The Nature of Law

Frage	Antworten
What Is Law?	A set of rules that allows us to do certain things & prevents us from doing others
What 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
What is Private Law?	That whihc affects individuals/businesses eg. civil contract law. Purpose=to settle disputes
Why do we need law?	1) To maintain law and order 2) Protect individual freedoms 3) Setting standards
How are Laws made? Acts of parliament	HOC-HOL-Monarch
How are Laws made? Delegated Legislation	Where Goc allow final law to be made by individual/organisation eg. bylaw by council on region
How are Laws made? European Law	UK 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)
Judicial Precedent	The decisions of judges incase law that binds future courts. Stare decisis (stand by the decision)
Heirachy of Criminal Courts	European Court of Justice-Supreme Court (HOL)-Court of Appeal (crim div)-Queen's Bench Div court-Crown Court-Magistrates' Court
Balance 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
Is 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
Police Powers to stop and search	PACE 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
PACE 84 Code of practice A	Safeguarding the public: The police cannot stop & search on basis race, age, apprearence, previous convictions'
Police Powrs to arrest	PACE 84 S24: Police can arrest: About to commit (reasonable grounds for suspecting), In the act of committing (reasonable grounds), have already comitted (reasonable grounds)
Necessity 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
Aims of sentencing	Punishment, reformation/rehabilitation, reparation, detterence, protection of public
Sentencing 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 )
Sentencing 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
Sentencing for adults (21+) Fines...	Magistrates'- <£5000 (18+) <£20,000 for breaches of H&S regulations Crown Court-Unlimited depending on offence
Discharges from custody	Conditional: Don't commit further offence during set period <3 years Absolute: Freeeeee
Young 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
Young 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
Young 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
Young 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.
Young People Sentencing (>21) Community Sentences REPARATION ORDER...	>18, must reoay victim eg. financial, or repay community eg. clean graffiti
Fine amounts (£)	10-13 yrs= >£250 14-17 yrs= >£1000 18+yrs= max fine for crime
Factors that influence sentencing	Aggrovating: 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)
Lay Magistrates	LAY: sit in groups of 3, summary offences Sometimes case heard by district judge (qualified lawyer) sits alone
Requirements 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
What are the 6 Key qualities to be a magistrate?	Good character, understanding & communication skills, social awareness, maturity & sound temperament, sound judgement, commitment & reliability
Advantages of using Magistrates	Local 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
disadvantages of using Magistrates	May 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)
Jury qualifications	12 members, registered on electoral register, 18-70, UK resident at least 5 yrs, not mentally disordered, not disqualified
Jury Disqualifications	PERMANENT: 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
Juries-role & selection	ROLE: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)
Advantages of juries	Independent (not forced into decision), public confidence, privacy, neutral, low cost
Disadvantages of Juries	Secrecy (no reason), bias, media influence, lack of understanding-long (legal points must be explained)

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