Principles of Criminalisation

Principles of Criminalisation

Criminal law is, at heart, a practical application of liberal political philosophy" - Norrie, Crime, Reason and History, 2001, p. 10.

Largely based upon J.S. Mill's the harm principle.


 * Immorality of the behaviour
 * Harmfulness of the behaviour
 * Offensiveness of the behaviour
 * Lack of alternative methods of preventing or dealing with the behaviour.
 * The ability of the state to enforce the criminal law against the behaviour
 * The rights of those affected by the behaviour v. the rights of those engaging in it.

Since the introduction of the Human Rights Act, 1998, the legislators must consider prospective laws compatibility with the act.


 * 1) Fair labelling: manslaugher?
 * 2) Fair warning: you must know it's a crime (R. v Crowne).
 * 3) the need for certainty in the criminal law: Purdy was asking for clarity in the Suicide Act, 1961.

Sources of Criminal Law
There are three main souces of the English Criminal Law:


 * 1) A lot of the old crimes (murder, manslaughter, ex-blasphamy) were created at criminal law by the judges and courts, although judges can't do that anymore.
 * 2) Mainly from statutes.
 * 3) Important to consider the judges' and courts' interpreation of crimes in the case law.

Proposals for new crimes
Sources:


 * The Government of the day - in particular the Home Office (HoRT).
 * International Treaties - entered into by the UK which may contain an agreement to enact domestic legislation.
 * The Law Commission for Enland & Wales (1966): public body specifically charged with the task of keeping the law under review. Over the last decade has been particularly active in producing Consultation papers and Final Reports on aspects of the criminal law. Currently want to see Homocide reformed with 1st and 2n degree manslaughter.
 * Campaigning Groups: NGOs such as Justice, Liberty, etc...
 * Legal Academic.