Sources Of Criminal Law In The Uk
Sources of Criminal Law in the UK: Detailed Explanation with Case Law
Criminal law in the UK is derived from several key sources:
Statute Law (Legislation)
Common Law (Judge-Made Law)
European Union Law (historically significant, though now limited)
European Convention on Human Rights (ECHR)
Delegated Legislation
Custom and Usage (rare in criminal law)
1. Statute Law
Statutes are laws passed by the UK Parliament or devolved legislatures. Most criminal offences are codified in statutes.
Case 1: R v. R (1991) AC 599
Issue: Marital rape exemption.
Facts: The defendant argued that rape within marriage was not an offence based on old common law.
Judgment: The House of Lords (now Supreme Court) held that the marital rape exemption was abolished by statute law developments and changing social attitudes.
Significance: Showed how statutes and evolving legislation override old common law rules.
2. Common Law
Many crimes and principles have developed from judicial decisions. Common law offences like murder, manslaughter, and robbery remain significant.
Case 2: R v. Cunningham (1957) 2 QB 396
Issue: Mens rea (mental element) in criminal damage.
Facts: Defendant broke a gas meter causing gas leak; charged with “maliciously” causing harm.
Judgment: The Court of Appeal defined “maliciously” as either intention or recklessness.
Significance: Established common law interpretation of mens rea, fundamental to many criminal offences.
3. European Union Law
Before Brexit, EU law influenced UK criminal law, especially in areas like data protection and competition.
Case 3: R (HS2 Action Alliance Ltd) v. Secretary of State for Transport [2014] UKSC 3
Issue: EU law and national law interaction.
Facts: Challenged HS2 railway project partly on EU environmental directives.
Judgment: Supreme Court recognized EU law supremacy but affirmed Parliament’s ultimate authority.
Significance: Highlighted how EU law impacted UK law before Brexit, including criminal procedural safeguards.
4. European Convention on Human Rights (ECHR)
ECHR rights influence criminal law, especially fair trial rights under Article 6.
Case 4: R v. A (No 2) [2001] UKHL 25
Issue: Admissibility of evidence under fair trial rights.
Facts: Concerned whether evidence of complainant’s sexual history could be admitted.
Judgment: The House of Lords ruled that evidence could be admitted if exclusion would contravene the defendant’s right to a fair trial under Article 6.
Significance: Showed ECHR’s influence on criminal procedure and evidence law.
5. Delegated Legislation
Parliament often delegates law-making power to ministers or agencies, producing regulations with criminal effect.
Case 5: R (on the application of Public Law Project) v. Lord Chancellor [2016] UKSC 39
Issue: Legality of delegated legislation limiting access to justice.
Facts: Challenged fees imposed on tribunal claims, affecting criminal appeals.
Judgment: Supreme Court held some delegated legislation unlawful if it impeded access to justice.
Significance: Emphasized limits on delegated legislation affecting criminal rights.
6. Custom and Usage
While largely replaced by statute and common law, some criminal law principles originate from custom, particularly in historical or niche contexts.
Summary Table of Sources and Case Law
| Source | Description | Illustrative Case | Key Point |
|---|---|---|---|
| Statute Law | Laws passed by Parliament | R v. R (1991) | Statutes can abolish old common law rules |
| Common Law | Judge-made law from judicial decisions | R v. Cunningham (1957) | Defines mens rea concepts |
| EU Law | Previously influenced criminal law | HS2 Action Alliance (2014) | Interaction of EU and UK law |
| ECHR | Human rights impacting criminal law | R v. A (No 2) (2001) | Fair trial rights under Article 6 |
| Delegated Legislation | Regulations with criminal effect | Public Law Project (2016) | Limits on delegated powers |
| Custom and Usage | Traditional unwritten practices | Rare in modern criminal law | Historical foundation of some offences |
Conclusion
UK criminal law is primarily a blend of statute and common law, with significant influences from human rights and formerly EU law. Supreme Court cases demonstrate how these sources interact to define offences, procedures, and rights, ensuring the law evolves with society’s values and legal principles.
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