Karteikarten
The Nature of Law
Karten in diesem Stapel (37)
- 1What Is Law?A set of rules that allows us to do certain things & prevents us from doing others
- 2What is Public Law?That which affects the whole of society eg. criminal law. Purpose= To stop certain types of act/omission whihch could cause physical danger to others
- 3What is Private Law?That whihc affects individuals/businesses eg. civil contract law. Purpose=to settle disputes
- 4Why do we need law?1) To maintain law and order
2) Protect individual freedoms
3) Setting standards - 5How are Laws made? Acts of parliamentHOC-HOL-Monarch
- 6How are Laws made? Delegated LegislationWhere Goc allow final law to be made by individual/organisation eg. bylaw by council on region
- 7How are Laws made? European LawUK joined EU 1973. Treaties (direct EU law), Regulations (similar to acts of p) Directives (direct to EU members on what law should be & that member must then pass own legislation)
- 8Judicial PrecedentThe decisions of judges incase law that binds future courts.
Stare decisis (stand by the decision) - 9Heirachy of Criminal CourtsEuropean Court of Justice-Supreme Court (HOL)-Court of Appeal (crim div)-Queen's Bench Div court-Crown Court-Magistrates' Court
- 10Balance between citizen's rights and police powers-PACE & Codes of practise mean police=regulated
-Can complain
-Having clear powers for police=us feel safer
-Other laws ensure cannot be discrimated
-Police comply with HR act 1998 - 11Is law succesful in balancing police powers with individuals' rights?Yes- PACE & codes of practise helps do job correctly, clear rules= know what allowed to do so police can't take advantage, police have to protect HR, if law followed appeal=unlikely this gives law certainty so D knows they deserved to be caught & police=doint job correctly society=trust law
- 12Police Powers to stop and searchPACE 84 SECTION 1: power to stop & search persons/vehicles in public places
PACE 84 SECTION 2: if not in uniform=documentary evidence (warrant card), inform name & station, reason for search, request jacket/coat/gloves in public - 13PACE 84 Code of practice ASafeguarding the public: The police cannot stop & search on basis race, age, apprearence, previous convictions'
- 14Police Powrs to arrestPACE 84 S24: Police can arrest:
About to commit (reasonable grounds for suspecting), In the act of committing (reasonable grounds), have already comitted (reasonable grounds) - 15Necessity Test-in order to carry out arrest...1) Find out suspects name/adress
2) Prevent person causing physical injury to selves, others or recieving
3) Protect chiold/vulnerable
4) Allow effective investigation of offence
5) Prevent suspect from disappearing ehile offence is investigated - 16Aims of sentencingPunishment, reformation/rehabilitation, reparation, detterence, protection of public
- 17Sentencing for adults (21+) Custodial...Appropriate length, decided by judge max set out in Act of P, judge could issue
-spended (free if commit then that crime + old sentence),
-intermittent sentence (custodial at weekends to fit around job/family ) - 18Sentencing for adults (21+) Community Orders...Aim=to reform away from prison& provide comprensation eg.
-unpaid work (40-300 hours)
-exclusion from activities
-curfew
-mental health treatment
-alchohol treatment
-residence requirement - 19Sentencing for adults (21+) Fines...Magistrates'- <£5000 (18+) <£20,000 for breaches of H&S regulations
Crown Court-Unlimited depending on offence - 20Discharges from custodyConditional: Don't commit further offence during set period <3 years
Absolute: Freeeeee - 21Young People Sentencing (>21) Custody...-YOI: 18-20 yrs, >max allowable for sentence, reach 21-go to adult
-Secure Training centre: >17 y/o, rehab through education, 25 hours p/w 50w p/y
-Local Authority secure children's homes: home ran by social services, 12-14y/o girls>16y/o, boys 15-16 assesed as vulnerable to crime - 22Young People Sentencing (>21) Community Sentences ACTION PLAN ORDER...Action Plan: >18, adresses reasons why, intensive community programm >3m, supervised by youth offending team, incl repairing harm done to victim./community through education
- 23Young People Sentencing (>21) Community Sentences SUPERVISION ORDER...10-16 y/o, offender has probation officer/soeone from social services as superviser >3 years. Purpose= personal development, order can insist eg. stays in specific accomodation, takes part in activity >180days etc. If order in place when 17 y/o new sentence passesd
If order is breahed offender can be: fined >£100/order changed/attendance centre order - 24Young People Sentencing (>21) Community Sentences ATTENDANCE CENTRE ORDER...>25 where prison is possible, go to centre for specified hours in period, >16 y/o=12-14 hours, 16-25 y/o= 12-36 hours. Centres run by police on sat afternoon, sessions=PE/practical courses.
If offender breaches order=sentence for origional ie. prison. - 25Young People Sentencing (>21) Community Sentences REPARATION ORDER...>18, must reoay victim eg. financial, or repay community eg. clean graffiti
- 26Fine amounts (£)10-13 yrs= >£250
14-17 yrs= >£1000
18+yrs= max fine for crime - 27Factors that influence sentencingAggrovating: Previous convictions, ring leader, weapons, planned, racial, religously motivated, disability, secual orientation
Mitigating: D provoked, not planned, tried to help others by commiting offence, D drug addict
Guilty Plea at earliest opportunity: Reduce by >1/3 (not murder) - 28Lay MagistratesLAY: sit in groups of 3, summary offences
Sometimes case heard by district judge (qualified lawyer) sits alone - 29Requirements to be a magistrate (5)1) 6 key qualities
2) 18-65 y/o (sit to 70)
3) Commit to sitting for at least 26 1/2 days p/y
4) No serious crim record
5) Not be disqualified eg. police officer, memberof armed forces, traffic wardens - 30What are the 6 Key qualities to be a magistrate?Good character, understanding & communication skills, social awareness, maturity & sound temperament, sound judgement, commitment & reliability
- 31Advantages of using MagistratesLocal knowledge (choose longer sentence for certain crimes-live/work in area), good cross secion of society, low cost (volunteers-only expenses), speedy (4-5 cases per hour) good balance of men/women & ethnic balance, represent people, good training which is reviewed, acess to legal advisor, few decisions appeald
- 32disadvantages of using MagistratesMay not have good local knowledge (after courts act 2003 magistrates from different areas can sit in any court), may not be a broad cross-section of society (middle age, class, white men) Inconsistencies in sentencing (some more lenient)
- 33Jury qualifications12 members, registered on electoral register, 18-70, UK resident at least 5 yrs, not mentally disordered, not disqualified
- 34Jury DisqualificationsPERMANENT: on bail, life sentence, prison for pub protection, 5 yr detentipon
FOR 10 YEARS: part of sentence served in last 10 years, suspended sentence=10 years, community sentence=10 years,
EXCUSAL: served in last 2yrs, problems understanding english, religous order, armed forces - 35Juries-role & selectionROLE:Listen, decide
SELCETION: summons, vetting (police checks not disqualified), Selection in court-15-12 (random) Challenges by proseution and defence (individual=to the cause, whole jury=to the array) - 36Advantages of juriesIndependent (not forced into decision), public confidence, privacy, neutral, low cost
- 37Disadvantages of JuriesSecrecy (no reason), bias, media influence, lack of understanding-long (legal points must be explained)
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- Criminal courts and Criminal processes
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- chloe.england10
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