Rule of Law and Civil Law Flashcards
What is ‘Criminal Law’?
Aimes to make sure everyone is safe and protected. It covers actions that are regard as crimes against society
Examples of criminal law
Theft Murder Speeding Damage to property Assault
What is ‘Civil Law’?
Covers disputes between people and is usually about rights
Examples of civil law
Consumer rights Marriage Divorce Libel Accidents at work
Who is the ‘plaintiff’?
Someone feels that damage has been down to them
Who is the ‘defendant’?
Someone who brings a case against the other person
Example of civil offence
Libel
If someone writes or broadcasts something about a person that is not true, that person can sue for libel
Aim of civil cases
To uphold the rights of individuals
Aim of criminal cases
1) To maintain law and order
2) To protect society
Courts that dealt with CIVIL CASES
County Court
then
High Court
Courts that dealt with CRIMINAL CASES
Magistrates Court
then
Crown Court
Who starts the CIVIL cases
The individual whose rights have been affected - claimant
Who starts the CRIMINAL cases
1) The State through the police - Prosecutor
2) Crown Prosecution Service - Prosecutor
Standard of proof in CIVIL cases
On the balance of probabilities
Standard of proof in CRIMINAL cases
Beyond all reasonable doubt
Who makes decision in CIVIL cases
The judge
Who make decision in CRIMINAL cases
Magistrates or jury
Decision of CIVIL cases
Liable or not liable
Decision of CRIMINAL cases
Guilty or not guilty
Powers of Country/High court (Civil cases)
Compensation at a level set by the judge
Powers of Magistrates/Crown Court (Criminal cases)
1) Prison
2) Fine
3) Community Service
4) Discharge
The magistrates/ judges set the sentence
7 sources of law
1) Statute Law - Made by Parliament
2) Case Law - Based on judges decision
3) Common Law - Made outside Parliament, developed over centuries
4) Bylaws - Made by local authorities apply to their area
5) Rules and regulations E.g. By railways, bus companies, schools
6) International law - International agreements and treaties
7) European law - From EU, Britain plays a part in making these laws
7 Rights of the accused
1) To be innocent unless proven guilty
2) THe prosecution must prove the crime has been committed
3) The crime must be beyond all reasonable doubt *Better not to convict than convict innocence
4) Except youth case, the trial must be held in public
5) Witnesses must give evidence in the presence of the accused - The accused must be allowed to question when they give evidence
6) The court must listen to all that you and your lawyers have to say - relevant to your defence
7) You can never be charged with that particular offence again
Legal power of the police
1) Stop and search
2) Arrest
3) Detention
4) Investigation
5) Identification
6) Interviewing detainees
The action police will take against an arrested person if they have enough evidence
Take to a police station and detention authorised
then
Suspect placed in a cell
Police’s responsibility
1) Uphold the Law - fairly and firmly
2) Prevent crime
3) Detect crime - Purse and bring to justice those who break the law
4) Protect, help and re-assure the community
5) Keep the Queen’s Peace
6) Be seen to do all things with integrity, common sense and sound judgement
Reasonable grounds of suspects
1) Stolen goods
2) Drugs
3) Offensive weapons
4) Burglar or theft
5) Knives
6) Items which could damage or destroy property e.g. spray pain can
Rights that everybody has if arrested by the police
1) Proof of their warren card
2) Information on police powers to stop and search
3) Your rights
4) The police officer’s name and police station
5) The reason for the search
6) What they think they might find when they search you
7) A copy of the search record
Conditions when police can serve a summons
1) You have given a false name or address
2) To prevent you causing physical injury to yourself or others
3) To protect a child or other vulnerable person
4) To prevent offence against public decency
Right to a phone call
In the UK,you have a right to have someone to be informed of your arrest
X the right to a phone call
Who are involved in the hearing in the magistrates’ court
1) Three magistrates - Bench
2) A legall qualified Court Clerk
Which two branches is the English Legal System divided into?
Civil Courts and Criminal Courts
Who appoints magistrates?
By the Crown
- Not paid but may claim expenses and an allowance for loss of earning
- Don’t usually have legal qualifications
Requirements of ‘ District Judges’
* In magistrates’ court
1) At least 7 years’ experience as a Barrister or Solicitor
2) 2 years’ experience as Deputy District Judge
* They sit alone and deal with more complex or sensitive cases
e. g. Serious Fraud
What case will always be hear in the Crown Court even involve people under 18
1) Homicide 2) Rape
* Because the sentencing power of the youth court are insufficient
Limits of Magistrates court punishment
1) Cannot normally order sentence of imprisonment that exceed 6 months ( or 12 months for consecutive sentences)
2) Fines exceeding £5000
Age range that dealt in the Youth Court
10 to 17 ( not for homicide or rape)
Range of sentences available in Youth Court
- Designed to prevent further offending
1) Marking of a Detention
2) Training Order up to 2 years
What does Magistrates’ Court deal with?
- 95% of cases & many civil cases
- Family matters
- Liquor licensing
- Betting and gaming
Purpose of Magistrates’ Court
1) To punish law breaker
2) Resolve local disputes
3) Keep order in the community
What does Crown Court deal with?
