12. Drugs offences

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the main drugs offences found under the Misuse of Drugs Act 1971. It begins with a discussion of the offence of possession of a controlled drug, and examines the meaning of the terms ‘possession’ and ‘controlled drug’, before exploring defences to specific drug offences. It considers the offences of possession of a controlled drug with intention to supply that drug to another, production of controlled drugs, supply of controlled drugs, and the offence of an occupier or someone concerned in the management of premises knowingly permitting the premises to be used for certain drug-related activities. Finally, it explores proposals to criminalise the use of ‘legal highs’.

11. Fraud

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the offence of fraud under the Fraud Act 2006. There are three ways in which fraud may be committed. Section 2 of the Fraud Act 2006 provides for fraud by false representation; s.3 provides for fraud by failing to disclose information; and s.4 provides for fraud by abuse of a position of financial trust. Dishonesty is common to all three of these ways of committing fraud. The defendant must intend, by making the representation, to make a gain for himself or another, or to cause loss to another, or to expose another to a risk of loss.

10. Other offences against property

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores other offences against property such as robbery, burglary, aggravated burglary, blackmail, handling stolen goods, and criminal damage. The first four of these offences are found in the Theft Act 1968 and criminal damage is found in the Criminal Damage Act 1971. While these offences primarily seek to protect property or economic interests, some also provide protection to the well-being of the individual.

8. Sexual offences

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the main sexual offences, including rape, assault by penetration, sexual assault, and intentionally causing a person to engage in sexual activity. It considers the defence of consent in sexual offences and the statutory presumptions relating to consent. Finally, it explores sexual offences committed against children, including rape of a child under 13, assault of a child under 13 by penetration, sexual assault of a child under 13, and causing or inciting a child under 13 to engage in sexual activity. Sexual offences against children under 16 and other child sexual offences are also briefly mentioned.

7. Non-fatal offences against the person

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter first discusses the five main non-fatal offences against the person: assault (also referred to as ‘common assault’); battery; assault occasioning actual bodily harm; maliciously wounding or inflicting grievous bodily harm; and wounding or causing grievous bodily harm with intent. It also examines the defence of consent, and the two poisoning offences which are indictable only: maliciously administering poison or a noxious thing so as to endanger life or inflict grievous bodily harm under s.23 of the Offences Against the Person Act 1861; and maliciously administering poison or a noxious thing with intent to injure, aggrieve, or annoy, contrary to s.24 of the same Act.

4. Strict, vicarious, and corporate liability

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the three special forms of criminal liability: strict liability (including absolute liability), vicarious liability, and corporate liability. A strict liability offence is an offence which does not require proof of at least one mens rea element. An absolute liability offence does not require proof of any mens rea elements. Vicarious liability imposes liability on the defendant for the acts or omissions of another person. Corporate liability relates to the liability of a company for a criminal offence.

5. Murder and voluntary manslaughter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the elements of murder and the partial defences which reduce a defendant’s liability to voluntary manslaughter. Murder is a common law offence that is committed when a defendant unlawfully causes the death of a person with an intention to kill or cause grievous bodily harm (GBH). Where a defendant has both the actus reus and mens rea for murder, but also has one of three special, partial defences available to him, his liability for murder is reduced to that of manslaughter (voluntary manslaughter). Loss of control, diminished responsibility, suicide pact, and infanticide are also discussed.

9. Theft

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the offence of theft. There are five elements of the offence of theft. Three are actus reus elements: appropriation; property; and belonging to another. There are two mens rea elements: dishonesty and intention to permanently deprive. The prosecution must prove all five elements in order for a conviction of theft to be successful. If one of the elements is missing, any prosecution for theft will fail.

2. Actus reus

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the actus reus elements of a criminal offence. The actus reus of an offence may involve an act or omission (conduct crimes); certain consequences being caused (result crimes); or the existence of surrounding circumstances (‘state of affairs’ crimes); it must be voluntarily performed. There is generally no liability for an omission to act. There are five exceptions: special relationship, voluntary assumption of responsibility, supervening fault, contractual duty or public office, and statutory duty. Where the defendant is charged with a ‘result’ crime, the prosecution must prove causation. An intervening event will break the chain of causation and the actus reus will not be established.

1. Introduction to criminal law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter begins by addressing the question: What is a crime? It then discusses the difference between criminal law, the law of tort, and contract law; the function of criminal law; sources of criminal law; the classification of offences; the criminal justice process; the hierarchy of the criminal courts; the burden and standard of proof; and the elements of an offence.