GCSE Citizenship Law + Justice

• What is the Role of law?


  To provide a set of rules that all people in society must follow without exception, whether they are rich or poor, and whatever their status, origin or gender.
• The idea of the rule of law is one of the key principles of a democratic society
• Three key roles of the law

  • Set out what actions are acceptable and not allowed
  • Keep order in society by providing a common understanding of what will happen if the law is not followed
  • Ensure fairness so that everyone feels they get the outcome they deserve, and that no-one should be punished for something they did not do
• How does the law maintains order?


  • Punish those who break the law
  • Deter criminal behaviour, so people think about the consequences of their actions and avoid punishment
• Give some examples of how laws affect your everyday life


  • Must not drive while under the influence of alcohol or drugs
  • Must be over 18 to buy alcohol or cigarettes
  • Must not work full time if under 16
  • Must study maths + english until 16
  • Must be in education or training until 18
• Give some reasons why laws are needed in society


  • Protect the public
  • Settle disputes
  • Ensure that people are treated fairly (including preventing discrimination)
  • Change behaviour
  • Respond to new situations in society including scientific and technological developments and changing values
• Protecting the public


  • Protection from assault, injury, homicide (murder and manslaughter), burglary, and robbery
  • Health and safety protection in schools, homes, at work and in the community
• Settling disputes


  • Marriages breaking down
  • Company disagreements about contracts
  • Consumer protection concerning items purchased from a supplier, such as a phone or television, through the Consumer Rights Act 2015
• Ensuring fair treatment


  • Preventing discrimination against people on grounds of ethnicity, age, gender, sexual orientation and disability
  • Ensuring everyone has equal opportunities to succeed, regardless of their personal characteristics
• Changing behaviour


  • Deterrence through punishment for behaviours such as stealing, to put people off
  • Retribution to a victim or to society, such as using community service to teach criminal their behaviour is wrong and to change their actions
  • Rehabilitation of a young person through education, training or therapy for example removing the reason for offending
• Examples of how law responds to new or changing situations

  • Terrorism, where groups such as ISIS emerge
  • Scientific discoveries that need to be regulated to reflect new developments
  • New technologies that emerge and need to be regulated, such as social media, where people's rights to privacy may need protection
  • Changes in values held by society
• Examples of legal age limits

  • Driving - 17
  • Getting married with parental consent - 16, without parental consent - 18
  • Voting - 18
  • Working part time (with restrictions) - 13, full-time (with restrictions) - 16, full time - 18
  • Joining the armed forces with parental consent - 16, without parental consent - 18
  • Joining the navy - 16
• The age of criminal responsibility in England and Wales is 10
• What are the fundamental principles of law

  • Upholding citizens' rights and freedoms
  • Rule of law
  • Presumption of innocence
  • Equality before the law
  • Equal access to justice
• Upholding rights and freedoms

  • The right to life
  • The right to freedom of expression
  • The right to a fair and free trial
• Rule of law


  • All citizens must obey the law and this applies equally to all
  • It protects citizens against the abuse of power by their rulers
  • It ensures citizens are accountable for their actions
• Presumption of innocence


  • Until guilt is established beyond reasonable doubt, innocence is maintained
• Equality before the law

  • To respect, with no discrimination on ground of their personal characteristics
  • To a fair and public hearing of their case with impartial juries and judges
  • To prepare a defence if accused, and to question witnesses as part of this
  • For judgements to be made public
  • To appeal against a decision all the way up to the highest court
• Access to justice


  • No-one should suffer a miscarriage of justice or unfair treatment due to social characteristics such as poverty
  • A defendant (person on trial) has a right to a defence and is entitled to legal representation in a police station and in court, which may be paid for through legal aid if needed
• Threats to access to justice

  • Cuts to legal aid funding
  • Closure of some local courts
• The UK has more than one legal system
• The three legal jurisdictions in the UK

  • England and Wales
  • Scotland
  • Northern Ireland
• England and Wales


  • They share a common law legal system with criminal and civil law as parts of it
  • Wales also has an Assembly with some powers to make its own laws
• Scotland


  • It practises Scots law, with a system that is largely separate from the rest of the UK
  • There are significant differences in property and criminal law
• Northern Ireland


  • The legal system of NI is based on common law, some of it coming from Irish common law before NI was part of the UK
  • It has laws passed by the UK Parliament
  • It has laws passed by the Parliament of Ireland prior to joining the UK in 1801
  • Not all UK laws apply in NI due to the country's historical and religious background
• Main sources of law in the UK

  • Common law (case law of precedent)
  • Legislation made by Parliament
  • Laws of the European Union (EU) when a member state
• Common law


  • Much English law is common law and has existed for a long time
  • common law is law made by judges in cases that have appeared before them
• Legislation


  • The UK Parliament is sovereign, which means it can make law on anything it chooses
  • Most new laws start with the Government and have to be agreed to by Parliament
  • Sometimes a new law can start with a Private Members' Bill
• What is the difference between criminal and civil law?

  
  

  criminal law is law created to protect the public from harm, such as in cases where crimes are committed against a person or property

  • civil law: to settle disputes involving rights between groups or individuals, such as debts, personal injury, and family matters
• One of the stated reasons for the UK deciding to leave the EU in a referendum in 2016 was the wish for the UK Parliament to take back control of all aspects of law-making
• The different purposes of criminal and civil law

  • Criminal law - to protect the public from harm, such as in cases where crimes are committed against a person or property
  • Civil law - to settle disputes in cases involving rights between groups or individuals, such as debts, personal injury and family matters
• The different process in criminal and civil law

  • Criminal law - The state prosecutes alleged criminals in the Magistrates' Court, or the Crown Court for serious offences. The burden of proof is on the prosecution to prove the case beyond a reasonable doubt
  • Civil law - Cases are heard in the Country Court, High Court, Family Court or by a Tribunal, depending on the type of case. The burden of proof is on the claimant to show they have a case
• Purpose of criminal law

  To protect the public from harm, such as in cases where crimes are committed against a person or property
• Purpose of civil law

  To settle disputes in cases involving rights between groups or individuals, such as debts, personal injury and family matters
• Different process in criminal and civil law

  1. Criminal law

  2. Civil law
• Courts where criminal cases are heard

  The state prosecutes alleged criminals in the Magistrates' Court, or the Crown Court for serious offences
• Courts where civil cases are heard

  Cases are heard in the Country Court, High Court, Family Court or by a Tribunal, depending on the type of case
• Who brings a case in criminal law

  Case is brought by the Crown Prosecution Service on behalf of the state, which acts for the community against the alleges criminal who has been accused of breaking the law
• Who brings a case in civil law


  Cases are brought by the individual or business affected by the dispute
• Burden of proof in criminal law

  Is on the prosecution to prove the case