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Description
Flashcards by chloe.england10, updated more than 1 year ago
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Created by chloe.england10
over 9 years ago
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| Question | Answer |
| 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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