Ac1 Flashcards
Where Where the majority of the law made in england
Parliament
What happens when a new law is considered
Public consultation in the form of a green paper. From this a white paper with formal proposals for reform is produced which allo2s a draft act called a Bill to be presented in parliament
The journey of the law to be created in the house of commons:
First reading
Second reading
Committe stage
Report stage
Third reading
Royal assent
First reading
Where the name of rhe bill and its main aims are read our and formal vote is taken
Second reading
The main debate takes place followed by another vote
Committee stage
A chosen group of representatives look closely at the bill to address any issued and suggest appropriate amendments
Report stage
The committee report back to the full house who then vote out proposed amendments
Third stage
The final vote on the bull
All of the above stages are repeated in another house
Royal assent
The monarch signs the bill. She cannot refuse as it now only a symbolic stages as the head of state
The bill then becomes an act of parliament and the commencement date is given
Judicial law
Is a law Madrid by judges in the court
When a case appears before them they must make a judgement which forms a law
Case that uses a judicial law
Donoghue vs Stevenson(1932)
Two friends visited a cafe and drank a bottle of ginger beer that had the remains of a decomposing snail in it. The women fell ill and sued the manufacturer she won her case. The court decided a duty of care was owed by the manufacturer to the women known as the neighbour principle, thic case founded the modern day law or negligence
What do judges need to do once made a law
Apply the law consistently and use the same principles in similiar cases.
As there are several courts there is a hierarchy and lower courts must abide by decisions from higher costs
An alternative way for a judge to make a law
Statutory interpretation
Statutory interpretation
Where judges in the superior courts such as the court of appeal and supreme court are sometimes called upon to interpret words and phrases within a statute
Example of statutory interpretation
Whiteley v Chappel 1868
The defendant was charged with an offence of impersonating any person entitled to vote. The defendant had pretended to be a person who was on the voters list but that person had died. The court held the defendant was not guilty diner a dead person is not entitled to vote
Police and relationship with other oeganisations
Work with courts to enduer defendants in custody are brought before them
Often give evidence in court
Work with probation in the management of an offended
Work closely with the cps in the charging and prosecution of offenders
Ministry of justice organisation
Oversees the work of:
HM courts and tribunals service
Probation services
Prison systems
Hm courts and tribunals service
Contributes by the judiciary to law creation through judicial precedent and statutory interpretation
Liason with the police/independent security firma and prisons to ensure safe delivery of prisoners to court
Arrangement if video links if a prisoner is not to attend court for a hearing
Prisoners held in court cells pending their court hearing ajd return to prison
Cps
Advise the police on charging a suspect
Appear in courts to conduct the advocacy of a case
Hm prison service
Lawyers may seek visits to p4isons for legal consultations
It is the judge who sets a term of imprisonment including the length, type and whether it is concurrent or consecutive
Those defendants who have been denied bail by the police or courts will be remanded to prison
Work with probation services when a prisoner is to be released
National probation service
Police will arrest a prisoner recalled while on probation and ensure return to prison
Liaison and preparation between agencies when prisoners are released
Overseeing prisoner once released if on licence or parole
Liaison with police should there be any issuer and recall to prison if appropriate
Overseeing all prisoners who have served a sentence of up to two years and released on licence for a minimum of 12 months
Sentencing council
Works with the judiciary and other legal professionals to produce guidelines on sentencing
Campaigns for change
Cal biased with various agencies for support to enable change to be effective
Sarah law: worked with police on child sex offender disclosure scheme
Bobby tunbulls campaign foe a change in the gun licensing laws also liaised with the police
The prison reform trust works with prisons and other agencies to improve the penal system
Summary of the criminal justice system 1
Law creation criminal law is made in parliament
2
Police enforce the law thay is made by investigating reaches of the criminal law. They will arrest a suspect and use their powers of detention and interview
3
Cos will advise the police on the appropriate change
4
Suspect brought before the court all cases start in the magistrates court and at around 5 percent go to the crown court
5
Defendant released on bail or remanded into custody
6
A guilty pleasure results in sentencing or a plea of not guilty results in a trial. A trial will include witnesses giving evidence. A bench of magistrates or a jury decide the verdict
7
If convicted, a formal punishment is given by the magistrates or a judge. The sentencing council p4ovides guidelines to assist the courts. If a custodial sentences is given the defendant is sent to prison
8
Hm prison service oversees the welfare of prisoners. Hm inspectorate of persons is an independent body that reports on the conditions and treatment of those in prisons
