Criminal Law

What is criminal law?

Criminal law is the term that is used to describe the rules and legislation that govern what a crime is and how it is managed. It covers matters such as:

• Investigation
• Prosecution
• Sentencing

This section of the law deals with any criminal activity that causes harm to the general public.

What is a criminal conviction?

A criminal conviction is what you will receive once you have been found guilty or pled guilty to an offence. Following this, the court will need to dispose of that conviction which means that you will be sentenced accordingly for the crime committed for example:

• A prison sentence
• A fine
• A conditional discharge

A reprimand, a final warning and a caution are not criminal convictions.

What is a criminal offence?

A criminal offence is an act or a mission with the necessary state of mind; to be found guilty of a crime a trial must prove that a defendant intended to act in the way that they did. Here are some examples of criminal offences:

• Road traffic offences:
• Speeding
• Drink driving
• Careless driving
• Failure to stop
• Failure to give information
• Assault and violence offences:
• Domestic violence
• Sexual harassment
• Pub fights
• Road rage
• Theft:
• Shoplifting
• Theft from an employer
• Obtaining money or property by deception
• Fraud:
• Benefit fraud
• Participating in fraudulent business
• Banking and insurance fraud
• Revenue fraud (against HM Revenue and customs)
• Criminal damage:
• Property damage
• Damage to possessions belonging to others
• Damages made to transport which would lead to harm to others

What is a criminal record?

A criminal record is a record of your criminal history including:

• Reprimands
• Final warnings
• Cautions
• Convictions

If you have been offered a Police Caution as an alternative to prosecution and you accepted then this would count as a criminal conviction. This is a reason why, unless a conviction is a certainty, you should not agree to accept a caution.

When does a person become criminally responsible?

If a person is 10 years old or above, they have criminal responsibility. If a child aged 10 or over commits a serious crime, there is likely to be a police investigation and possible criminal charges.

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