (Copy)
- 3.98Criminal Damage As Defined In Criminal Damage Act 1971: S4 – Sentencing (Copy)
- 3.99Criminal Damage As Defined In Criminal Damage Act 1971: S5 – ‘Without Lawful Excuse’ (Copy)
- 3.100Fraud As Defined In The Fraud Act 2006: S2 – Fraud By False Representation – Actus Reus And Mens Rea (Copy)
- 3.101Fraud As Defined In The Fraud Act 2006: S3 – Fraud By Failing To Disclose Information – Actus Reus And Mens Rea (Copy)
- 3.102Fraud As Defined In The Fraud Act 2006: S11 – Obtaining Services Dishonestly – Actus Reus And Mens Rea (Copy)
- 3.103Fraud As Defined In The Fraud Act 2006: S4 – Fraud By Abuse Of Position – Actus Reus And Mens Rea (Copy)
- 3.104Adult Offenders: Types Of Sentence – Custodial, Community, Fines And Discharges (Copy)
- 3.105Adult Offenders: Factors In Sentencing (Copy)
- 3.106Young Offenders: Types Of Sentence – Custodial And Community, Parental Responsibility (Copy)
- 3.107Young Offenders: Factors In Sentencing (Copy)
- 3.108Aims Of Sentencing – What Sentences Are Trying To Achieve: Adult Offenders (Copy)
- 3.109Aims Of Sentencing – What Sentences Are Trying To Achieve: Young Offenders (Copy)
- Cheat SheetsPractice Questions/ Exams Based Both On Actual Exam Pattern And On Topical Content To Boost Preparation And Improve Performance109
- 4.1English Legal System And Its Context: Legal Systems Around The World – Civil Law (Codified), Common Law, Customary Law, Religious Law, Mixed Legal Systems (Copy)
- 4.2English Legal System And Its Context: Adversarial And Inquisitorial Systems (Copy)
- 4.3English Legal System And Its Context: The Rule Of Law And Its Application To Law Making, The Legal System And Substantive Law (Copy)
- 4.4English Legal System And Its Context: The Difference Between Civil And Criminal Law (Copy)
- 4.5English Legal System And Its Context: The Relationship Between Law And Morality (Copy)
- 4.6English Legal System And Its Context: Law And Justice (Copy)
- 4.7English Legal System And Its Context: The Role Of Law In Society (Copy)
- 4.8English Legal System And Its Context: The Importance Of Fault In Civil And Criminal Law (Copy)
- 4.9Parliamentary Law Making: The Legislative Process From Green Paper To Royal Assent, Role Of The House Of Commons And The House Of Lords In The Process, Different Types Of Bill (Copy)
- 4.10Parliamentary Law Making: Parliamentary Supremacy (Copy)
- 4.11Parliamentary Law Making: Influences On Parliament – Political Pressure, Public Opinion, Pressure Groups, Media (Copy)
- 4.12Parliamentary Law Making: The Role And Composition Of The Law Commission (Copy)
- 4.13Delegated Legislation: Types Of Delegated Legislation – Orders In Council, Statutory Instruments And Bylaws (Copy)
- 4.14Delegated Legislation: The Legislative And Regulatory Reform Act 2006 (Copy)
- 4.15Delegated Legislation: Parliamentary Controls On Delegated Legislation – Pre-Drafting Consultation, Scrutiny Committees, Affirmative And Negative Resolution (Copy)
- 4.16Delegated Legislation: Court Controls On Delegated Legislation – Judicial Review, Locus Standi, Procedural Ultra Vires, Substantive Ultra Vires, And Unreasonableness (Copy)
- 4.17Statutory Interpretation: The Common Law Rules Of Interpretation – Literal, Golden, Mischief, And Purposive Approach (Copy)
- 4.18Statutory Interpretation: Rules Of Language – Ejusdem Generis, Expressio Unius Exclusio Alterius, Noscitur A Sociis (Copy)
- 4.19Statutory Interpretation: Intrinsic Aids To Interpretation – Preamble, Long And Short Titles, Headings, Schedules, Marginal Notes, Interpretation Sections (Copy)
- 4.20Statutory Interpretation: Extrinsic Aids To Interpretation – Previous Acts On The Same Topic, Earlier Case Law, The Historical Setting, Dictionaries Of The Time, Hansard, Reports Of Law Reform Bodies, International Treaties (Copy)
- 4.21Statutory Interpretation: The Impact Of European Union Law And Of The Human Rights Act 1998 On Statutory Interpretation (Copy)
- 4.22Judicial Precedent: The Doctrine Of Judicial Precedent (Copy)
- 4.23Judicial Precedent: Ratio Decidendi, Obiter Dicta And Law Reporting (Copy)
