W1 introduction and principles Flashcards
What is Common Law?
Law formed as a result of setting a legal precedent, developed through courts, not parliament
What is Statute Law?
Law devised and managed by Acts passed in Parliament, supported by regulations
How does a Statute become an Act of Parliament?
They begin in parliament as Bills (public or private) -> first and second readings -> the committee stage -> third reading -> passed to the other house -> royal assent and act of parliament
What are regulations also known as?
Statutory Instruments
What is Civil Law?
Establishes rights against the individual, regulates relationships between individuals and individuals and organisations
Can lead to a variation of a licence or permit but the regulator
What is Criminal Law?
So all individuals and organisations understand the constraints of acceptable conduct within a country
Typically req both mental and physical element (except enviro law)
What is Primary Legislation in UK Law?
Acts of Parliament - covers broad areas
e.g climate change act
What is Secondary Legislation in UK Law?
Regulations or statutory instruments
Technical instruction, procedures, standards
What is Tertiary Legislation in UK Law?
Guidance documents, regulator policy docs, these can be out of date and may refer to revoked legislation
What is are EC Regulations?
Direct law with no further action from member states
Immediately applicable
What are EC Directives?
‘binding as to the result to be achieved’
3 year transposition period
e.g. WEEE
Where is criminal law dealt with?
Through Criminal Courts
Who are the prosecutor and defendant
Prosecutor: the party leading the criminal prosecution, e.g. the Environment Agency
Defendant: the party being tried for the criminal offence, i.e. a person or an organisation
What type of case would the magistrates court deal with?
‘lesser’ cases, breach of duty of care, referred to as a summary conviction, penalty up to £5000
Give an example of a Magistrates Court case
12th Sept 2019
Anglian Water ordered to pay £156,000 for polluting Northamptonshire Brook with sewage
Prosecution: EA
Leicester Magistrates Court fined the company £146,000 and ordered payment of £10,676 in costs after the failures were found to be due to negligence
Pollution occurred for 2 days 2016
What type of case would the Crown Court deal with?
‘more serious’ cases
An offence dealt with at the Crown Court would be a conviction on indictment
Unlimited fine/prison sentence
Give an example of a Crown Court case
Terry Soloman Dugbo 7.5 year sentence, after defrauding the electrical waste recycling industry £2.2 million in 2016. EA investigation.
Feb 2019 Dugbo was ordered to pay back £1.3 million, failed to do so and was sentenced to another 8 years among other related offences, he will now serve a total of 16 years
What is a fixed penalty notice?
Less common, for minor administrative breaches of the law, can be issues by regulators e.g. EA, Local Authorities
Is a fine set by the EA
Define Pollution
Pollution: to the environment due to the release (into any environmental medium) from any processes or substances which are capable of causing harm to man or any other living organisms supported by the environment
Who is the burden of proof on in Criminal Law?
The Crown or Representative of the Crown
Who is the burden of proof on in Civil Law?
The Claimant
Define Harm
Harm: harm to the health of living organisms or other interference with ecological systems of which they form part and, in the case of man, includes offence caused to his senses or harm to his property
Harm operates in thresholds
Where would a summary conviction happen?
Magistrates Court
Where would a conviction on indictment happen?
Crown Court
