Sources Of Criminal Law + Classification Of Offences (3).

#Sources #Criminal #Law #Classification #Offences

What are the sources of criminal law? In this video, we explain the two sources that criminal law springs from: statute and common law (case law). Examples from both sources are put forward as well: murder & manslaughter as examples of common law offences, whereas theft under the Theft Act 1968, rape under the Sexual Offences Act 2003 & wounding or grievous bodily harm (GBH) with intent under the Offences Against The Person Act 1861 as examples of statutory offences. It is made evident that in some cases, the defendant will be charged under, and the definition of their offence, will be given by one source but in other cases such as assault and battery, the defendant might be charged under one source (The Criminal Justice Act 1988) but the definition of their offence given by the other (Fagan v Metropolitan Police Commissioner [1969]). Furthermore, we elaborate upon the three different types of offences, where they are normally tried and the sentences associated with them each: indictable offences (such as murder, manslaughter, rape, robbery & causing GBH with intent), Either Way offences (such as theft, assault occasioning actual bodily harm, wounding, causing GBH with intent & burglary) and finally, Summary offences (such as driving offences, assault & battery).

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