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WJEC Level 3 Criminology (KEDST 2023/24). > UNIT 4 - AC1.1 - Describe processes used for law making. > Flashcards

UNIT 4 - AC1.1 - Describe processes used for law making. Flashcards

1
Q

What are other names for the ‘law’?

[AC1.1]

A
  • Statute.
  • Legislation.

[AC1.1]

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2
Q

What is Parliment made up of?

[AC1.1]

A
  1. The House of Lords.
  2. The House of Commons.
  3. The Monarch.

[AC1.1]

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3
Q

How are laws made in the UK?

[AC1.1]

A

Laws are made by passing Acts of Parliament.

[AC1.1]

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4
Q

How many members are in the House of Commons? Who do they represent?

[AC1.1]

A

650 Members of Parliament (MPs). They each represent a constituency (different area of the country).

[AC1.1]

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5
Q

How are MPs elected?

[AC1.1]

A

Through General Elections.

[AC1.1]

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6
Q

How many members are in the House of Lords? Who are they?

[AC1.1]

A

800 members. They are peers which can be hereditary, life or archbishops.

[AC1.1]

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7
Q

What is the main role of the members of the House of Commons?

[AC1.1]

A

They represent people and take any concerns/ interests of society. They consider and propose new laws and provide scrutiny of the government.

[AC1.1]

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8
Q

What is the main role of the members of the House of Lords?

[AC1.1]

A

They act as a double check on the work of the House of Commons. They also scrutinise the work of the government and about 60% of their work is law creation.

[AC1.1]

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9
Q

What is a Bill and what are the 2 types?

[AC1.1]

A

A draft of a proposed law presented to parliament for discussion. The 2 types are: Private and Public Bills.

[AC1.1]

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10
Q

What is the order of the steps in creating a law?

[AC1.1]

A
  1. Consultation Stage.
  2. Green Paper.
  3. White Paper.
  4. House of Commons.
  5. First Reading.
  6. Second Reading.
  7. Committee Stage.
  8. Report Stage.
  9. Third Reading.
  10. House of Lords.
  11. Ping-pong.
  12. Royal Assent.

[AC1.1]

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11
Q

What is the first process in creating a law?

[AC1.1]

A

A written proposal for a new law (creating a Bill).

[AC1.1]

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12
Q

What are the differences between Government Bills and Private Member Bills?

[AC1.1]

A

Government Bills are sponsored by the government. Private member bills are only from MP’s of peers.

[AC1.1]

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13
Q

Why are Government Bills more likely to take priority over Private Member Bills?

[AC1.1]

A

Because Government Bills recieve more support, have more power and affect everyone. Private Member Bills don’t really get enough support.

[AC1.1]

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14
Q

What is the Second Stage of creating a law? What happens in it? CS?

[AC1.1]

A

The Consulation Stage - the opinions of lots of people are got (both experts and odinary members of the public).

[AC1.1]

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15
Q

What happens after the Consultation Stage?

[AC1.1]

A

The Green Paper - this is a discussion document which helps to start discussions around the ideas.

[AC1.1]

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16
Q

What follows the Green Paper? Explain what it is.

[AC1.1]

A

The White Paper - this is a more formal document version of the green paper, which is more legal.

[AC1.1]

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17
Q

What comes after the White Paper? What is its purpose?

[AC1.1]

A

The first reading of the bill - nothing is actually read it is just presenting the white paper (introduction of the bill’s idea).

[AC1.1]

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18
Q

What is after the First Reading of the bill?

[AC1.1]

A

Second Reading - Explained by a minister and then Considerated, debated, and voted on the main principles of the Bill - First stage of scrutiny.

[AC1.1]

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19
Q

What is after the Second Reading of the bill? What happens?

[AC1.1]

A

Committee Stage - a committee of MP’s will be assigned/ take charge of the bill. They unpick it and make ammendments to the bill.

[AC1.1]

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20
Q

What Stage happens after the Committee Stage?

