Facing criminal charges can turn your life upside down. If this happens to you, securing the services of the right criminal defence attorney may prevent charges from being filed against you. Making a mistake can lead to serious consequences.

In England and Wales, crimes are deemed to be offences against the community. There are two basic elements of criminal law. One is actus reus, which is Latin for \’guilty act, \’ meaning the act of doing something that is prohibited. The other is mens rea, the Latin term for \’guilty mind\’, or the intention to commit a crime.

The acceptable defensive strategies when defending oneself or a defendant depend on the rules of common law and the exact wording of the statute that has allegedly been violated. Insanity, self-defence, mistake and automatism may be used as defensive strategies to any criminal charge. Other legitimate defensive strategies to some crimes, but not all, include intoxication (provided it is involuntary), marital coercion and duress.

Duress and necessity may be used as defensive strategies in some crimes but not others. They may not be used in murder cases, attempted murder and some types of treason. The term, \’duress\’, refers to the situation where a person commits a crime because they are being subjected to a threat, to violence or some other form of pressure. In other words, duress can be defined as the use of any threat or unlawful coercion.

Marital coercion may be used as a statutory defensive strategy to most criminal charges under English law and in Northern Ireland. It must be proven that the husband was present when the wife committed the crime and that they were legally married. While the coercion need not be violent or the threat of violence, it is insufficient for the wife to have been acting out of loyalty to the husband. This strategy does not apply to civil partnerships.

Some strategies may be used to reduce a charge from murder to a less serious crime. Diminished responsibility and infanticide are two examples. Diminished responsibility is used when it can be proven that the defendant was suffering from an abnormality of the mind that substantially impaired his mental responsibility at the time when he killed someone. This allows the judge to sentence the defendant to hospital treatment instead of punishment by incarceration.

The term, \’infanticide\’, refers to the homicide of an infant. It often happens within 24 hours of the birth of the baby and it is frequently the mother who is the culprit. The Infanticide Act of 1938 defines an infant as a baby under the age of twelve months. It applies to the mother and makes allowance for the situation that she may be suffering mental imbalance as a result of not having recovered from giving birth/lactating. As with diminished responsibility, it allows the judge to impose a more appropriate and humane sentence.

The content herein should not be construed as legal advice. When charged with a crime, it is essential to immediately seek the advice of a legal practitioner who is qualified in criminal defence.

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