AC 1 Flashcards
1.1 Process of law making in parliament
Idea Green paper -> White paper House of lords and commons Votes & amendments Monarch - Royal assent Becomes act of parliament
1.1 Process of law making in court
Judicial Prescendent
- Law made by judges
- Must apply the law and make decisions
- All inferior courts must follow
1.1 Judicial Prescendent cases
Donoghue V Stevenson
- Ginger beer with decomposing snail
- sued manufacturer and won
Daniels V White
- Lemonade with corrosive metal
- sued manufacturer and won - used Donoghue V Stevenson as cases were similar
1.2 Police
Work with courts - take defendant and give evidence
Works with probation - management of offender
Works with CPS - charge offender
1.2 HM Courts & Tribunals
Judge made law
Works with police + prisons to deliver defendants to court
Arranges video links for defendants
1.2 CPS
Works with police - charging suspect
Works with courts - conducts advocacy of case
1.2 HM Prison Service
Lawyers visit for consultations
Judges set term of imprisonment
Defendants denied bail - reprimanded to prison
Works with probation - when prisoner set to be released
1.2 National Probation Service (NPS)
Oversees prisoner when released on license or parole
1.3 Two types of models of justice
Crime Control Model
Due Process Model
1.3 Crime Control Model (CC)
GUILTY UNTIL PROVEN INNOCENT!!
- Quick disposal of cases
- Punishment and prevent re offending
- Protect victim rights not defendants
(Bad character evidence, previous convictions)
Colin Stagg, Barry George
1.3 Due Process Model (DP)
INNOCENT UNTIL PROVEN GUILTY!!
- Process should be fair
- Police powers should be limited
- Suspects rights upheld
(PACE Guidelines, Recorded interviews)
Sion Jenkins, Venables