What is the A Level Criminal Law Curriculum

 This section focuses on the rules and general elements of criminal law, criminal liability, offences against the person, offences against property and defences. Students develop their understanding of criminal law, apply their legal knowledge to scenario-based situations, and gain a critical awareness of the present state of criminal law. The AQA and OCR specification are slightly different but they both cover the following topics.  

The first topic is the foundations of criminal law. The section is divided into two parts. The rules governing the Actus Reus (the guilty act) and the Mens rea (the guilty mind). Both elements are usually needed for someone to be guilty of a crime. 

1. Actus reus: 

• Conduct and consequence crimes
• Voluntary acts and omissions 
• Involuntariness 
• Causation 

2. Mens rea: 

• Intention 
• Subjective recklessness 
• Negligence 
• Strict liability 
• Transferred malice
• The coincidence of actus reus and mens rea

This section refers to criminal offences against people that do not result in death. The A   level curriculum covers a combination of common law offences (where the law has developed through precedent) and statutory offences (where the law can be found in an act of parliament). 

1.  Common assault: assault and battery under s39 Criminal Justice Act 1988

2. Assault  occasioning actual bodily harm (ABH) (S47 OAPA 1861)

3. Unlawful and malicious wounding or inflicting grievous bodily harm (S20 OAPA 1861)

4. Unlawful and malicious wounding or causing grievous bodily harm with intent to cause grievous bodily harm. (S18 OAPA 1861)

 This section refers to criminal offences against the person that results in death. The

A level curriculum  covers a combination of common law offences and statutory

offences. 

1. Common law offence of murder

2. Voluntary   manslaughter:

• Loss of control   (s54 Coroners and Justice Act 2009)
• Diminished responsibility (s2 Homicide Act 1957 as amended)

3. Common law offence of involuntary manslaughter:

• Unlawful act manslaughter
• Gross negligence manslaughter

As the name suggests this is offences that affect property instead of people. A   

level   students are expected to know these offences: 

1. Theft

2. Robbery (s8 Theft   Act 1968).

3. Burglary under   s9(1)(a) and s9(1)(b) Theft Act 1968 (OCR Only) 

 When a defendant has met the Actus Reus and Mens rea elements of an offence they will often be found guilty unless the defendant can present a valid defence. Mental capacity deferences are used when it is argued that there was something wrong with their state of mind at the time of the offence. The A level curriculum covers three of these offences. 

1. Insanity 

2. Automatism 

3. Intoxication  

General defences are a type of   excuse that the defendant can use to avoid 

liability for a crime. 

1. Self-defence

2. Prevention of a  crime (AQA only)

3. Duress by threats 

4. Duress of  circumstances 

5. Necessity (OCR only)

6. Consent (OCR only)