[AC1.1]

A

Report Stage - Review, debate, and voting on amendments based on the committee’s report (taken back to House of Commons).

[AC1.1]

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21
Q

What happens after the Report Stage and where does it go after?

[AC1.1]

A

Third Reading - Final debate, no further amendments allowed, and vote to pass or reject the Bill. After it gets passed to the House of Lords.

[AC1.1]

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22
Q

How does the Committee Stage in the House of Lords differ from the House of Commons?

[AC1.1]

A

The bill is scrutinised by all the Lords at the same time. They unpick it line by line .

[AC1.1]

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23
Q

What happens once the House of Lords has ammended the bill?

[AC1.1]

A

It gets passed back to the House of Commons and thereafter back to the House of Lords until both Houses are satisfied with the Bill. ”Ping-Pong”

[AC1.1]

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24
Q

What is it called when the Bill gets passed back and forth between the House of Commons and House of Lords?

[AC1.1]

A

Ping-Pong.

[AC1.1]

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25
Q

What happens once Ping-pong has taken place and both Houses have agreed on it?

[AC1.1]

A

It gets passed to the Monarch to recieve Royal Assent - turning the Bill into an Act of Parliament.

[AC1.1]

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26
Q

Why should the Monarch agree on the bill that has been passed up?

[AC1.1]

A

Because it has been discussed and scrutinised by the Government and so represents the will/ view of society.

[AC1.1]

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27
Q

Approximately how long does it take to create a law?

[AC1.1]

A

1 year.

[AC1.1]

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28
Q

What are the consequences of rushing the law making process?

[AC1.1]

A

It means the law won’t be good and it would lead to disagreements within society. This will start protests/ rioting.

[AC1.1]

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29
Q

What is an example of a Law which was rushed?

[AC1.1]

A
  • Dangerous Dogs Act 1991.
  • Zombie Knives.

[AC1.1]

30
Q

How is ‘The Criminal Justice Act 2003’ and example of a statute?

[AC1.1]

What is it? What law was it involved in?

A

It is an Act of Parliment which helped to modernise the CJS. It provided a sentencing framework which is a lot clearer and more flexible than the current one.

[AC1.1]

It introduced the Double Jeopardy Law - can’t be tried more than once for the same crime.

31
Q

How is ‘The Crime Sentences Act 1997’ and example of a statute?

[AC1.1]

A

It is an Act of Parliment which introduced Mandatory Minimum Sentences for serious offences.

[AC1.1]

32
Q

What 2 processes can a judge make a law?

[AC1.1]

JP and SI.

A
  • Judicial Precedent.
  • Statutory Interpretation.

[AC1.1]

33
Q

What is Judicial Precedent?

[AC1.1]

A

Where the past decisions of judges on cases can help to create a precedent - laws for future judges to follow. Judges therefore treat similar cases in the same way. this creates certainty, consistency and fairness.

[AC1.1]

34
Q

What are 2 Similar cases which help to explain Judicial Precedent?

[AC1.1]

A
  • Donoghue v Stevenson (1932).
  • Daniels v White (1938).

[AC1.1]

35
Q

What happened in the Donoghue v Stevenson (1932) case?

[AC1.1]

A

A bottle of ginger beer had the remains of a decomposing snail in it. A woman became ill and sued the manufacturer.

[AC1.1]

36
Q

What happened in the Daniels v White (1938) case?

[AC1.1]

A

A bottle of lemonade was found to have corrosive metal in it, after it burnt a man’s throat. He also sued for compensation.

[AC1.1]

37
Q

How do the Donoghue v Stevenson and Daniels v White cases show a precedent?

[AC1.1]

A

Both cases involve a bottle of a drink which was bought, containing something inside which had consequences on the person that drank them. In both cases they sued the companies after being charged similarity.

[AC1.1]

38
Q

True or False?

Decisions made by higher courts automatically create a binding precedent in which all lower courts must follow.

[AC1.1]

A

True.

