law creation Flashcards
what are the different sections of the criminal justice system (look at slides or book for table)
What is the summary of criminal justice procedure?
Law creation: criminal law is made in parliament
Police enforce the law that is made by investigation breaches of the criminal law. They will arrest a suspect and use their power of detention and interview.
Crown Prosecution Service: will advise the police on the appropriate charge.
Suspect brought before the court: all cases start in the Magistrates’ Court and around 5% go to the Crown Court
Defendant released on bail or remanded into custody.
A guilty plea result in sentencing or a plea of note guilty results in a trial. A trial will include witness giving evidence. A bench of magistrates or a jury decide the verdict.
If convicted, formal punishment is given by the magistrate or a judge. The Sentencing Council provides guidelines to assist the courts. If a custodial sentence is given the defendant is sent to prison.
HM Prison Service oversees the welfare of prisoners. HM Inspectorate of Prisons is an independent body that reports on the conditions and treatment of those in prisons.
When released from prison a prisoner is usually on license and is subject to supervision by the probation service. Any breach may result in a return to prison.
what are the types of Bills?
public bill
private bill
private members bill
hybrid bills
what is a public bill?
This is the most common type of bill and relates to a law which applies to the general public. Bills are mostly put forward by government ministers on behalf of their party.
what is a private bill?
These are normally put forward by an organisation or a private company. This type of bill will only affect certain groups of people instead of the general public.
what is a private members bill?
These are public bills introduced by MP’s and Lords who are not gov. ministers. As with other public bills their purpose is to change the law as it applies to the general population.
what is a hybrid bill?
These are a combination of a Private and a Public Bill by proposing something that affects the public, but will also have a significant impact for specific individuals or groups.
who is the public proposed by and who does it affect?
government ministers
the general public
who is the private bill proposed by and who does it affect?
organisations such as private companies or local authorities
specific groups or individuals in society
who is the private members bill proposed by and who does it affect?
MPs and lords who are not government ministers
the general public
who is the hybrid bill proposed by and who does it affect?
MPs but could also be organisations
general public to extent but greater impact on specific groups or individuals
