118
cl 23 51
cl 27(3) 170
EU Legislation
Treaty of Rome (1957) 8
International Legislation
European Convention on Human Rights (1950) 9, 10, 18, 571
Art 2 60
Article 2 9, 371, 372, 379, 380, 421, 428
Article 2(1) 380
Article 2(2) 380
Article 3 9, 544
Articles 4–5 9
Article 6 9, 259, 574
Article 6(2) 17, 132, 448
Article 7 9, 13, 53, 134, 258, 259, 496
Article 8 9, 10, 14, 424, 503, 543
Article 9 10, 537, 538
Articles 10–14 10
Rome Statute (1998) 11
United Nations Charter
Article 2(1) 10
France
Penal Code
Article 63 40
Germany
Penal Code
Article 323c 40
Hong Kong
Hong Kong Ordinance
s 40(2A)(b) 127
New Zealand
Securities Amendment Act 1988 286
chapter 1 Introduction to the Criminal Law
study points
After reading this chapter, you will be able to understand:
•what is meant by the study of the ‘criminal law’
•how substantive criminal law differs from procedural or evidential law
•the definition of crime, and whether such definition is possible
•the principles and values that underpin the criminal law, and the functions of the criminal law
•the sources of the criminal law
•the process of the criminal justice system
•the basic principles of criminal liability.
1.1Introduction
Welcome to the criminal law!
In this text, we shall be taking an expedition through the criminal law of England and Wales. The criminal law is a vast and diverse subject and arguably one of the most popular foundations of a law degree. I often explain to my own students that the criminal law is ‘real life’, in that it is easy to identify situations where the criminal law is involved in some way. This may be compared with other areas of law, such as equity and trusts, which, although essential to an understanding of law, does not fix itself quite so easily in the minds of students.
In this text, you will learn about the core features of the substantive criminal law. We shall explore the necessary elements for a criminal offence to exist, the participants involved in the criminal process and the main criminal offences covered on an undergraduate criminal law syllabus.
1.2The purpose of this text
This text has been written to provide you with a clear and accurate account of the substantive criminal law in England and Wales. It is worth pausing here to consider why we refer in this book to the law of ‘England and Wales’ and not the ‘United Kingdom’. England is a constituent part of the ‘United Kingdom of Great Britain and Northern Ireland’, alongside Wales, Scotland and Northern Ireland. However, as a result of different traditions and devolution over the years, the legal system of the UK has diverged. Legally speaking, the UK is divided into three ‘constituent’ countries, each of which is subject to the laws of the UK; however, each constituent country possesses devolved powers allowing it to legislate in particular areas. This text concerns only the law of England and Wales and does not deal with Scots law or the law of Northern Ireland.
1.2.1 ‘Substantive criminal law’
The term ‘substantive criminal law’ is used here to distinguish it from the wider concept of the criminal law, incorporating criminal procedure and the law of evidence. Substantive criminal law refers to the criminal offences that exist in our legal system and the elements that must exist in order for an individual to be liable for those offences. The term ‘liability’ will feature throughout
