Citizenship theme c

• What is the need for laws and why do people follow them?


  Countries need laws so that the country has equality, fairness, safety, order and clarity.

  Citizens follow them as it is the right thing to do morally and in fear of the consequences.
• What do the government need to consider when creating a new law?


  They must consider support - will people follow and accept the law or will they become upset and riot? They must also be careful as it may cause people to never vote for the, again in the future. They must also consider the impact on every person in the country.
• What three main principles does the UK rule of law consist of?


  Innocent until proven guilty (the court must present evidence to prove that a person is guilty until then they are innocent)

  
  

  Equality before the law (the law applies to everyone equally no matter their MRSGEDAC including law makers)

  
  

  Access to justice ( everyone has the right to use the legal system whether they have been charged for an offence or have been hurt)
• What are the 2 types of law in the UK?

  Criminal law

  Civil law
• What is criminal law?


  - When an Act of Parliament has been broken this is known as criminal law as a crime has been committed. E.g stealing means you have broken the theft act and have committed a crime (criminal law).

  - it can be serious for e.g. murder or not very serious e.g. stealing a chocolate bar from the shop.
• What type of crimes go to the Crown Court? What is the Crown Court?


  Serious criminal crimes are taken to the Crown Court.

  Crown courts have a Judge and a Jury. The jury will hear the case and decide if the person is guilty or not. The judge will then use mitigation to decide the sentence. They have the power to give the full range of sanctions. The most serious being a full life tariff.

  5% of UK crime is heard in the crown court
• What type of crimes are taken to the Magistrate court? What is the Magistrate court?


  Minor crimes are taken to the Magistrate Court.

  Magistrate courts have 3 magistrates. They will listen to the case and then decide if the person is guilty or not guilty. They only have the power to pass minor sentences e.g. fines, less than 6 months detention.

  95% of Uk crime is heard here
• What does the Judge have to consider when deciding a punishment?


  They will consider mitigating circumstances e.g. is it the first offence? Did they admit guilt? Have they shown remorse?

  They will also consider what the punishment will hopefully achieve. E.g. protecting the public, change the offenders behaviour
• What are the types of punishments the offender could receive?


  - A discharge (if crime is small and it is their first time judge may decide no punishment is required)

  - Fine ( most common criminal sentence given for less serious crimes. Amount of fine depends on the seriousness of crime and how much a person can afford)

  - Community sentence ( normally involves unpaid work that benefits the community. Aim is to punish them and prevent reoffending)

  - Restorative justice ( offenders meet victim face to face to see impact of their crimes)

  - Prison sentence ( will be given if the judge feels like the public must be protected e.g rapist, murderer)

  - suspended sentence ( first time offender may receive this, they won't go prison if they follow rules and conditions however if these are broken they go jail)
• What is the difference between a determinate sentence and indeterminate sentence?

  Determinate means they have to serve a fixed amount of time e.g 6 years. Half served in prison and other half served in the community on license.

  Indeterminate has no fixed end point. Offender won't be released until they are deemed as safe (some cases this results in a lifetime spent in prison)
• What is civil law?


  involves a dispute between 2 individuals or groups often to do with rights e.g. parents divorcing and disagreeing about custody of their children.

  Can be very serious and emotive it does not mean 'less serious crime'.

  Civil cases are best dealt with without using courts because courts are stressful, time consuming and costly.
• How can civil cases be dealt with without the use of a court?


  - Mediation ( where 2 parties sit with an important person who will council them through the problem and support the, to reach a decision they are both happy with)

  - Ombudsman (citizens that feel like their rights have been abused can seek support from an official who is appointed to investigate their complaints against a company or organisation)

  - Tribunal ( an aggrieved person can take their civil case to a special court or group of people who are officially chosen esp by the gov to examine problems of a particular type. E.g employment tribunal
• What type of cases are taken to a County court? What is a county court?


  More serious and complex civil cases can go to a county court. Before trying a civil case the judge reads the relevant case papers and becomes familiar with their details. Most civil cases tried in court do not have a jury and the judge hears them on his own, deciding them by finding facts and by applying the relevant laws. Then he gives them a reasoned judgement not punishment.
• What are a citizens rights if they are arrested?


  - must be told the reason for their arrest

  - must be given the opportunity to tell someone about their arrest

  - must be able to get free legal advice from a solicitor

  - must be offered medical help if required

  - must be able to see a written notice about their rights
• How can citizens play a part in the legal system?


  - Jury service ( sitting on trial as a juror, chosen at random and will decide whether the defendant is guilty or not)

  - Special constable ( trained volunteers that work with their local police . Once training is complete they have the same powers as a regular officer and wear similar uniform)

  - Magistrate ( Most people between 18&65 can apply and applicants are given training on how to carry out the role. No legal background is required as court officials will give advice.)

  - Tribunal member hearing ( citizen may volunteer to support a tribunal if they are an expert in that particular field and provide a specialist view and will play a role in the decision made)
• What factors make young people more likely to end up in court?

  Having a troubled background

  Are in/have been in care

  Have poor literacy and GCSE results
• What type of sentences can young people receive?


  - Referral orders (young person attends a youth offender panel and agrees to a set of rules and conditions so that they can avoid more serious punishments)

  - Youth rehabilitation centres orders (a commitment to attend rehabilitation sessions for a fixed amount of time e.g. drug rehabilitation)

  - If child under age of 10 breaks the law they will be referred to the youth offending team and may receive a child curfew.
• What is the difference between a normal court and a youth court?


  - No jury

  - Public is not allowed

  - Parent/guardian must be present

  - Offenders are called by their first name
• If a young person commits a very serious crime where can the case be passed onto?

  The crown court
• Who does the youth justice system deal with?

  Offenders between the ages of 10-17
• What conclusions can be made about the number of young people that appear in court and those that end up in custody?


  The number of young people appearing in court has decreased over the years recently. This is positive as it displays that society is doing a better job of ensuring that young people are not criminalised.

  However, those young people that do end up in custody's are very likely to reoffend. This is negative as it displays that society is not doing a good job of rehabilitating young people within the justice system.
• Why do people commit crimes?


  - when there is great inequality, being under the influence of drugs and alcohol, the environment (dirty streets, graffiti), for money.
• How are crimes reduced?


  In the community they attempt to reduce crimes by using street lighting, CCTZ, community support officers, improving community cohesion.

  Education plays a big role - schools are safe, police officers, pastoral staff who work with young people who might be at risk of offending.

  Community groups such as youth groups and neighbourhood watch can also be beneficial in reducing crimes.
• What is reoffending?


  Crime committed by people who have already committed a crime before. A large proportion of crime is committed by re offenders. The UK justice system aims to rehabilitate.m
• Why do people believe the UK prison system is ineffective?


  Due to the large numbers of offenders who reoffend after being released. (47% people reoffend within a year after release, 58% people on short sentences reoffend in a year, 70% of under 18s reoffend in a year after release)
• Why may crime rates not be accurate?


  Not all crimes are reported for e.g. victims of rape may not report the attack due to the fear of not being believed or shame.