Criminal Offences

Most criminal offences are codified in statutes. The statutes will provide for maximum penalties, which take the form of fines or custodial sentences. In addition to these prescribed maximum penalties there are sentencing guidelines for the Court to consider when imposing the penalty.

Certain offences are not prescribed by statute but by the common law, for example assault.

A few criminal offences involve strict liability and therefore the intention of the Defendant is irrelevant. Most however involve a mental element (mens rea) as well as the act (actus reus).

The mens rea may require actual intent or recklessness or even only gross negligence. The actus reus may involve the full act of committing a crime or merely the initial steps for crimes of attempt.

The normal procedure is for the police to build a case against the defendant. The Crown Prosecution Service then prosecutes the case. It does have discretion as to whether to prosecute and will consider the likelihood of securing a conviction when exercising this discretion.