Theme C Flashcards
The purpose of the Law
- Set out rules for citizens
- Deterrent to prevent injustice
- Ensure fairness
- To regulate behaviour
Rule of Law
The idea that everyone, including the government, is subject to the law and held accountable to it.
Equality before the law
- To respect
- To a fair and public hearing
- To prepare a defence
- For judgements to be made public
- To appeal
Threats to access to justice
- Cuts to legal funding
- Closure of some local courts
Common law
- If a judge made a ruling on a case, it set a precedent for other judges to follow in future cases.
The UK joined the EU in…
1973
Criminal Law
Deals with issues between an individual and the state.
E.G. Murder, Assult, Fraud, Theft
Civil Law
Deals with issues between individuals and organisations
E.G. Employment Law, Divorce, Property Law, Custody
Criminal Law process
- Heard in Magistrates’ Court and the Crown Court
- Penalties include imprisonment, fines or community a service.
Civil Law
- Heard in the County Court, High Court, Family Court or by a Tribunal
- Penalties are non-custodial
Roles and powers of the police
- Deter crime
- Investigate and collect evidence of crime
- Stop and Search
- Arrest and enter premises
- Detain and charge
Roles and powers of judges
- Applying the law
- Sentencing and outcomes
- Setting precedent
Roles and powers of magistrates
- Hearing cases
- Arrest and sentencing
- Transferring cases
Roles and powers of legal representatives
- To provide advice and guidance to clients
- To argue for guilt or innocence
- To advocate in favour of those they represent
- To assert the rights of those they represent
Jury
- Civic duty - between 18 and 70
- Swear an oath to hear a case fairly and truly.
- Meet after hearing to discuss their verdict.
Tribunals
- Less Informal
- A part of the civil justice system
- Hear disputes concerning employment
- Limited powers
Fundamental principles of the law
- Right to know reason of arrest
- Right to inform of arrest
- Right to see a solicitor
Magistrate court
- used for less serious types of cases
- three magistrates hear each case
- a legal adviser on hand to provide guidance in points of law
- magistrates pass sentences
- appeals from magistrates are heard in the Crown Court
Crown Court
- Used for more serious offences
- A judge presides over cases and ensures they are fair
- A jury of 12 citizens
- the judge advises and serves the sentence
Mediation
A trained, impartial third party works with disputing parties to help reach agreement. Can be cheaper and quicker than court.
Ombudsmen
Appointed to look into complaints about companies and organisations without going to court, for areas such as energy and financial services.
Youth Court
- Three magistrates or a judge hears the case
- No jury
Youth sentencing
- Prison is not given
- A conditional or absolute discharge may be given
Reasons for not reporting crimes
- Embarrassed about being a crime victim
- Being afraid of the criminal
- A lack of trust for the police pr the justice system
Reasons for reoffending
- No home, no job - Prison provides it all
- May need to fun drug addiction
- May learn more from other prisoners in prison
Deterrence
Putting people off committing crime
Rehabilitation
Reforming the criminal so they stop offending
Retribution
Getting revenge on the criminal
Restitution
Putting things right for the victim and society
Sources for The British constitution
- Existing Law
- Legislation passed by Parliament
- Common Law
Fundamental principles of the law
- Presumption of innocence
- Equality before the law
- Right to representation
- Right to due process
- Right to a Fair Trial
Sources of Law
- Legislation
- Precedent
- Common Law
- European Law
International law sets basic rules for war like…
- Non targeting of civilians
- Rules on the treatment of prisoners
- Rules on how and when to declare war