[AC1.1]

39
Q

What are the 3 exceptions to Precedent?

[AC1.1]

A
  1. Distinguishing Factors.
  2. Overrulling Factors.
  3. Reversing factors.

[AC1.1]

40
Q

What is meant by the ‘Distinguishing’ exception to Precedent?

[AC1.1]

A

They can’t be followed exactly as there are key elements which aren’t the same.

[AC1.1]

41
Q

Give a set of case examples of the ‘Distinguishing’ Exception to precedent.

[AC1.1]

A
  • Read v Lyons (1947) - workers were injured in a factory explosion.
  • Rylands v Fletcher (1868) - factory kept “dangerous things” - there was an incident.
  • Distinguishing Factor was there was NO escape in Rylands v Fletcher case.

[AC1.1]

42
Q

What is meant by the ‘Overruling’ exception to Precedent?

[AC1.1]

A

Higher Courts are able to overrule a legal decision made by lower courts. All lower courts then have to follow this.

[AC1.1]

43
Q

Give a case example of the ‘Overruling’ Exception to precedent.

[AC1.1]

A
  • R v R (1991) - marital rape case in which had an age old precedent of irrovocable consent.
  • This was overruled by the Court of Appeal.

[AC1.1]

44
Q

What is meant by the ‘Reversing’ exception to Precedent?

[AC1.1]

A

A higher court changes a decision made in a lower court (usually made in the Court of Appeal) - Only change for the single case.

[AC1.1]

45
Q

True or False?

The exceptions to precedent can only be permitted by the Court of Appeal.

[AC1.1]

A

False.

[AC1.1]

They can only be permitted by superior courts such as the Supreme Court.

46
Q

What is Statutory Interpretaton?

[AC1.1]

A

Judges in higher more superior courts can sometimes be asked to interpret the words and phrases within a statute (law).

[AC1.1]

47
Q

What are the 3 main interpretation rules judges have to interpret the law?

[AC1.1]

A
  1. The Literal Rule.
  2. The Golden Rule.
  3. The Mischief Rule.

[AC1.1]

48
Q

What does it mean by the ‘Literal Rule’?

[AC1.1]

A

It is where the courts simply look at the words of the statute and apply them as they are written giving them their ordinary and natural meaning.

[AC1.1]

49
Q

What are the Advantages (+) of the Literal Rule?

[AC1.1]

A
  • It can highlight faulty legislation to law-makers.
  • It offers certainty of the meaning.

[AC1.1]

50
Q

What are the Disadvantages (-) of the Literal Rule?

[AC1.1]

A
  • Sometimes it can produce absurd results.
  • It could be seen as too simplistic.
  • It expects too much of parliment.

[AC1.1]

51
Q

What two Cases can show Examples of the Literal Rule in use?

[AC1.1]

A
  • Cheeseman v DPP (1990).
  • LNER v Berriman (1946).

[AC1.1]

52
Q

- Literal Rule -

What happened in the Cheeseman v DPP (1990) case?

[AC1.1]

Why was he let off?

A

Cheeseman was caught exposing himself to 2 plain clothed police officers in a public toilet.

[AC1.1]

Because the police weren’t deemed as ‘passengers’ (passers by), he was let off.

53
Q

- Literal Rule -

What happened in the LNER v Berriman (1946) case?

[AC1.1]

Why did his family not get compensation?

A

Berriman was a railway worker who got killed by an oncoming train whilst oiling points on the track.

[AC1.1]

Because the court deemed he wasn’t repairing or relaying the tracks, which was what the Fatal Accidents Act 1864 stated.

54
Q

What does it mean by the ‘Golden Rule’?

[AC1.1]

A

Courts must interpret a statute “according to the intent of them that made it”. It is used to avoid the creation of absurb results.

[AC1.1]

55
Q

What is the Narrow Approach for the ‘Golden Rule’?

[AC1.1]

A

Choosing the meaning where the wording is open to more than one interpretation.

[AC1.1]

56
Q

What is the Wide Approach for the ‘Golden Rule’?

