Chapter 1

Retributive Justice – a proportionate and appropriate response to the commission of a crime.

Mens rea – the guilty mind

Actus reus – the physical act of committing the criminal offence

The burden of proof – the prosecution must prove the defendant’s guilt.

The standard of proof - the prosecution must prove the defendant’s guilt, beyond all reasonable doubt.

Bail – a term whereby the defendant, after being charged, is released from custody pending his or her next court appearance.

Either way offences – a criminal offence which can be tried in either the crown court or the magistrates’ court.

Chapter 2

Intention – the highest form of mens rea.

Recklessness –a form of mens rea where the defendant takes an unjustified risk.

Negligence – a less common form of mens rea where the defendant’s conduct falls below the standard of the reasonable man. Negligence is more common in the civil law.

Strict liability – a type of criminal offence, often regulatory, where mens rea does not need to be proved in respect of at least on part of the actus reus.

Chapter 3

Automatism – where an involuntary act is conducted without any control of the mind.

Hypoglycaemic – low blood sugar level

Hyperglycaemia – high blood sugar level

Artificial nutrition and hydration – where artificial feeding and hydration is conducted intravenously, usually where a patient is unconscious.

Causation – the process by which a connection is made between the prohibited act and the result or consequences.

Novus actus interveniens – a new intervening act which breaks the chain of causation.

Chapter 4

Unlawful act manslaughter – an unlawful homicide committed without malice aforethought.

Gross negligence manslaughter – a criminal breach of a duty of care.

Chapter 5

Provocation – an act or words or a combination of both done or said by the victim to the defendant which causes the defendant to lose his or her self-control and kill the victim.

Diminished responsibility – a defence to murder where the defendant kills due an abnormality of the mind.

Chapter 6

Justificatory defence – The act committed is not unlawful, the action was justified in the circumstances.

Excusatory defence – There has been an unlawful act, but the defendant should be excused the normal sanctions.

Specific intent crime – A crime that can only be committed intentionally, such as murder.

Basic intent crime – A crime that can be committed with recklessness as the mens rea

Acquittal – Being cleared of a crime before the court.

Chapter 7

Summary offence – A minor offence that is tried before the magistrate’s court

Indictable offence – A serious offence that is tried before the crown court

Triable either way offence – An offence that can be tried either at the magistrate’s court or the crown court depending on the seriousness of the offence.  For instance theft can involve a chocolate bar or a million pounds.

Statutory Offence – An offence described under statute – for instance s47 of the Offences Against the Person Act 1861 defines Assault Occasioning Actual Bodily Harm.

Common Law Offence – An offence not listed in statute which usually has a long history in English law and is defined by case law precedent – for instance, murder.

Crown Prosecution Service (CPS) – The public body which brings prosecutions on behalf of the Crown.  The police used to investigate and prosecute crime until the CPS was set up in 1985.

Chapter 8

Accessory – someone who helps another to commit a crime, but does not participate in the crime itself

Rebuttable – An idea that can be disproven by evidence

Irrebuttable – An idea that cannot be disproven by evidence

Reasonable belief – A belief that could be shared by the reasonable man – for the jury to decide

Honest belief – A belief held by the defendant – this need not be reasonable

Chapter 9

Subjective – Based on the belief of the defendant

Objective – Based on the belief of the reasonable man – the jury

Immaterial – Of no relevance – something that can be discounted

Inter vivos – During a person’s lifetime

Valid gift  - A gift given be someone who has the mental capacity to dispose of their property

Chapter 10

Inchoate – Incomplete or just begun

Jurisprudence – Legal theory

Substantive offence – The offence on which an inchoate liability is based.  For instance, in attempted rape, the substantive offence is rape.

Repealed – Removed from the laws of England and Wales.