UNIT 4 - AC 1.1-1.3 Flashcards
Where does a Bill typically start?
The House of Commons
What is a Green paper?
When a new law is considered, a Green paper is released for public consultation
What is a white paper?
A formal proposal with amendments based on public response/consultation.
What happens at the First reading?
The name of the Bill and it’s main aims are read out and a formal vote it taken
What happens at the Second reading?
The main debate takes place followed by a second vote
What happens at the Committee stage?
A closed group people look closely at the Bill to address any issues and suggest amendments
What happens at the Report stage?
The Committee reports back to the full house who then vote on the proposed amendments
What happens at the Third reading?
The final vote on the Bill, the Bill proceeds, this process is repeated in the House of Lords, who can send the Bill back to the House of Commons if they are unhappy with it. The Houses can send the Bill back and forth until both parties are happy with it
What happens at the Royal assent?
The monarch signs the Bill, they cannot refuse as it is a symbolic stage.
What is judicial precedent?
Law made by judges in courts. When a case appears before them they must make a judgement and this forms the law. Has a hierarchy of courts Decisions made in a higher court creates an original precedent for all lower courts
What are the exceptions of judicial precedent? Distinguishing definition
The judge finds the facts in the present case are different from the previous one and will allow them to reach a different decision and not follow precedent.
What are the exceptions of judicial precedent? overruling definition
Where a court higher up the hierarchy states that a legal decision in an earlier case is wrong and overturns it.
The definition of judicial processes of law making: Statutory interpretation
Judges can make laws by the way they interpret the statutes or Acts of Parliament.
The 3 rules of judicial processes of law making: Statutory interpretation
The literal rule
The golden rule
The mischief rule
The Literal rule definition
Judges should use the everyday meaning of the words in a statute BUT-words can have several meanings.
Eg. R v Maginnis (1987)-case involving illegal drugs-different meanings were found for the word supply.
The golden rule definition
The literal rule can sometimes lead to an absurd result.
The golden rule can be applied to avoid this happening.
In the case Adler v George (1964) Adler stated he had not broken the law because he was not literally in the vicinity of a prohibited place but was actually in it.
The court chose to apply the golden rule to avoid an absurd result and Adler was convicted.
The mischief rule definition
The mischief rule allows the court to enforce what the statute was intended to achieve, rather than what the words actually say.
In Corkery v Carpenter (1951) , Corkery was found guilty even though he had been in charge of a bicycle
Name the 5 areas of the criminal justice system
- police
- courts
- crown prosecution service
- prisons
- national probation service
What is the role of the police?
To arrest offenders
Protect victims/the public
To enforce criminal law.
They investigate crimes.
How does the police work with other agencies? 3 points
- work with courts - making sure defendants attend and often giving evidence in court
- work with probation in the management of an offender
- work closely with CPS in the charging and prosecuting of offenders
What is the role of the courts?
Oversees the work of:
1. HM courts and tribunals service
2. probation services
3. prison systems
What is the role of the HM courts and tribunals service?
Responsible for the administration of criminal, civil and family courts tribunals
How does the HM courts and tribunals service work with other agencies? 2 points
- contributes to law creation through judiciary precedent and statutory interpretation
- works with police to ensure safe delivery of prisoners to court
What is the role of the CPS?
Prosecutes criminals that have been investigated by the police
How does the CPS work with other agencies? 2 points
- advise the police on charging a suspect
- appear in the courts to conduct the advocacy of a case
What is the role of the His Majesty’s Prison Service?
Keep offenders who are sentenced in custody
How does the HMPS work with other agencies? 2 points
- if the defendant’s denied bail by police or court they get sent back to prison
- work with probation services if prisoner is released
What is the role of the national probation service?
Responsible for watching offenders in the community after being released
How does the national probation service work with other agencies? 1 point
- they work with police because the police arrest prisoners while on probation - if it is breached and take them back to prison.
What is the role of the sentencing council? 1 point
- work with judiciary and other legal professionals to produce guidelines on sentencing
What is the role of campaigns for change?
Aim for social change by giving those without one a voice
How do campaigns for change work with other agencies? 1 point
- can work with various agencies to support effective change
Summarise the criminal justice procedure in 4 steps
- police arrest a suspect
- suspect appears in court for a trial to determine if they are guilty
- if found guilty could be sentenced to prison for a term determined by judge
- once released from prison are overseen by probation service.
What are the 2 models of the criminal justice system?
- Crime control model
- Due process model
What is the crime control method?
They are presumed guilty
The crime-control model emphasises the quick processes of defendants
Punishment of offenders according to the severity of their crimes.
What 2 theories link to the crime control method?
- Right realism - e.g links with zero tolerance policing, it favours giving the police greater powers to suppress crime.
-Functionalism - links because it believes that punishment reinforces societies moral boundaries.
What are the 2 laws that support the crime control method?
- Allowing courts to consider bad character as evidence
- Removal of double jeopardy law for serious offences
Outline a case example that used crime control method
Rachel nickel murder - Colin Stagg: Police used Lizzie James undercover letters to try and obtain a conviction.
What are the 3 main principles of the Due Process model?
he due-process model focuses on the rights of the defendant human Rights Act 1998: presumed innocent until proven guilty, aims at individualising rehabilitation programs for those found guilty.
Links with left realism - believes that police should follow due process by acting in a lawful way in order to stop crime
Give an example of a case which links to the due process model
Sion Jenkins: appealed 3 times which shows presumption of innocence and time spent on one case.
