Is The Criminal Charge Against You Valid?

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For the Prosecution to successfully convince the Court to convict you of an offence, the Prosecution has to show the judge that all the elements of the offence have been made out.

All criminal offences consist of two main parts, namely:

  • Actus reus: The physical act
  • Mens rea: The mental element

A Criminal Defence lawyer will be able to explain the different elements which make out the criminal offence to you. He will also ask you questions to tease out the relevant information from you to evaluate if you have a Defence against the criminal charge that you face.

If even one element of the criminal offence is not made out, the criminal offence against you is not valid.

A Criminal Defence lawyer can and will write to the Prosecution using written representations to explain why you should not be charged with a criminal offence. If the written representations are successful, the Prosecution will drop the charge against you.

Categories: Actus Reus Mens Rea Criminal Offence Elements