Legal Aid Criminal legal aid is an important part of the criminal justice system. It helps make sure that a person accused of a crime can access legal advice and representation even if they cannot afford to pay for a solicitor themselves. What is Criminal Legal Aid? Criminal legal aid is public funding that helps pay for legal advice and representation in criminal cases. The Legal Aid Agency (LAA) administers criminal legal aid and contracts with solicitors and law firms to p

Role of a jury One of the most well known features of the English legal system is the jury. Juries have been used for centuries and remain an important part of the criminal justice system today. They ensure that ordinary members of the public play a direct role in deciding whether someone accused of a crime is guilty or not guilty. This blog will explain the role of a jury throughout a criminal trial. A jury is only used in the Crown Court, which deals with the most serious c

Mens Rea To be found guilty of most criminal offences, the defendant must normally have both the actus reus and the mens rea of the offence. Actus reus means the guilty act. Mens rea means the guilty mind. Mens rea can therefore be defined as the mental or fault element of the crime. It helps the court decide whether the defendant was sufficiently blameworthy to be convicted. The main forms of mens rea are: Intention Subjective recklessness Negligence There are also offences

Economic Loss What is Economic Loss? Economic loss is a type of loss that can be claimed in negligence. Economic loss refers to a purely financial loss that has been suffered by a person or business. For example, a business may lose profits because of an incident, or a person may lose income because they are unable to work. However, the courts do not automatically allow a claimant to recover financial losses. The law makes an important distinction between consequential econom

The Development of A Duty of Care Before a claimant can succeed in a negligence claim, they must prove that the defendant owed them a duty of care. A duty of care is a legal relationship between the claimant and defendant which means that the defendant is required to take reasonable care to avoid causing foreseeable harm to the claimant. The law relating to duty of care has developed significantly over time. Originally, there was no general duty of care owed to everyone. Inst

Psychiatric Harm Psychiatric Harm in Negligence Psychiatric harm is an area of negligence that can be difficult to understand because the courts treat different types of claimants in different ways. In some situations, a person may claim as they have suffered psychiatric harm because of the defendant’s negligence, even if they have not suffered a physical injury. However, not every emotional reaction will result in a successful claim. The law places limits upon who can claim

Vicarious Liability Vicarious liability is an important principle within Tort Law that allows one person or organisation to be held liable for the torts committed by another. Most commonly, an employer for the actions of an employee. Vicarious liability applies when the two elements are satisfied. (Barclays Bank plc v Various Claimants, 2020): 1. There is a relationship of employment or akin to employment making it proper for the law to enforce liability, and; 2.

Intro to Tort Law What Is Tort Law? The word tort comes from an old French word meaning wrong. Tort law is an area of civil law that deals with situations where one person has suffered harm or loss because of another person's actions or failure to act. For example, A driver is using their phone while driving and crashes into another person's car. The driver may have acted negligently. If the other person's car is damaged, the person may be able to bring a claim against the dr

The aims of sentencing The Aims of Sentencing in English Law When a person is found guilty of a criminal offence, the judge or magistrate must decide on an appropriate sentence. Before the magistrates or judges can choose a punishment, they first must consider what they are trying to achieve through that sentence. Sentencing is not simply about punishing someone; it is also about protecting society, reducing crime, helping offenders change their behaviour, and supporting vict

Loss of Control Explained Loss of control is a partial defence to murder, here the law is recognising that the defendant has killed the victim but they are not fully liable for murder as they have acted out of a loss of control. The law therefore provides a partial defence to murder in these circumstances and if the defence is successful, the conviction is reduced to voluntary manslaughter (loss of control). This is important because it removes the mandatory life sentence and

Intoxication Intoxication is a partial defence within criminal law, it provides a defence when the defendant was unable to form the mens rea for the crime as their state of mind was affected by an intoxicating substance such as: alcohol illegal drugs solvents prescribed medication spiked drinks The rules of this defence and availability, are quite strict this is because the courts do not want people to escape liability just because they were under the influence of

The Law of Murder Explained Murder is arguably one of the most serious offences in English criminal law. It is a common law offence, this means that it has been developed over time through court decisions rather than being fully written in to legislation. Over time, judges have shaped the offence so that it can apply to a wide range of real-life situations. The common law definition of murder comes from Lord Coke, who described it as “the unlawful killing of a reasonable crea

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Ultra Vires Delegated legislation plays a very important role in the UK legal system. It allows individuals or bodies other than Parliament to make law using powers granted to them in an Enabling Act (also known as a Parent Act). Whilst this system allows laws to be made quickly and by people with specialist knowledge, it also raises an important constitutional issue in the fact that delegated legislation is created by unelected individuals. Due to this, delegated legislation

Role of Barristers Barristers are specialist legal professionals who primarily represent clients in court. The role of a barrister can be interesting and varied. They are experts in advocacy, which means that they represent their clients in court by presenting legal arguments and evidence in front of a judge and sometimes a jury. Barristers play a key role in the justice system in England and Wales, particularly in more serious or complex cases heard in higher courts such as

Role of a Judge

Criminal Liability for Omissions To be guilty of a criminal offence under UK law, a defendant must usually have both the actus reus and the mens rea of the criminal offence. The actus reus is the guilty act, and the mens rea is the guilty mind. If both elements are present at the same time, then the defendant can be found guilty and punished under criminal law. When establishing actus reus, it is normally required that the defendant has committed a positive and voluntary act.

Advantages and Disadvantages of the Purposive Rule In our previous blog post we explored the different rules that are used by judges to interpret the words or phrases of an Act of Parliament. You can access this blog here. Within this blog we are going to delve further into the rules of statutory interpretation and evaluate the use of the purposive rule. We will explore the advantages and disadvantages of the purposive rule in detail. You can access the evaluation of each o

Advantages and disadvantages of the mischief rule In our previous blog post we explored the different rules that are used by judges to interpret the words or phrases of an Act of Parliament. You can access this blog here. Within this blog we are going to delve further into the rules of statutory interpretation and evaluate the use of the mischief rule. We will explore the advantages and disadvantages of the mischief rule in detail. You can access the evaluation of each of t

Advantages and Disadvantages of the Golden Rule In our previous blog posts we have explored the different rules that are used by judges to interpret the words or phrases of an Act of Parliament. You can access this blog here. Within this blog we are going to delve further into the rules of statutory interpretation and evaluate the use of the golden rule. We will explore the advantages and disadvantages of the golden rule in detail. You can access the evaluation of each of t