Rights & Responsibilities - Rights & Responsibilities Within The Legal System Flashcards
Who in the police force is directly elected, held accountable & in charge?
Police & crime commissioner.
Do candidates for the role have to stand with a political party?
They can stand independently too.
What are the 3 roles of the police?
Maintain law & order
Protect members of the public & their property
Prevent, detect & investigate crime
What are the 3 most commonly used powers of the police?
Stop & search
Power to arrest
Entry, search & seizure
What are the 2 rules to making a stop & search?
Person/vehicle may have stolen items/prohibited articles
Must have reasonable grounds for suspecting illegal activity
What are the 2 rules to making an arrest?
Individual must be involved in committing/attempting to commit a crime
Individual must be informed they’re under restraint, use reasonable force & be told why they’re being arrested
What must police obtain to search & enter premises?
A warrant.
What is the CPS?
Independent body that prosecutes criminal cases in England & Wales.
Who does the CPS work closely with?
The police.
Who is the attorney general?
Oversees the CPS & is a gov minister held accountable to Parliament for their work.
What does “judiciary” mean?
System of judges.
What is the judiciary responsible for?
Settlement of legal issues where a citizen is accused of breaking the law they determine the sentence given to them.
What is the role of the judiciary?
Enforce & interpret law.
What political bias should the judiciary uphold?
Neutral.
How can one become a judge?
Work in a legal profession before you’re appointed.
What are the 3 branches of legal profession?
Legal executives
Solicitors
Barristers
What are legal executives?
Legally qualified professionals employed by solicitors to specialise in a given area of law.
What are solicitors?
Prepares cases & its advocacy in magistrates & county courts
Deal with commercial work, land & building issues, house sales, wills & tax matters
Have a law degree
Undertake 3yrs of training
What are barristers?
Advocacy
Present cases in courts
Employed by solicitors to work on behalf of the solicitor but pursue their own judgement
Work in magistrates, crown, high & appeal courts
Law graduates
On the job training
Work for themselves
What does criminal law deal with?
Cases where a citizen has broken the law.
What does civil law deal with?
Disputes between individuals/organisations which are resolved by the award of damages
Personal injury claims & contract breaches
Outcome is liable/not liable
Do civil courts involve a jury?
No.
What type of court are most civil cases held in?
County courts.
What do civil cases punish with?
Fines up to £5,000.
What type of courts are criminal cases held in?
Magistrates court
Crown court
Tribunals
Inferior courts
Determine a resolution of a dispute
Ombudsmen
Officials appointed to check on gov activity on behalf of a citizen
To investigate complaints made
Make recommendations & publish reports, isn’t binding
Negotiation
Parties involved discuss issues & compromise to resolve issues.
Mediation
Parties discuss dispute with a 3rd party (neutral).
Act as a facilitator to help sides come to an agreement
Conciliation
Helps resolve issues by playing an active role & giving opinions.
Arbitration
Parties agree to have their dispute heard by a private arbitrator who makes a binding decision.
Age of criminal responsibility in England & Wales
10.
What is the punishment of criminal law?
Custodial/non-custodial sentence.
Common law
Developed law using the decision of judges in specific cases.
Scotland’s courts
Justice of the peace court Sheriff court Sheriff appeal court High court of justiciary Supreme Court of Scotland
Northern Ireland’s courts
UK Supreme Court Court of appeal High court County court Crown court Magistrates court Coroners’ court
