Criminal Law Assignment Brief 2026
| Qualification | OTHM Level 4 Diploma in Law (610/1969/0) |
| Unit Reference Number | J/650/4970 |
| Unit Title | Criminal Law |
| Unit Level | 4 |
| Number of Credits | 20 |
| Total Qualification Time (TQT) | 200 hours |
| Guided Learning Hours (GLH) | 100 hours |
| Mandatory / Optional | Mandatory |
| Sector Subject Area (SSA) | 15.5 Law and legal services |
| Unit Grading Structure | Pass/Fail |
Unit Aims
This unit aims to provide learners with knowledge on the fundamental requirements of actus reus and mens rea within any criminal conviction. The unit will also consider the common law and statutory governance of violent crimes and non- violent crimes. Learners will be informed on potential capacity and necessity defences to criminal conduct, and the reasoned applicability of these defences.
Learning Outcomes, Assessment Criteria and Indicative Content
| Learning Outcomes – The learner will: | Assessment Criteria – The learner can: | Indicative content |
| 1. Understand the actus reus and mens rea requirements of criminal offences. | 1.1 Explain the nature of criminal conduct. 1.2 Define the requirement of acts reus. 1.3 Define the requirements of mens rea. 1.4 Assess the relationship between acts reus and mens rea. |
● Criminal conduct as an act against the state ● The presumption of innocence and the standard of proof in a criminal court ● Both acts reus and mens rea must be proven beyond a reasonable doubt for any criminal conviction ● Acts reus- guilty act; all the elements of the offence other than the mens rea. ● Acts reus- voluntary and involuntary acts, liability for omissions where a legal duty of care exists ● Actus reus- factual and legal causation, novus actus interveniens, third party breaks in chain of causation ● Mens rea, guilty mind- the defendant must intend the consequences of his act, intention requires a high degree of fault to be proven. ● Foresight of virtual certainty ● Transferred mens area, transferred malice, subjective recklessness, negligence and gross negligence, coincidence of actus reus and mens rea ● Specific intent offences- intention is the mens rea. ● Basic intent offences- mens rea can be proven by recklessness. ● Strict liability offences as an exception to the actus reus and mens rea requirements ● Strict liability where the court will, and will not, presume mens rea |
| 2. Understand the classification of violent offences and non-violent offences. | 2.1 Explain common law offences against the person. 2.2 Describe fatal statutory offences against the person. 2.3 Explain offences of assault and battery. 2.4 Describe non-violent offences. |
● Common law offence of murder ● The offence of manslaughter, constructive manslaughter, gross negligence manslaughter, subjective recklessness manslaughter ● Voluntary and involuntary manslaughter ● Unlawful act manslaughter ● Common law assault and battery occasioning actual bodily harm ● Offences Against the Person Act 1861, assault and battery occasioning actual bodily harm, unlawful and malicious wounding or causing grievous bodily harm with intent. ● Joint endeavours ● Non violent offences- Criminal Damage, Property offences, Theft Act 1968, theft, robbery, fraud offences and blackmail ● Computer Crime- The Computer Misuse Act 1990 s1 liability for attempt to access unauthorised data. ● The actus reus- causing the computer to ‘perform any function’ ● The mens rea- intention to access unauthorised data/program, defendant must be aware they do not have authorisation to access |
| 3. Understand defences to criminal conduct. | 3.1 Define self-defence. 3.2 Explain the insanity defence. 3.3 Describe the criminal liability of minors. |
● Capacity defences- voluntary and involuntary intoxication, intoxication by legal and illegal substances, automatism, mistake ● Necessity- a very limited defence ● Self defence is a complete defence. Defendant believed they were facing an unjust threat and responded with a reasonable level of force. ● Common law self defence ● Statutory self defence Criminal Law Act 1967, including assisting others and prevention of crime ● Insanity defence- defendant claims they were insane at the time of the offence ● Insanity- a defect of reasoning or disease of the mind. The defendant did not know the nature or quality of their actions or did not know their action was wrongdoing. ● Diminished responsibility defence and insanity defence. ● Duress, coercion and entrapment defences ● Minors criminal liability- children under 10 years of age, Children and Young Persons Act 1933. May have civil repercussions for criminal actions. ● Minors aged 10-14 years, Crime and Disorder Act 1998, capacity for criminal liability and understanding of wrongful nature of the actions. |
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the standards specified by all assessment criteria.
| Learning Outcomes to be met | Assessment criteria to be covered | Type of assessment | Word count (approx. length) |
| All 1 to 3 | All ACs under LO1 to LO3 | Portfolio of evidence | 3000 words |
Indicative Reading List
- Ashworth’s Principles of Criminal Law, Tenth Edition, Jeremy Horder, April 2022, Published by OUP
- Criminal Law, 17th Edition, Smith; Hogan; Ormerod, Published by OUP
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