English criminal law in the context of "Actus reus"

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⭐ Core Definition: English criminal law

English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly-funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal.

There is no English Criminal Code though such an instrument has been often recommended and attempted. Criminal offences are set out in disparate legislative provisions and in common law. The fundamentals of a crime are a guilty act (or actus reus) and a guilty mental state (or mens rea). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road traffic, environmental damage, financial services and corporations, create strict liability that can be proven simply by the guilty act.

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English criminal law in the context of English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system.

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English criminal law in the context of Duress in English law

Duress in English law is a complete common law defence, operating in favour of those who commit crimes because they are forced or compelled to do so by the circumstances, or the threats of another. The doctrine arises not only in criminal law but also in civil law, where it is relevant to contract law and trusts law.

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English criminal law in the context of English tort law

English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil law, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations.

In English law, torts like other civil cases are generally tried in front a judge without a jury.

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English criminal law in the context of Penal laws against the Welsh

The penal laws against the Welsh (Welsh: Deddfau Penyd) were a set of laws passed by the Parliament of England in 1401 and 1402 that discriminated against the Welsh people as a response to the Glyndŵr rebellion of Owain Glyndŵr, which began in 1400.

Cumulatively, the laws prohibited the Welsh from obtaining senior public office, bearing arms or purchase property in English boroughs. Public assembly was forbidden, and Englishmen who married Welsh women were also prevented from holding office in Wales.

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English criminal law in the context of Oxford circuit

The assizes (/əˈszɪz/), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both civil and criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, most notably those subject to capital punishment or, later, life imprisonment. Other serious cases were dealt with by the quarter sessions (local county courts held four times per year), while the more minor offences were dealt with summarily by justices of the peace in petty sessions (also known as magistrates' courts).

The word assize refers to the sittings or sessions (Old French assises) of the judges, known as "justices of assize", who were judges who travelled across the seven circuits of England and Wales on commissions of "oyer and terminer", setting up court and summoning juries at the various assize towns.

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English criminal law in the context of Grievous bodily harm

Assault occasioning grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent", whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm".

The offence is also known in Canada, as the most severe gradation of assault. It is a tradition handed down since at least 1879. It shows up in 10 U.S.C. § 920(g)(4), which deals with "rape and sexual assault generally".

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