*More serious criminal cases
- Murder
- Rape
- Robbery
∆ Some are on appeal
∆ Referred from Magistrates’ Court
Crown Court trials are heard by
A judge and a 12 person jury (member of the public)
What do ‘Crown Prosecution Service’ do?
- It’s a Government Agency
1) Prepare and conduct the court proceedings for the prosecution
2) Provide a barrister to conduct the prosecution
3) Arrange for prosecution witnesses to attend court
What dose County Court deal with?
- Referred as “Small claims Court”
1) Debt repayment - Return of goods bought on credit
2) Personal Injury
3) Contract concerning goods or property
4) Family issues - divorce or adoption
5) Housing disputes - mortgage and council rent/ re-possession
What cases do ‘High Court’ deal with?
More substantial civil claims (over around £ 25,000)
The action begun by “writ”, which is accompanied by a “statement of claim”
3 High Court Division and what they deal with
1) Family Division - Divorce and chid welfare matters, administration of wills
2) The Chancery Division - Disputes about wills, settlements and trusts, bankruptcy, land law, intellectual property (Copyright and patents), corporate laws
3) The Queen’s Bench Division - Disputes about contracts or torts or land
Appeals from Crown Courts go to
The Court of Appeal Criminal Division
Appeals from County & High Court go to
The Court of Appeal Civil Division
Appeals in criminal & civil cases from the UK go to
Supreme Court
Appeals format he highest courts of European Union member states
The European Court of Justice
Where does solicitor work in?
In magistrates’ court and county court
What does solicitor do?
1) Preparation of cases
2) Advocacy
3) Litigation
* Commercial work relating to business
- Commercial transaction
- Corporate matters
- land, share and other property dealings
* Private client work (does not involve any litigation)
- conveyancing of houses
- Making wills
- Advising on tax matters
Where does barrister work in ?
Occasionally advocates in magistrates’ court
Mainly work in the Crown Court, High Court or appeal courts
What does barrister do?
- Advocacy - present cases in court
- Can take an independent judgement as to how to conduct the case
- Instructed by a solicitor
What are “magistrates” and what do they do?
“lay magistrates” - justices of the peace
•They are ordinary citizens who are not legal professionals
•They have no legal training
∆ Appointed to ensure the local community is involved in the running of the legal system & its substantive decision
∆ Reflect community values
*Must have two or more magistrates
† Preside over criminal trials in the magistrates’ court
Function of judge in Crown Court
1) To ensure the fair conduct of the proceedings
2) To give rulings on points of law
3) Determine the sentence if the defendant is found guilty
Judges and Juries’ relation
∆ Judges will summarise and analyse the facts for the jury
∆ Should not pass comment
∆ Make adverse comments if a suspect fails to give evidence in court about a defence being relied upon
Juries in Crown Court
12 persons, aged 18 to 70
* Drawn from the electoral register of local community - Jury Act of 1974
To reflect back community standards into how the law is applied
They may not discuss the case with anyone else
Why is media not allowed to reveal the name of children or victim of sexual assault in a case?
To prevent them from being identified
Criminal Defence Service
Fund cost of legal advice and the presentation of the accused
Ineligible to serve as Jury
1) On bail
2) Served a prison sentence or detention order in the last ten years
3) Has been sentenced to five or more years in prison
4) Regularly treated for mental illness
Crime committed by children under the age of ten
Not seen to be able to understand the consequences of what they have done
Crime committed by chidden age 10-14
Aware that what they were doing was seriously wrong
* Serious offence such as murder or rape could be sent to the Crown Court for trial
Crime committed by people after the age of 14
Fully responsible for their own actions
∆ Classified as “young offenders” those aged 17 or under
What is a “restorative justice”?
Justice that aims to ‘restore’ young offenders to society and make them pay restoration to the people and community against whom they have offended.
3 main principles of “Youth Justice”
1) Take responsibility
- Their behaviour and offences
- Should learn to behave more responsibly in the future
2) Make amends
- To the victims of crime or to the community
3) Guidance and support
- Offend to the offender to get them back into society
- Help them develop as law abiding citizens
Who made up the “Youth Offending Team”
1) Members of police
2) Social services
3) Education
4) Probation
5) Health agencies
* in local area
What does “Youth Offending Team” do?
- Try to change the young person’s attitudes and behaviour
- To ‘rehabilitate’ the offender
1) Counselling
2) Help for parents to become better at controlling the young person
3) Community activiteies
4) An apology to the victim or mending and damage done
5) Improving school work and attendance
Who is served in the Youth Court?
1) Youth panel magistrates
2) District judges
Youth Court’s power
1) Detention and Training Orders of up to 24 months
2) A range of sentences in the community
Magistrate in Youth Court
1) At least one of them has to be woman
2) Must not be over 65 years old
3) Specially trained
Victim of crime in Youth Court
Can attend the hearings but must make a request to the court
Purpose of sentencing in court
1) To help the victim
2) To deter the offender from offending again
3) To keep people safe
4) To put off other potential criminals
5) To punish the offender and maintain respect for the law
