CILEx Level 6 Unit 03 Criminal Law
CILEx Level 6 Unit 03 Criminal Law - £540
This is a course set at the equivalent to honours-degree level and will give you an in-depth knowledge of the law.
Who is the course for?
The course is for:
- Associate Members of CILEx using this course as one of their three Level 6 law units to achieve Graduate Membership of CILEx
- any Graduate Member of CILEx or Chartered Legal Executive wishing to fulfil the Solicitors Regulation Authority's academic stage of training
- any paralegal working in a criminal litigation department in a law firm who seeks honours-degree knowledge of criminal law.
- any qualified legal practitioner returning after a caeer break who wishes to refresh knowledge of Criminal Law.
We recommend that you should also study CILEx Level 6 Unit 18 Criminal Litigation to learn how to apply your knowledge. We also offer CILEx Level 3 Unit 3 Criminal Law which delivers a good grounding in criminal law and will be more appropriate if you have not studied law before.
What qualification will I get?
Success in the course will lead to the award of an ILEX Level 6 Single Subject Certificate in Criminal Law which is a standalone qualification but can also contribute to the ICILEx Level 6 Professional Higher Diploma in Law and Practice.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below . You can also view sample pages from the course manual.
Chapter 1: Fundamental Principles of Criminal Liability 1: Actus Reus
1.1 Introduction
1.2 Conduct
1.2.1 Omissions
1.2.1.1 Statutory offences and omissions
1.2.1.2 Common law offences and omission
1.2.1.3 Categories of duty of care
1.2.1.4 Duty of care and illegality
1.2.2 Voluntary conduct
1.3 Result crimes v conduct crimes
1.3.1 Factual causation – the “but for” principle
1.3.2 Legal causation
1.3.2.1 A culpable act of the defendant must cause the result
1.3.2.2 D’s conduct must have more than a minimal effect in bringing about the result
1.3.2.3 The chain of causation will be broken by a “new intervening act” (novus actus interveniens)
1.3.2.4 The sequence/manner of events does not affect legal causation from being established
1.3.2.5 Pollution cases
1.4 Surrounding circumstances
1.5 Coincidence of actus reus and mens rea
1.5.1 Sometimes the AR precedes the MR
1.5.2 Sometimes the MR precedes the AR
1.6 Summary
Chapter 2: Fundamental Principles of Criminal Liability 2: Mens Rea
2.1 Introduction
2.2 Intention
2.2.1 Direct and indirect intention
2.2.1.1 Direct intention: aim or purpose
2.2.1.2 Indirect intention: foresight of a virtual certainty
2.3 Recklessness
2.3.1 Development of the law: subjective recklessness
2.3.2 Development of the law: objective recklessness
2.3.3 The Caldwell “lacuna”
2.3.4 G and Another [2003]: the return to a subjective test
2.4 Negligence
2.5 Other aspects of mens rea
2.5.1 Doctrine of transferred malice
2.5.2 Crimes of ulterior, basic and specific intent
2.5.2.1 Crimes of ulterior intent
2.5.2.2 Crimes of basic and specific intent
2.6 Strict liability
2.6.1 The meaning of “strict liability”
2.6.2 Establishing strict liability
2.6.2.1 Common law offences
2.6.2.2 Statutory offences
2.6.3 The current approach to strict liability
2.6.4 Reform
2.7 Summary
PART 2: OFFENCES AGAINST THE PERSON
Chapter 3: Murder
3.1 Introduction
3.2 Murder
3.2.1 The actus reus of murder
3.2.1.1 Unlawful
3.2.1.2 Killing and causation
3.2.1.3 Human being
3.2.1.4 Within the Queen’s peace
3.2.2 The mens rea of murder
3.2.3 Reform
3.3 Summary
Chapter 4: Voluntary Manslaughter
4.1 Introduction
4.2 Provocation and loss of control
4.2.1 The partial defence of provocation
4.2.2 The new partial defence of loss of control
4.2.2.1 There was a qualifying trigger
4.2.2.2 This caused D to lose self-control
4.2.2.3 This led to an act or omission resulting in D killing or being party to a killing
4.2.2.4 A person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way
4.2.2.5 D did not act in a considered desire for revenge
4.3 Diminished responsibility
4.3.1 Recognised medical condition (s2(1)(a))
4.3.2 Which caused D to suffer an abnormality of mental functioning (s2(1))
4.3.3 Which substantially impaired D’s ability to do one or more of the things mentioned in s2(1A) (s2(1)(b))
4.3.4 The abnormality of mental functioning provides an explanation for D’s acts and omissions in doing or being a party to the killing (s2(1)(c))
4.4 Summary
Chapter 5: Involuntary Manslaughter
5.1 Introduction
