PRINCIPLES OF CRIMINAL LAW

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Isha

Cards (5)

  • Fault in a legal sense is some form of wrongdoing. This is described as an offence in criminal law or being negligent in the civil law of tort
  • Fault is the term used to convey the idea of blameworthiness. The person at fault usually has legal responsibility.
  • A person should not be held liable for a criminal offence unless they are, to some extent, blameworthy or at fault
  • Innocent until proven guilty - a defendant is presumed to be not guilty until the court makes a verdict of guilty. Guilt can only be established by the prosecution providing evidence that all the elements of the crime with which the defendant are charged are present.
  • The evidence collected by the prosecution is subject to the defendant having the right to remain silent. The defendant doesn't have to incriminate himself while being questioned by the police who must obtain evidence in accordance with the Police and Criminal Evidence Act 1984.