English Law Final

• What is the role of the government in the English legal system?

  The government contributes by funding legal aid and supporting services like police and prisons.
• How does the government support the legal system financially?

  By funding legal aid and supporting related services such as police and prisons.
• What are the two main departments that shape the English legal system?

  The Ministry of Justice and the Home Office.
• What was the responsibility of the Ministry of Justice before 2007?

  It was taken by the Lord Chancellor Department.
• Who was always a qualified lawyer in the English legal system?

  The Lord Chancellor.
• What are the two main responsibilities of the Ministry of Justice?

  Managing courts, prisons, probation services, and reforming the criminal justice system.
• What were the responsibilities of the Lord Chancellor Department?

  • Define and deliver service standards through Her Majesty’s Courts and Tribunals Services
  • Computerization of the legal system
  • Overseeing court buildings and their configuration
• What is the concordat in relation to the judiciary?

  It is an agreement that supports the independence of the judiciary.
• What is the role of the Judicial Office?

  To manage judges, including performance analysis and appraisals.
• What are the functions of the Judicial Appointments Commission established in 2005?

  • Initially exclusive to special barristers, now includes solicitors
  • Aims to increase judicial diversity for women, ethnic minorities, and people with disabilities
• What is the purpose of the Law Commission established in 1965?

  • To keep the law of England and Wales under review
  • To codify complex areas of law
  • Composed of 5 commissioners with support teams
• What is one of the oldest institutions related to the English legal system?

  The Home Office.
• What responsibilities does the Home Office lead in?

  Crime reduction, immigration, drugs prevention, race equality, and internal terrorist threats.
• What is one responsibility of the Home Office related to crime?

  Crime reduction.
• What does the Home Office handle regarding immigration?

  Immigration and nationality.
• How does the Home Office contribute to race equality?

  By leading initiatives for race equality and diversity.
• What is one of the responsibilities of the Home Office regarding drugs?

  Drugs prevention.
• What does the Home Office address concerning internal threats?

  Internal terrorist threats.
• What are the three different stages of the criminal justice process?

  Pre-trial stages, trial and sentencing stages, post-trial stages
• What are the roles of the police and the crown prosecution service in the pre-trial stages?

  • Committing, reporting, and recording of crime
  • Investigation stage: police powers
  • Decision stage
• What are the principal powers of the police during the investigation stage?

  The power to stop and search, arrest and detain, question, and enter and search premises
• What does the power to stop and search entail?

  • Applies to people and vehicles
  • Requires reasonable grounds for suspicion
  • Can be based on stolen goods, offensive weapons, theft, or unauthorized vehicles
• What changes occurred to the stop and search power after the year 2000?

  The power was widened and allowed extensive use in anticipation of violence with proper authorization
• What must police officers do when exercising stop and search powers?

  Give their names, state their authority, explain the reason for the search, and take a record
• What are the two types of arrest powers held by police?

  • Arrest with a warrant: requires a court-issued warrant
  • Arrest without a warrant: general authority to arrest suspected individuals
• What must police do for an arrest to be valid?

  Make it clear, by word or action, that there is a ground for an arrest
• What happens during detention at a police station?

  • Questioning occurs
  • Fingerprints and DNA samples can be taken
  • Review of the case within 24-36 hours for charging or release
• What is the maximum detention period for terrorism offences under the Protection of Freedoms Act 2002?

  13 days, with a possibility of extension to 28 days in emergencies
• What must happen if a person is detained?

  They must be brought before a court as soon as practicable
• What are the two issues related to questioning that may lead to confessions?

  1. Induced confessions: suggesting a confession may lead to bail or lesser charges
  2. False confessions: recording of police interviews is required to eliminate issues
• What are the conditions under which police can enter and search premises?

  • With a warrant: general power to search for evidence of serious offences
  • Without a warrant: can enter in emergencies to save life or prevent serious damage
• What is central to the relationship between law and society?

  The Criminal Law
• What is the challenge faced in the development of criminal law?

  Achieving a balance between the provision of criminal law and the preservation of liberty
• How do the boundaries of criminal law change?

  They change over time
• What agencies are included in the Criminal Justice System?

  • The police service
  • The crown prosecution office
  • The investigating/prosecuting authorities
  • Magistrates courts
• What is a crime defined as?

  A violation of rights established by law
• What is punishment in the context of crime?

  A response to a crime
• What is the general process of punishment?

  1. Individual commits a crime
  2. Police arrest and charge the person
  3. Crown Prosecution Service decides on court action
  4. Judge/magistrate decides on the sentence
  5. Offender is sentenced based on case facts
• What are the aims of a sentence?

  • Punish the offender
  • Reduce crime
  • Protect the public
  • Reform and rehabilitate offenders
  • Make the offender give something back
• What is the difference between crime and punishment?

  A crime is a violation of rights established by law, while punishment is the response to such an offense