Criminal NOL and ELS

Question 1

Prosecutes

Answer 1

Legal term for bringing a criminal charge against a defendant

Question 2

Guilty

Answer 2

Legally responsible for a specified wrongdoing

Question 3

Reasonable Doubt

Answer 3

Criminal standard of proof meaning the prosecution must provide sufficient evidence for jury or magistrates to be certain of the defendant’s guilt (if they are not then they have reasonable doubt.

Question 4

Procedural Laws

Answer 4

Prescribe the framework in which other laws are made and enforced

Question 5

Substantive Laws

Answer 5

Create and define legal rights and obligations

Question 6

Public Laws

Answer 6

Govern the relationship between the state and its citizens

Question 7

Private Laws

Answer 7

Create rights enforceable between individuals.

Question 8

Sources of law: Custom

Answer 8

Involve the disapproval of the community rather than formal punishment if broken.

Some rules may be so widely accepted that they become the law.

Question 9

Sources of law: Statute

Answer 9

UK parliament made up of monarch, HoC and HoL. Laws passed here are known as Acts of Parliament or Statutes.

Question 10

Common law

Answer 10

Laws developed by Judicial decisions.

Question 11

Fault in Criminal Law

Answer 11

An act must accompany a fault to equal a crime, if it doesn’t then it is an accident.

Strict liability and absolute liability do not need fault.

Sweet v Parsley.

Question 12

When can fault be removed/reduced?

Answer 12

When a defence is plead successfully.

Question 13

Strict liability being avoided: Sweet v Parsley

Answer 13

Teacher allowed students in house, they smoked cannabis and she was unaware.
Charged with offence of being concerned with management of premises which was used for cannabis contrary to s.5(6) Dangerous Drugs Act 1965.

Held: HoL looked at common law before the statute was made, it required knowledge of activities to impose liability. Common law was applied and mens rea was required.

Question 14

Why is fault necessary in criminal Law?

Answer 14

To justify sentencing, otherwise it would be unfair.

Question 15

What is Justice?

Answer 15

The idea that the law is fair in how it seeks to punish wrongs and protect rights. (comes from: A Theory Of Justice 1971).

Question 16

A Theory Of Justice (1971)

Answer 16

1. The social contract: social cooperation relies on a contract which people have made themselves. Principles of justice to be viewed as a binding contract.
2. Greatest equal Liberty: Basic freedoms like speech.
3. Difference principle: Social and economic inequalities are fair and just, only if they work for benefit of least advantaged in society.

Question 17

Aristotle’s Theory of Justice

Answer 17

Justice is about distribution and proportionality.

Question 18

Procedural Justice

Answer 18

Puts systems in place in an attempt to ensure justice.
- Everyone entitled to put case in court.
- Financial assistance for accessing lawyers/courts.
- Ensure material in court is reliable.
- Right to trial by jury.
- Judges, magistrates and juries must not be biased.
- Right to a second opinion (corrective justice).

Question 19

Substantive Justice

Answer 19

Achieved by application of legal rules themselves.
- Defences to justify actions of the defendant, and partial defences to murder.

• Sentencing should be treated consistently with level of fault.

Question 20

Failed Justice: Rules

Answer 20

Mandatory life term for murder allows no judicial flexibility.

R v Canning 2002 - Trial judge described his sentence as a ‘classic example of injustice.’

Question 21

Miscarriages of Justice

Answer 21

Timothy Evans: Wrongly accused of murdering his wife and daughter, he was executed for it.

Question 22

What is the aim of criminal law?

Answer 22

Maintain law and order by creating criminal offences.

Question 23

Monarch

Answer 23

The UK is a constitutional monarchy - the king/queen is bound to exercise powers and authority only in the limits prescribed by the law.

Rules originate in conventions, practices and precedents of Parliament, which form the Constitution of UK.

Question 24

Monarch

Answer 24

The UK is a constitutional monarchy - the king/queen is bound to exercise powers and authority only in the limits prescribed by the law.

Rules originate in conventions, practices and precedents of Parliament, which form the Constitution of UK.

Question 25

House of Commons

Answer 25

The UK is divided into 650 constituencies, each votes for an MP to represent it, this is known as the general election and takes place every 5 years.

The government has a main say in formulating new Acts of Parliament.

Question 26

House of Lords

Answer 26

• 92 hereditary peers.
• 700 life peers (appointed).
• 26 senior bishops.
• HoC can override HoL.
• imperfect bicameralism (the two houses are not equal in power).

Question 27

Green and white papers

Answer 27

Each government department is responsible for an area of government.

Question 28

Green Paper

Answer 28

A consultative document issued by the government putting forward proposals for reform of the law and often inviting suggestions.

Question 29

White Paper

Answer 29

A document issued by the government stating its decisions as to how it is going to reform the law; this is for information, not consultation.

Question 30

What is a bill?

Answer 30

When a new law is making its way through the formal stages of becoming an Act of Parliament.

Question 31

Public Bill

Answer 31

Matters of public policy affecting the whole country/large section of it.

Question 32

Private Members’ Bills

Answer 32

Individual (private) MPs Introduce a bill. Can be from any political party and known as ‘backbenchers’ because they do not sit in the front row in the HoC with the government. Can be introduced by a ballot or the ‘ten minute’ rule.

Question 33

Private Bills

Answer 33

Create a law affecting only individual people or corporations.

Question 34

Hybrid Bills

Answer 34

A cross between Public and Private Bills. Introduced by government, but if they become law they will affect a particular person, organisation or place.

Question 35

What can influence parliament

Answer 35

Political, Media, Pressure groups.

Question 36

What is Statutory Interpretation

Answer 36

How judges interpret the language used in Acts of Parliament.

Question 37

Why is SI important?

Answer 37

• Act contains ambiguous words.
• Words used are too broad.
• Progress of tech means words may need to be considered in new light.
• Error in drafting.

Question 38

Literal Rule

Answer 38

Judges use the exact meaning of words when interpreting statute, no matter how absurd the outcome.

Question 39

Golden rule

Answer 39

Judges decide that literal rule produces absurd results when interpreting statute.

Question 40

Mischief rule

Answer 40

Used to prevent the mischief an Act is aimed at.

Question 41

Purposive Approach

Answer 41

Judges look to see what is the purpose of the law when interpreting a statute.

Question 42

+ - of Literal rule

Answer 42

+ Respects parliamentary sovereignty.
- Assumes every act will be perfectly drafted.

Question 43

+ - Golden rule

Answer 43

+ A way of avoiding worst problems created by literal rule while attempting to respect PS.

• No definition of an absurd result.

Question 44

+ - Mischief rule

Answer 44

+ Responds positively to loopholes in the law.
- Judges going beyond authority by filling in gaps.

Question 45

+ -Purposive Approach

Answer 45

+ Most likely lead to justice in individual cases.
- Judges cannot know what Parliaments intentions actually are.

Question 46

What are internal aids?

Answer 46

• Intro text to help mischief/purposive approach.
• Notes in margin for explanation.
• Glossary of key terms.