top of page

Common Questions and Answers 

Below are common questions and answers to address your criminal law needs.

Police Powers and Arrest

When can the police arrest someone?
 

Under Section 24 of the Police and Criminal Evidence Act 1984 (PACE), the police can arrest someone if they have reasonable grounds to suspect the person is committing, has committed, or is about to commit an offence. The arrest must also be necessary (e.g., to prevent harm or ensure attendance at court).

 

 Can the police search someone without arresting them?
Yes, under Section 1 of PACE, the police can conduct a stop-and-search if they have reasonable grounds to suspect someone is carrying stolen or prohibited items (e.g., drugs, weapons).

or under Section 23 MDA when searching for drugs 

​

What are my rights in police custody?
 

  • The right to free legal advice.

  • The right to have someone informed of your arrest.

  • The right to view the Codes of Practice for police powers.

  • You must be released within 24 hours unless charged or an extension is granted.

Zayd Ahmed

A Barrister with all the answers to your legal questions 

What are the main categories of offences?
 

  1. Summary offences: Minor offences heard in the Magistrates’ Court (e.g., driving offences).

  2. Either-way offences: Can be heard in either the Magistrates’ Court or Crown Court depending on the seriousness (e.g., theft).

  3. Indictable offences: Serious offences heard in the Crown Court (e.g., murder).

 

What is a strict liability offence?
These are offences that do not require proof of mens rea. It is enough to show the actus reus occurred (e.g., traffic offences).

​

Defences in Criminal Law

What are common defences to a criminal charge?
 

  • Self-defence: Acting to protect oneself or another, provided the force used was reasonable.

  • Insanity: The defendant lacked the capacity to understand their actions due to a mental condition.

  • Duress: The defendant was forced to commit the crime under threat of harm.

  • Mistake: A genuine mistake that negates mens rea (e.g., mistaking someone else's property as your own).

 

Can intoxication be a defence?
Voluntary intoxication is rarely a defence but may be relevant to crimes requiring specific intent. Involuntary intoxication might be a defence if it negates mens rea.

Zayd Ahmed

A Barrister with all the answers to your legal questions 

General Principles of Criminal Law

What is the difference between a crime and a civil wrong?

A crime is a wrongful act punishable by the state, usually involving a breach of public law or morals (e.g., theft, assault). A civil wrong, such as a breach of contract or negligence, usually involves disputes between individuals or organizations and leads to compensation rather than punishment.

​

What is mens rea and actus reus?

  • Mens rea refers to the mental element of a crime (e.g., intention or recklessness).

  • Actus reus refers to the physical act or omission that constitutes the crime.
    Both must generally be present for an individual to be found guilty.

 

What is the burden of proof in criminal cases?
The prosecution must prove the defendant’s guilt beyond reasonable doubt. This high standard ensures fairness to the accused.

GOT MORE QUESTIONS 

Contact Zayd at Zayd@Zayd-legal.co.uk if you have a query which you need answering.

bottom of page