5.2 Gross negligence manslaughter
5.2.1 The actus reus
5.2.1.1 D owed a duty of care
5.2.1.2 D breached this duty of care
5.2.1.3 The negligence was gross
5.2.1.4 D’s negligence caused V’s death
5.2.2 The mens rea
5.3 Unlawful and dangerous act manslaughter
5.3.1 The actus reus
5.3.1.1 D does an unlawful act
5.3.1.2 The act amounts to a crime
5.3.1.3 The unlawful act must be a dangerous act
5.3.1.4 The act results in death
5.3.2 The mens rea
5.3.3 The relationship between gross negligence manslaughter and unlawful and dangerous act manslaughter
5.4 Subjectively reckless manslaughter
5.4.1 The actus reus
5.4.2 The mens rea
5.5 Proposals for reform of the law of homicide
5.5.1 First degree murder
5.5.2 Second degree murder
5.5.3 Manslaughter
5.5.4 Other proposals in the 2006 report
5.6 Summary
Chapter 6: Non-fatal Offences Against the Person
6.1 Introduction
6.2 Assault and battery
6.2.1 Battery
6.2.1.1 The actus reus of battery
6.2.1.2 The mens rea of battery
6.2.2 Assault
6.2.2.1 The actus reus of assault
6.2.2.2 The mens rea of assault
6.3 Assault occasioning actual bodily harm
6.3.1 The actus reus
6.3.1.1 D commited an assault or battery
6.3.1.2 V suffered actual bodily harm
6.3.1.3 The assault or battery occasioned the actual bodily harm
6.3.2 The mens rea
6.4 Wounding and causing grievous bodily harm with intent
6.4.1 The actus reus
6.4.1.1 There was unlawful conduct on the part of D (by any means)
6.4.1.2 A person suffered a wound and/or grievous bodily harm
6.4.1.3 D’s conduct caused the wound and/or grievous bodily harm
6.4.2 The mens rea
6.4.2.1 The result was maliciously caused
6.4.2.2 The ulterior intention
6.5 Wounding and inflicting grievous bodily harm without intent
6.5.1 The actus reus
6.5.1.1 There was unlawful conduct on the part of D
6.5.1.2 Another person suffered a wound or grievous bodily harm
6.5.1.3 D’s conduct caused the wound/inflicted grievous bodily harm
6.5.2 The mens rea
6.6 Consent in relation to offences against the person
6.6.1 The offence and situation were those where consent is allowed to operate as a defence
6.6.1.1 The general rule
6.6.1.2 The “public interest” exceptions to the general rule
6.6.1.3 Where consent is not a defence
6.6.2 Capacity to consent
6.6.3 Consent must have been given
6.6.4 Consent will be ineffective if induced by fraud
6.6.4.1 Fraud as to nature
6.6.4.2 Fraud as to identity
6.6.4.3 Fraud as to quality/purpose and health status
6.6.4.4 Consent must be freely given
6.7 Summary
PART 3: OFFENCES AGAINST PROPERTY
Chapter 7: Theft
7.1 Introduction
7.2 Theft
7.2.1 The actus reus
7.2.1.1 Appropriation
7.2.1.2 Property
7.2.1.3 Belonging to another
7.2.2 The mens rea
7.2.2.1 Dishonesty
7.2.2.2 Intention permanently to deprive
7.3 Summary
Chapter 8: Burglary, Fraud and Related Offences
8.1 Introduction
8.2 Burglary committed contrary to s9(1)(a) TA 1968
8.2.1 The actus reus
8.2.2 The mens rea
8.3 Burglary committed contrary to s9(1)(b) TA 1968
8.3.1 The actus reus
8.3.2 The mens rea
8.3.3 Relationship between s9(1)(a) and s9(1)(b) burglary
8.3.4 Aggravated burglary
8.4 Offences under the Fraud Act 2006
8.5 Fraud
8.5.1 Fraud by false representation
8.5.1.1 The actus reus
8.5.1.2 Differences between the actus reus of s2 and the actus reus of the former deception offences
8.5.1.3 The mens rea
8.5.2 Fraud by failing to disclose information
8.5.2.1 The actus reus
8.5.2.2 The mens rea
8.5.3 Fraud by abuse of position
8.5.3.1 The actus reus
8.5.3.2 The mens rea
8.6 Obtaining services dishonestly
8.6.1 The actus reus
8.6.1.1 By any act
8.6.1.2 Obtains services
8.6.1.3 For himself or another
8.6.1.4 The services are made available on a certain basis
8.6.1.5 D obtained the services without paying or paying in full
8.6.2 The mens rea
8.6.2.1 D’s act must be dishonest
8.6.2.2 D knows the services are made available on a certain basis
8.7 Making off without payment
8.8 Summary
Chapter 9: Criminal Damage
9.1 Introduction
9.2 The basic offence
9.2.1 The actus reus
9.2.1.1 Property
9.2.1.2 Belonging to another
9.2.1.3 D’s conduct
9.2.1.4 Destroys or damages
9.2.1.5 Without lawful excuse
9.2.2 The mens rea
9.2.2.1 Intend to destroy or damage property, or be reckless to this
9.2.2.2 Know or be reckless to the fact that the damage or destruction is to property belonging to another
9.3 The aggravated offence
9.3.1 The actus reus
9.3.2 The mens rea
9.3.2.1 Intend by the criminal damage to endanger life or be reckless to this
9.4 Arson
9.4.1 The actus reus