- 4.24Judicial Precedent: Binding, Original And Persuasive Precedents (Copy)
- 4.25Judicial Precedent: The Hierarchy Of The Courts (Copy)
- 4.26Judicial Precedent: The Supreme Court And Use Of The Practice Statement (Copy)
- 4.27Judicial Precedent: The Court Of Appeal And The Exceptions In Young V Bristol Aeroplane Co (1944) (Copy)
- 4.28Judicial Precedent: Avoidance Techniques – Overruling, Reversing And Distinguishing (Copy)
- 4.29Civil Courts And Civil Process: Role And Jurisdiction Of Magistrates’ Court, County Court, High Court, Court Of Appeal, Supreme Court (Copy)
- 4.30Civil Courts And Civil Process: The Woolf Reforms (Copy)
- 4.31Civil Courts And Civil Process: Pre-Trial Procedures (Copy)
- 4.32Civil Courts And Civil Process: Allocation Of Cases – Small Claims, Fast And Multi-Track (Copy)
- 4.33Civil Courts And Civil Process: Appeals (Copy)
- 4.34Alternative Methods Of Dispute Resolution: Negotiation, Conciliation And Mediation (Copy)
- 4.35Alternative Methods Of Dispute Resolution: Arbitration, Arbitration Act 1996, Scott V Avery Clauses (Copy)
- 4.36Criminal Courts And Criminal Process: Role And Jurisdiction Of Magistrates’ Court And Crown Court (Copy)
- 4.37Criminal Courts And Criminal Process: Classification Of Criminal Offences – Summary, Triable Either Way And Indictable (Copy)
- 4.38Criminal Courts And Criminal Process: Pre-Trial Process For Summary, Triable Either Way And Indictable Offences (Copy)
- 4.39Criminal Courts And Criminal Process: Appeals (Copy)
- 4.40Criminal Courts And Criminal Process: Police Bail – Police And Criminal Evidence Act 1984 (PACE), Criminal Justice And Public Order Act 1994 (Copy)
- 4.41Criminal Courts And Criminal Process: Bail From The Court – Bail Act 1976 (Copy)
- 4.42Criminal Courts And Criminal Process: Factors And Conditions For Bail (Copy)
- 4.43Police Powers: Stop And Search – Ss1–7 Police And Criminal Evidence Act 1984 (PACE); PACE Code A; Misuse Of Drugs Act 1971; Terrorism Act 2000 (Copy)
- 4.44Police Powers: Arrest – S24 PACE, As Amended By Serious Organised Crime And Police Act 2005; PACE Code G (Copy)
- 4.45Police Powers: Detention Of Suspects At Police Stations – Time Limits (Ss34–46 PACE; PACE Code C); Rights Of The Detained Person (S56 PACE; PACE Code C); Appropriate Adult (PACE Code C); Interviews (S60 And S60A PACE; PACE Codes E And F) (Copy)
- 4.46Police Powers: Treatment Of Suspects At Police Stations – Searches (S54 And S55 PACE; PACE Code C); Fingerprints (S61 PACE); Samples (S62 And S63 PACE); Physical Conditions Of Interview Room (PACE Code C); Role Of The Custody Officer (PACE Code C) (Copy)
- 4.47Police Powers: Impact Of The Breach Of These Rules – Statements Obtained Through Oppression (S76 PACE); Exclusion Of Evidence (S78 PACE) (Copy)
- 4.48The Judiciary – Superior And Inferior Judges: Selection And Appointment (Copy)
- 4.49The Judiciary – Superior And Inferior Judges: Role (Copy)
- 4.50The Judiciary – Superior And Inferior Judges: Training (Copy)
- 4.51The Judiciary – Superior And Inferior Judges: Retirement And Removal (Copy)
- 4.52The Judiciary – Superior And Inferior Judges: Independence (Copy)
- 4.53Legal Professionals: Barristers, Solicitors And Legal Executives (Copy)
- 4.54Legal Professionals: Qualifications (Copy)
- 4.55Legal Professionals: Training (Copy)
- 4.56Legal Professionals: Role (Copy)
- 4.57Legal Professionals: Regulation – The Bar Council, Bar Standards Board, The Law Society, Solicitors Regulation Authority, Legal Ombudsman (Copy)
- 4.58Lay Personnel: Role Of Lay Magistrates In Civil And Criminal Cases (Copy)
- 4.59Lay Personnel: Qualifications (Copy)
- 4.60Lay Personnel: Selection And Appointment (Copy)
- 4.61Lay Personnel: Training (Copy)
- 4.62Lay Personnel: Jury Role In Criminal Courts (Copy)
- 4.63Lay Personnel: Qualifications For Jury Service (Copy)
- 4.64Lay Personnel: Vetting And Challenges (Copy)
- 4.65Lay Personnel: Alternatives To The Use Of The Jury (Copy)
- 4.66Actus Reus: Actus Reus As The Conduct Element Of A Crime (Copy)
- 4.67Actus Reus: Actus Reus By Omission (Copy)
