law Flashcards
medicine act 1968
It was to control the safety, efficacy , quality of medicines. Therefore license and certificate were implemented
this law is applied from clinical trials till the supply of med to patients .
this act stayed in place for 40 years but it taken over by human medicines regulation 2012.
what is statue law.
it contains primary and secondary legislations.
primary legislation: it described the main laws passed by the legislative bodies of the uk and the parliament eg Act of parliament . Medicines act 1968
secondary legislation: created by ministers or bodies under powers which are given by the parliament . Secondary law have the same force of effect as the primary law. Eg, medicines pharmacies responsible pharmacist regulations 2008
primary legislation usually takes months to pass through where as secondary can be processed very quickly
what is the missue of drugs act 1971
prevents misuse of controlled drugs
what are first step to creating a new law?
green paper: this is the first step to create a new law or changing an existing law .
It is consultation document put together by the government department. it is supposed to stimulate discussion by putting ideas together
white paper:
its the next step after the green paper, this explains the governments preferred future policy before the legislation is introduced. allows the government to test public opinions and gather feedback before presenting a bill to the parliament
they both are a consultation process before a bill is passed to parliament
what is the parlimentary process
it begins with a monarch speech at the opening of parliament each year which sets out governments new legislations in the coming year
what is a bill
the proposed law presented to the parliament and its known as a bil. it has to pass several stages before becoming a law .
what do all acts of parliament make up
all acts of parliament make up the body of UK statue law
what is the common law?
its a body of law which has been built up over many years and is based on the principal of judicial precedent
judicial precedent means when a decision has been made by a judge in the court and in later cases the facts are same or similar, so the court bases its decision on previous cases .
common law is civil or criminal law
what is a criminal law?
crimes are created by the government , and the government decides what activities are unacceptable in our society and parliament passes laws and make it a crime.
crime happens when a person intentionally commits one of these activities or intentionally fails to do something required by the criminal law
act or intent
what is a strict liability?
for some offences intent is not important , these are known as strict liability. eg speed offence you don’t have to prove intention if someone was aware of speeding.
who is criminal law enforced by?
criminal law is enforced by the state , investigates crimes and detects offenders. EG mhra medicines and healthcare products regulatory has the power to investigate medicine offence
offenders are usually prosecuted by the Crown prosecution service CPS
CPS prosecutes ppl accused of criminal offences in criminal court if they believe :
1. they have a reasonable chance of winning the case
2. its in the public interest.
what is the standard of proof
its the degree to which a party must prove its case to succeed. burden of is the requirement
what is the burden of proof
in a criminal caseburden of proof rests with the prosecution to prove their case beyond the reasonable doubt in court. If done offender will be found guilty
in more serious cases decision is made by 12 person jury
less serious cases panel of magistrates decide
beyond reasonable doubt.
this is the standard proof it means that no logical explanation can be deduced from the facts and evidence provided
whats the purpose of criminal law
punish offender
deter others from commiting the same offence
to deter them away from re offending