9.4.2 The mens rea
9.5 Summary
PART 4: GENERAL DEFENCES
Chapter 10: Defences Affecting Mens Rea
10.1 Introduction
10.2 Insanity
10.2.1 Insanity at the time of the commission of the offence
10.2.1.1 The test for insanity: the M’Naghten Rules [1843]
10.3 Automatism
10.3.1 An external factor
10.3.2 Results in involuntary conduct by D
10.3.2.1 Where D is conscious
10.3.2.2 Where D is unconscious or in a state of impaired consciousness
10.3.3 D is not at fault
10.3.3.1 D voluntarily consumes alcohol or dangerous drugs
10.3.3.2 D voluntarily consumes medicinal drugs
10.4 Intoxication
10.4.1 Voluntary intoxication : the Majewski rule
10.4.2 D must lack MR of the offence
10.4.3 The Majewski rule: crimes of basic and specific intent
10.4.3.1 Crimes of specific intent
10.4.3.2 Crimes of basic intent
10.4.3.3 Involuntary intoxication
10.5 Self-induced intoxication and other defences
10.6 Infancy
10.6.1 Children under 10
10.6.2 Children 10–13 (inclusive)
10.7 Proposals for reform
10.8 Summary
Chapter 11: Defences of Justification and Compulsion
11.1 Introduction
11.2 Necessity, duress by threats and duress by circumstances
11.2.1 Necessity
11.2.1.1 D commits the offence in order to avoid inevitable and irreparable evil
11.2.1.2 No more is done than is necessary to avoid this evil
11.2.1.3 The evil inflicted is proportionate to the evil avoided
11.2.1.4 The offence is one that attracts the defence
11.2.2 Duress by threats
11.2.2.1 The subjective element
11.2.2.2 The threat is either to himself, a member of his family or someone he reasonably regards himself responsible for
11.2.2.3 Immediacy
11.2.2.4 The objective element
11.2.2.5 The limitations of duress
11.2.3 Duress by circumstances
11.2.3.1 D must fear death or serious physical injury as a result of threatening circumstances
11.2.3.2 D must only do what is reasonably necessary to avoid the threat
11.2.3.3 The objective test is the same as for duress by threats
11.2.3.4 D does not voluntarily assume the risk
11.3 Private and public defence
11.3.1 D’s use or threat of force was necessary, or D mistakenly believed that it was necessary
11.3.1.1 A drunken mistake is no defence
11.3.2 D’s use or threat of force must be necessary to repel imminent attack or to prevent a crime, or effect or assist lawful arrest
11.3.2.1 In order to prevent a crime or effect or assist lawful arrest
11.3.2.2 The amount of force must be reasonable in the actual circumstances, or in the circumstances that D mistakenly believed to exist
11.3.2.3 The amount of force must not be excessive
11.3.3 Self-defence and human rights arguments
11.4 Mistake
11.4.1 Mistake of fact: actus reus or justificatory defences
11.4.2 Mistake as to an excusatory claim
11.4.3 Mistakes of law
11.5 Summary
Chapter 12: Inchoate Offences
12.1 Introduction
12.2 Conspiracy
12.2.1 Introduction
12.2.2 Statutory conspiracy
12.2.2.1 The actus reus
12.2.2.2 The mens rea
12.2.2.3 Conspiracy and impossibility
12.2.2.4 Other aspects of conspiracy
12.2.3 Common law conspiracy
12.2.3.1 Conspiracy to defraud
12.2.3.2 Conspiracy to corrupt public morals or outrage public decency
12.3 Attempt
12.3.1 The actus reus
12.3.1.1 D does an act
12.3.1.2 Which is more than merely preparatory to the commission of the offence
12.3.2 The mens rea
12.3.2.1 D intended to commit the offence
12.3.3 Attempt and impossibility
12.4 Reform of inchoate offences
12.4.1 Conspiracy
12.4.2 Attempted offences
Chapter 13: Participation in Crime
13.1 Introduction
13.2 The principal
13.3 The secondary participant
13.3.1 The actus reus
13.3.1.1 Aiding
13.3.1.2 Abetting
13.3.1.3 Counselling
13.3.1.4 Procuring
13.3.1.5 The act of secondary participation must occur before or while the offence is being committed, not afterwards
13.3.2 The mens rea
13.3.2.1 D must intend to do the assisting or encouraging act
13.3.2.2 D must know his act is capable of assisting or encouraging the commission of the offence
13.3.3 Joint enterprise
13.3.4 Withdrawal by a secondary party
13.3.4.1 Withdrawal in cases of joint enterprise
13.3.4.2 Withdrawal in cases of spontaneous involvement
13.3.5 Victims as parties to crime
13.4 Secondary participation and inchoate offences
13.5 Charging the offenders
13.6 Conviction of secondary party and acquittal of principal
13.7 Secondary participation and agent provocateurs
13.8 Reform
13.9 Summary
Application
Download: CILEx courses application form 2011-12.pdf
Apply on-line through the course shop.