(2) AC 1.1 - Describe trial processes. Flashcards
Government processes to law making.
1) Public consultation - form of Green Paper.
2) White Paper - formal proposals for reform is produced, this allows for a bill to be presented in Parliament.
3) Begins its journey into one of the houses (House of Commons or House of Lords).
4) First reading - name of the bill and aims are read out and a vote takes place.
5) Second reading - main debates take place, second vote happens.
6) Committee stage - group of representatives look closely and suggest amendments.
7) Report stage - vote on proposed amendments.
8) Third reading - final vote on bill, these stages happen in both houses.
9) Royal Assent - Monarch signs bill and it becomes an Act of Parliament.
Judicial Processes to Law Making
Judicial precedent - laws made by judges in court. When a case appears before them which are unlike any other they must make judgements and this forms the law, these are them followed by future similar cases.
Examples : Donoghue v Stevenson (1932), Daniels v White (1938)
Not following a past decision may occur due to distinguishing or overruling, this only happens in the superior courts (supreme and sometimes court of appeal).
Donoghue and Stevenson
1932
2 friends in a cafe, one drinks ginger beer and there was a decomposed snail in the bottle. The woman fell ill and sued the manufacturer and won.
Court decided a duty of care was owed by the manufacturer to the woman, known as the ‘neighbour principle’.
This founded the modern-day law of negligence.
Daniels v White
1938
Claimant had burning in throat after drinking lemonade, found to have contained a corrosive metal.
Case of Donoghue v Stevenson was used to sue for compensation as they were similar, for the purpose of precedent.
Statutory interpretation
Sometimes words/phrases are unclear so a judge has to interpret them, there are different rules to help do this.
The literal rule.
The golden rule.
The Mischief rule
Example : White v Chappell (1868)
The Literal Rule
Courts look at the words of the statue and apply them as they are written, giving them their ordinary and natural meaning.
Case example : R v Maginnis (1987) - case involving illegal drugs, different judges found different meanings for the word ‘supply’
Case example : Whiteley v Chappell (1868) - defendant charged under law making it an offence to impersonate ‘anyone entitled to vote’ as they pretended to be someone who was on the voters list, but had died. Court decided not guilty as the person was not ‘entitled to vote’.
The Golden Rule
Court can assume that there is a wider definition of its literal meaning.
Case example : Adler v George (1964) - under section 3 of the Official Secrets Act 1920 it is an offence to obstruct HM forces in the vicinity of a prohibited area. Defendant argued he was ‘within’ the base not in its vicinity. The literal rule would mean the defendant would not be prosecuted, so the golden rule was applied to find him guilty.
The Mischief Rule
Court will enforce what the statue was intending to achieve, rather than the words it uses.
Case example : Cockery v Carpenter (1951) - Licensing Act (1872) states it is offence to be drunk and in charge of a carriage, defendant found guilty for being drunk on a bike.