- 4.68Actus Reus: Causation (Copy)
- 4.69Mens Rea: Mens Rea As The Mental Element Of A Crime (Copy)
- 4.70Mens Rea: Intention – Direct And Indirect/Oblique (Copy)
- 4.71Mens Rea: Recklessness (Copy)
- 4.72Theft As Defined In S1 Theft Act 1968: S2 – Dishonesty (Copy)
- 4.73Theft As Defined In S1 Theft Act 1968: S3 – Appropriation (Copy)
- 4.74Theft As Defined In S1 Theft Act 1968: S4 – Property (Copy)
- 4.75Theft As Defined In S1 Theft Act 1968: S5 – Belonging To Another (Copy)
- 4.76Theft As Defined In S1 Theft Act 1968: S6 – Intention To Permanently Deprive (Copy)
- 4.77Theft As Defined In S1 Theft Act 1968: S7 – Sentencing (Copy)
- 4.78Robbery As Defined In S8 Theft Act 1968: Actus Reus (Copy)
- 4.79Robbery As Defined In S8 Theft Act 1968: Mens Rea (Copy)
- 4.80Robbery As Defined In S8 Theft Act 1968: Sentencing (Copy)
- 4.81Burglary As Defined In S9 Theft Act 1968: S9(1)(a) And (2) – Actus Reus And Mens Rea (Copy)
- 4.82Burglary As Defined In S9 Theft Act 1968: S9(1)(b) – Actus Reus And Mens Rea (Copy)
- 4.83Burglary As Defined In S9 Theft Act 1968: S9(3) – Sentencing (Copy)
- 4.84Burglary As Defined In S9 Theft Act 1968: S9(4) – A Building (Copy)
- 4.85Burglary As Defined In S9 Theft Act 1968: Aggravated Burglary As Defined In S10 Theft Act 1968 (Copy)
- 4.86Blackmail As Defined In S21 Theft Act 1968: Actus Reus (Copy)
- 4.87Blackmail As Defined In S21 Theft Act 1968: Mens Rea (Copy)
- 4.88Blackmail As Defined In S21 Theft Act 1968: Sentencing (Copy)
- 4.89Handling Stolen Goods As Defined In S22 Theft Act 1968: Actus Reus (Copy)
- 4.90Handling Stolen Goods As Defined In S22 Theft Act 1968: Mens Rea (Copy)
- 4.91Handling Stolen Goods As Defined In S22 Theft Act 1968: Sentencing (Copy)
- 4.92Making Off Without Payment As Defined In S3 Theft Act 1978: Actus Reus (Copy)
- 4.93Making Off Without Payment As Defined In S3 Theft Act 1978: Mens Rea (Copy)
- 4.94Making Off Without Payment As Defined In S3 Theft Act 1978: S4 – Sentencing (Copy)
- 4.95Criminal Damage As Defined In Criminal Damage Act 1971: S1 – Destroying Or Damaging Property – Actus Reus And Mens Rea (Copy)
- 4.96Criminal Damage As Defined In Criminal Damage Act 1971: S2 – Threats To Destroy Or Damage Property – Actus Reus And Mens Rea (Copy)
- 4.97Criminal Damage As Defined In Criminal Damage Act 1971: S3 – Possessing Anything With Intent To Destroy Or Damage Property – Actus Reus And Mens Rea (Copy)
- 4.98Criminal Damage As Defined In Criminal Damage Act 1971: S4 – Sentencing (Copy)
- 4.99Criminal Damage As Defined In Criminal Damage Act 1971: S5 – ‘Without Lawful Excuse’ (Copy)
- 4.100Fraud As Defined In The Fraud Act 2006: S2 – Fraud By False Representation – Actus Reus And Mens Rea (Copy)
- 4.101Fraud As Defined In The Fraud Act 2006: S3 – Fraud By Failing To Disclose Information – Actus Reus And Mens Rea (Copy)
- 4.102Fraud As Defined In The Fraud Act 2006: S11 – Obtaining Services Dishonestly – Actus Reus And Mens Rea (Copy)
- 4.103Fraud As Defined In The Fraud Act 2006: S4 – Fraud By Abuse Of Position – Actus Reus And Mens Rea (Copy)
- 4.104Adult Offenders: Types Of Sentence – Custodial, Community, Fines And Discharges (Copy)
- 4.105Adult Offenders: Factors In Sentencing (Copy)
- 4.106Young Offenders: Types Of Sentence – Custodial And Community, Parental Responsibility (Copy)
- 4.107Young Offenders: Factors In Sentencing (Copy)
- 4.108Aims Of Sentencing – What Sentences Are Trying To Achieve: Adult Offenders (Copy)
- 4.109Aims Of Sentencing – What Sentences Are Trying To Achieve: Young Offenders (Copy)
Mens Rea: Recklessness (Copy)
Mens Rea: Recklessness
(England And Wales — Case Law & Statutes Only — Tabular, Quick-Revision, Examiner-Focused)
Meaning Of Recklessness In Criminal Law
| Authority | Definition | Examiner Focus |
|---|---|---|
| Common law | Conscious taking of an unjustified risk | Awareness-based fault |
| R v Cunningham (1957) | D foresees a risk and goes on to take it | Subjective test |
| R v G (2003) | Risk must be obvious and unreasonable | Current law |
- Recklessness sits below intention
