Law and Order.

What is law?

• The definition is “Law is a formal method of controlling people and society through rules set down and then enforced through courts and the legal system.”

• British law must be accountable-laws created for a good purpose.

• They need to be debated and voted for by representatives of the public(MP’s)

Different types of law.

• Case law-based on decisions made by judges in court.

• Statute law-made by politicians in the Houses of Parliament. These are Acts of Parliament.

• Delegated Legislation-parliament allows some other body to develop statute law-e.g. local council.

• European Law-comes above any British law. It means that any British case law, statute law or delegated legislation can not be passed if it is in conflict with European Law.

Crime• The definition of crime is “an act that is prohibited or

punished by the law” • Minor crimes are for example are driving a mile or two

over the speed limit, or copying CD’s onto blank CD’s.Police generally turn a blind eye.

• More serious-for example mugging, theft, murder. These are definitely punished by the law.

• Victimless crimes-it could be shareholders so a big company(some say shoplifting doesn’t harm anyone. There is the knock on effect of damaging profits which could mean less jobs or prices going up to cover the loss due to shoplifting.

Reasons why people commit crimes.

• Most are done for personal gain• Some are pre meditated-carefully planned and

thought out e.g. A bank robbery.• Crime of Passion-caused by strong feelings and

jealousy and hatred. Can be premeditated.• To get a kick out of it e.g. Joy riding, serial

murders.• Kleptomania-addicted people stealing.• Some just don’t think straight when they do a

crime e.g. Drugs, alcohol, mentally ill.

Problems for the victims

• Many crimes involve loss of property and can create financial problems for the victims e.g. pensioners, people who are uninsured.

• Some sentimental items cannot be replaced• In the case of murder the people left behind have

to try and get on. Rape victims have psychological damage and physical injuries.

• In communities where there is a lot of crime there is an atmosphere which can make things worse.

Prevent crime

Punishments• For reasonably minor crimes it may be a fine and/or

community service(speeding, criminal damage, possession of class c drugs)

• More major is prison. Sentences can vary up to life which is usually 14 years but can mean life in some cases. Sentences can be reduced if the criminal shows remorse and are well behaved in prison. Pre meditated murder almost always get a life sentence.

• Taking away privileges-a football hooligan being banned from future football matches and putting restrictions on them such as a stalker not being allowed within a certain distance of the victim.

British Justice System• CIVIL LAW• Tries to solve disputes

which may be between individuals, businesses or organisations.

• The decision is made by the court. The person in the wrong pays damages to the other party.

• Contract law, family law and employment law are all civil.

• CRIMINAL LAW• Attempts to maintain law

and order and to protect the citizens.

• Cases normally start with the Crown Prosecution Service(CPS)

• Criminal cases may end in a fine, probation, curfews or prison.

The CourtCriminal Cases

• All cases start at the Magistrates court. The more serious will go to the Crown Court

• Prosecutors(working for the CPS) will bring the case to the court on behalf of the state. The person on trial is the defendant.

• The final decision in a crown court is made by a jury of 12 people who have been selected from the electoral register.(between the ages of 18-70)

• The defendant will be found guilty(convicted) or not guilty(acquitted)

Magistrates Court• Most hearings will be heard by county or high

courts although some will go to a magistrates court.

• The person starting the case is the claimant.• At the end of the case the judge or a panel of

judges will make the decision.• The defendant will either be found liable of not

liable• A liable decision will mean the defendant will

have to put things right ,usually paying money(damages) to the claimant.

Different types of Courts.• European Court of Justice-deals with all law made

by the European Union.• The European Court Of Human Rights-decides on

cases brought under the European Convention of Human rights

• The Court of Appeal-listens to appeals by people who they have been unfairly treated by lower courts.

• The House of Lords-the highest appeal in Britain• The Coroner’s Courts-deal with investigations

into sudden deaths or suspicious deaths.

What Age?• 14-work part-time and by soft drinks in a pub• 16-buy cigarettes and smoke in public places, leave

home without parental permission, leave school once GCSE’s are finished, have heterosexual sex(with people who are at least 16 also), get married with parental consent.

• 17-drive a car• 18-buy alcohol and drink in a pub, vote in elections,

make a will, have sex with another man if you are a man, get married without parental consent, buy or rent a house, get a mortgage, go to a casino, buy fireworks

• 21-adopt a child, stand for parliament as an MP

Youth Courts• The Youth court is a division of the Magistrates court

and deals with people under 18.• Youth panel magistrates and District judges sentence

young offenders. they receive legal advice from the Justices Clerk.

• The CPS presents the facts to the court.• All young people are entitled to be represented by a

defence solicitor.• Punishments vary from a fine to time in a Young

Offender institution. They will also get a criminal record which can affect employment opportunities

Your rights with the police• Police have a code of Practise they have to follow.• If a police officer stops you, you have a right to know why.• If you are arrested you have to tell the police your name and

address. You have a right to remain silent until you’ve received legal advice.

• If police search you or your car you have a right for an explanation and a written record of the search afterwards.

• Police cannot search property without a warrant unless they believe a serious offence is happening in your property.

• If you are arrested they can generally hold you for up to 24 hrs.They can extend it up to 96 hrs and suspected terrorists can be held even longer.

Your Rights with the Police Cont.

• People under the age of 17 should have a parent or an ‘appropriate adult’ with them in interviews.

• Whilst in custody you should be looked after decently with heating, regular meal breaks , etc

• If you are unhappy with police conduct you can make an official complaint at the police station or in writing to the Chief constable

Fairness of the law.

• Sometimes mistakes are made or sometimes people in the law are corrupt.

• A gross miscarriage of justice is when someone has been wrongly convicted. An independent body called the Criminal Cases Review Commission try to sort it out and sends the cases back to the court of appeal