[AC1.1]

A

Where the words are not ambiguous, the judge can choose not to follow the ordinary approach but gives a new meaning to the words to bring about a better result.

[AC1.1]

57
Q

What are the Advantages (+) of the Golden Rule?

[AC1.1]

A
  • It can be seen as following the true intention of parliment.
  • It brings common sense to the law.

[AC1.1]

58
Q

What are the Disadvantages (-) of the Golden Rule?

[AC1.1]

A
  • It holds parliment to very high standards.
  • It gives power to the judges to *interpret *and adapt the law in specific areas.

[AC1.1]

59
Q

What two Cases can show Examples of the Golden Rule in use?

[AC1.1]

A
  • R v Allen (1872).
  • Adler v George (1964).

[AC1.1]

60
Q

- Golden Rule -

What happened in the R v Allen (1872) case?

[AC1.1]

Which approach to the golden rule does this show?

A

He was charged with Bigamy (marrying 2 wives at the same time). Under Section 25 of Offences Aganist the Person Act 1861, the second meaning of marriage had to be chose otherwise no-one could marry twice legally.

[AC1.1]

The narrow approach.

61
Q

- Golden Rule -

What happened in the Adler v George (1964) case?

[AC1.1]

A

Under Section 3 of the Official Secrets Act 1920 it was an offence to be ‘in the vicinity of’ a prohibited place (in this case an RAF base). He argued that as he was on the actual site he could not be in the vicinity.

[AC1.1]

62
Q

What does it mean by the ‘Mischief Rule’?

[AC1.1]

3 things for judges to consider.

A

It says judges should consider:
1. What the law was before the statute was passed.
2. What problem, or ‘mischief’, the statute was trying to remedy.
3. What remedy Parliament was trying to provide.

[AC1.1]

Remedy - something that corrects an evil, rights a wrong, or makes up for a loss.

63
Q

What are the Advantages (+) of the Mischeif Rule?

[AC1.1]

A
  • It helps to avoid absurd outcomes.
  • It promotes flexibility. It allows the law to change and develop to match society.

[AC1.1]

64
Q

What are the Disadvantages (-) of the Mischief Rule?

[AC1.1]

A
  • The law is very old and may be considered as having traditional views.
  • It allows judges to bring their own bias and prejudices to the court and into their judgements.

[AC1.1]

65
Q

What two Cases can show Examples of the Mischief Rule in use?

[AC1.1]

A
  • Smith v Hughes (1960).
  • Royal College of Nursing v DHSS (1981).

[AC1.1]

66
Q

- Mischief Rule -

What happened in the Smith v Hughes (1960) case?

[AC1.1]

A

The Street Offences Act 1959 made it a criminal offence for a prostitute to solicit potential customers in a street or public place. In this case, the prostitute was not actually in the street, but in a house, and tapping on the window to attract the attention of the men walking by.

[AC1.1]

67
Q

- Mischief Rule -

What happened in the Royal College of Nursing v DHSS (1981) case?

[AC1.1]

A

The nurses were trying to determine whether or not they were administrating abortions legally. Under the 1967 Abortion Act, they must be carried out by ‘registered practitioners’. The question was were they ‘registered practitioners’?

[AC1.1]

68
Q

What is Purposive Approach for the ‘Golden rule’?

[AC1.1]

A

It looks beyond the words of the legislation at the purpose behind it. (Find the broader meaning).

[AC1.1]

69
Q

What are the Advantages (+) of the Purposive Approach for the ‘Golden rule’?

[AC1.1]

A
  • It gives effect to parliments true intentions.
  • It helps to avoid absurd results.

[AC1.1]

70
Q

What are the Disadvantages (-) of the Purposive Approach for the ‘Golden rule’?

[AC1.1]

A
  • It can only be used if the parliments intentions are known.
  • It is better suited to the EU law.

[AC1.1]

WJEC Level 3 Criminology (KEDST 2023/24). (10 decks)

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