- Requires foresight of risk, not certainty of outcome
- Focus is on what the defendant actually foresaw
Evolution Of Recklessness (Exam Timeline)
| Case | Test Applied | Status |
|---|---|---|
| R v Cunningham (1957) | Subjective foresight of risk | Good law |
| R v Caldwell (1982) | Objective “obvious risk” | Overruled |
| R v G (2003) | Subjective foresight + unreasonableness | Current law |
Subjective Recklessness (Current Law)
Cunningham Recklessness
| Element | Requirement |
|---|---|
| Awareness | Defendant actually foresaw the risk |
| Conduct | Defendant went on to take the risk |
| Result | Risk materialised |
| Case | Principle | Examiner Use |
|---|---|---|
| R v Cunningham (1957) | Awareness of risk of harm | Leading authority |
Overruling Of Caldwell Recklessness
Caldwell Objective Test (Now Rejected)
| Case | Rule | Problem |
|---|---|---|
| R v Caldwell (1982) | D reckless if failed to consider obvious risk | Unfair to children/low capacity |
| Elliott v C (1983) | Child judged objectively | Injustice highlighted |
Restoration Of Subjective Test
| Case | Principle | Examiner Gold |
|---|---|---|
| R v G (2003) | Recklessness requires actual foresight | Definitive authority |
A person acts recklessly if:
- He is aware of a risk
- The risk is unreasonable to take
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Two-Stage Test For Recklessness (R v G)
| Stage | Question |
|---|---|
| 1 | Did the defendant foresee a risk? |
| 2 | Was it unreasonable to take that risk? |
- If no foresight → no recklessness
- If foresight + unreasonableness → recklessness established
Risk Assessment And Unreasonableness
| Factor | Legal Relevance |
|---|---|
| Probability of harm | Higher probability strengthens recklessness |
| Seriousness of harm | More serious harm = more likely reckless |
| Social utility | Lawful justification may negate recklessness |
Recklessness In Result Crimes
| Case | Conduct | Result |
|---|---|---|
| R v Cunningham (1957) | Tampering with gas meter | Injury |
| R v G (2003) | Fire damage | Property damage |
- Defendant must foresee risk of the prohibited result
- Actual harm caused must match risk foreseen
Recklessness Vs Intention (Critical Comparison)
| Aspect | Recklessness | Intention |
|---|---|---|
| Desire | No | Yes (direct) |
| Foresight | Risk | Virtual certainty |
| Threshold | Lower | Very high |
| Key case | R v G | Woollin |
Recklessness Vs Negligence
| Aspect | Recklessness | Negligence |
|---|---|---|
| Awareness | Yes | No |
| Standard | Subjective | Objective |
| Use in criminal law | Common | Rare |
| Key case | R v G | Adomako |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Recklessness And Capacity
| Issue | Authority | Examiner Focus |
|---|---|---|
| Age | R v G (2003) | Child judged subjectively |
| Intelligence | Cunningham | Personal awareness matters |
| Intoxication | Majewski (1977) | Voluntary intoxication no defence |
Recklessness And Statutory Interpretation
| Statute | Mens Rea Term | Interpretation |
|---|---|---|
| Criminal Damage Act 1971 | “Reckless” | Cunningham / R v G |
| Offences Against the Person Act 1861 | “Maliciously” | Cunningham recklessness |
Examiner Hotspots
| Issue | Key Authority |
|---|---|
| Definition | Cunningham |
| Objective test rejection | R v G |
| Child defendants | R v G |
| Distinction from intention | Woollin |
| Distinction from negligence | Adomako |
Common Examiner Errors
| Error | Correction |
|---|---|
| Using Caldwell | Overruled |
| Saying “should have foreseen” | Must actually foresee |
| Confusing risk with certainty | Certainty = intention |
| Ignoring unreasonableness | Essential element |
High-Yield Examiner Lines
- “Recklessness requires subjective awareness of a risk”
- “The objective Caldwell test has been overruled”
- “Under R v G, recklessness combines foresight and unreasonableness”
- “Risk-taking differs fundamentally from intention”
- “Children are judged by their own awareness of risk”
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course