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1. Definition of a Crime In modern common law, there is a tendency to refer to crimes as offences.

The term crime in the broad sense includes not only serious, but also minor crimes, but in practice a minor crime would not be referred to as a crime which is felt to be too strong description of it. Therefore, the term crime is dropping out of use and is replaced by the term offence which now dominates in legal documents. In this unit both terms are used as synonyms. The definitions of a crime (offence) given by the law theorists can be grouped into descriptive and prescriptive ones. The descriptive model of a crime defines not the nature of the act, but the legal consequences which follow it: a crime is a legal wrong that can be followed by criminal proceedings which may result in punishment (Williams 1978, 14). The prescriptive model of a crime, on the other hand, analyses the characteristics of criminal conduct: a crime is a wrongdoing which directly and in serious degree threatens the security and well-being of society (public wrong), therefore it is not safe to leave it redressable only by compensation to the injured party (definition by Carleton in Smith and Hogan 1978, 19). Other models of a crime describe it both as a legal and a public wrong: a crime is an act (or omission) that is deemed by law to be a public wrong and is therefore punishable by the state in criminal proceedings (Oxford Dictionary of Law, 2002). 2. Classification of Offences according to the Degree of their Seriousness In Common law system offences originally were classified into three types according to the degree of their seriousness treason, felonies and misdemeanours. The first category (treasons) was considered the most serious of the three. Any activities that were deemed a betrayal of one's country and were thought to pose a serious threat to the monarchy were considered treasonous and, as such, carried a severe penalty. The second category (felonies) included serious offences against the person and the property. All other offences were ascribed to the third category and were called misdemeanours. This classification is still used in the US legal system, but some common law jurisdictions (United Kingdom, Republic of Ireland, Australia, Canada) have abolished the distinction between felonies and misdemeanours and adopted other classifications. In the UK, after the Criminal Law Act 1967 had abolished the distinction between felonies and misdemeanours, two new classifications of offences based on the power to arrest and the mode of trial were introduced. The first classification was introduced by the Police and Criminal Evidence Act 1984. According to it offences were grouped into arrestable and non-arrestable. Arrestable offences included those for which there was a fixed mandatory penalty (e.g. murder), which carried a sentence of at least five years imprisonment (e.g. theft) and some other offences listed in the Police and Criminal Evidence Act 1984 (e.g. possession of an offensive weapon). Police could lawfully arrest without obtaining a warrant a person who is committing an arrestable offence or who is suspected to be in the act of committing it. Non-arrestable offences were the remainder. However, in 2006, when Serious Organised Crime and Police Act 2005 entered into power, the

term arrestable offence ceased to have effect, and now, bar a few preserved exemptions, one power of arrest applies to all offences. The second classification, as mentioned above, is based on the mode of trial (see the Criminal Law Act 1967, the Criminal Law Act 1977, the Magistrates Court Act 1980). According to it, offences are grouped into three categories: (1) summary offences, (2) indictable offences and (3) offences triable either way. Summary offences are the offences that can only be tried summarily, i.e. by magistrates (justices of the peace) in the magistrates court. Indictable offences are tried on indictment, i.e. by jury in the Crown Court. Offences triable either way may be tried either summarily or on indictment. The most serious offences (e.g. murder, manslaughter, robbery, rape, causing grievous bodily harm with intent) are triable only on indictment. Offences of medium gravity, especially those the gravity of which varies greatly depending on the facts of the particular case, are triable either way (e.g. theft, obtaining property by deception, most forms of burglary). The least serious offences (e.g. common assault and battery) are triable only summarily. Where the accused is faced with an offence triable either way, he can opt for trial by jury should he so wish. If the accused does not avail himself of this right, the Magistrate has a discretion as to the appropriate mode of trial. 3. Classification of Offences according to their Object Criminal law is further divided into broad categories based on the object of the offence, each having specific offences associated with it: (1) offences against the state, (2) offences against the person, (3) sexual offences, (4) offences against the property, (5) offences against public peace and safety (public order), (6) offences relating to road traffic etc. (Draft Criminal Code Bill for England and Wales 1989, Oxford Dictionary of Law 2002). Offences against the state affect the security of the state as a whole. The main offences in this category are treason, misprision of treason, sedition, offences involving official secrets and acts of terrorism. Offences against the person involve the use or threat of physical force against another person. This category includes homicide (murder, manslaughter), illegal abortion and child destruction, causing personal harm and assault, detention and abduction (kidnapping, hostage-taking), endangering traffic. Sexual offences involve sexual intercourse or any other sexual act. The main offences in this category are rape, indecent assault, incest, sexual relations with the mentally handicapped. Offences against the property affect another persons rights of ownership. The main offences against the property are theft and related offences (burglary, robbery), blackmail, fraud, forgery, offences of damage to property (arson), offences related to entering and remaining on property (trespassing with a weapon of offence). Some offences against the property, such as burglary, robbery and blackmail, may also contain elements of offences against the person. Offences against public peace and safety affect the smooth running of orderly society. This category includes riot, affray, harassment, acts stirring up racial hatred, possession of offensive weapon, manufacture of dangerous weapons etc.

Offences relating to road traffic are offences associated with driving vehicles on public roads. The main offences in this category are careless and inconsiderate driving, causing death by careless driving, dangerous driving, causing death by dangerous driving, drunken driving, driving while disqualified, driving without insurance, driving without a licence, speeding, ignoring traffic signals, parking offences and obstruction.

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