theme C

• Why Do We Need Laws

  • safety & settle disputes
  • child protection & protect the public
  • protect human rights & prevent discrimination
• We need laws to regulate behaviour and keep society in order
• how do laws maintain order?

  • by punishing criminals
  • by deterring criminal behaviour
• how does the law protect the public?

  • from interefence from others
  • from assault, injury, health and safety etc
• the rule of law - the law is the same for everyone and that everyone is equal under the law
• 3 KEY ROLES OF THE LAW

  1. Set out what actions are acceptable and what are not allowed
  2. keep order in society by providing common understanding
  3. ensure fairness so everyone feels good and no one is wrongly charged
• The law changes behaviour through

  1. retribution
  2. detterence
  3. rehabilitation
• laws affecting our every day life

  1. study English and maths until 16
  2. over 18 to buy alcohol and ciggys
  3. must not work full time until 16
• Protecting The Public

  • right to be safe
  • protection from assault, injury, homicide etc
  • health and safety protection in schools, home, work and community
• Settling Disputes

  • civil law
  • marriages breaking down
  • company disagreements about contracts
  • neighbours land boundaries
• Ensuring Fair Treatment

  • equal opportunities and anti discrimination
  • preventing discrimination against ethnicity, age, religion, gender, disability
  • ensuring everyone has equal opportunities to succeed, regardless of personal characteristics
  • Equality Act 2010
• Changing Behaviour

  • deterrence - punishment to put people off
  • retribution - to teach criminals their behaviour is wrong and to change their actions sharp sharp
  • rehabilitation - removing the reason for reoffending
• New or Changing Situations

  1. Terrorism - ISIS - law must be dynamic and changing to protect public and uphold public values
  2. Scientific Discoveries - Human Fertilisation and Embryology Act 1991 - to reflect new developments
  3. New Technology - Facebook customer date - right to privacy from social media
  4. Changes in Values - Same Sex Couples 2013 - society changing attitudes towards gay marriage
• Driving - 17

  1. responsible enough to apply for a provisional license, take lessons, and drive a car
• Getting Married - 16 & 18

  1. protects people from pressure
  2. abuse and exploitation
  3. by older people who might take advantage
• Working - 13 & 16 & 18

  1. prevents unethical employees from exploiting kids
  2. making them work too many hours
  3. thus affecting there health and education
• Armed Forces - 16 & 18

  1. acknowledges how ambitions may changes
• Criminal Responsibility

  1. age 10 = old enough to understand the difference between right and wrong
  2. 10-17 go to a youth court
  3. Scotland = 8
• RULE OF LAW ⚖️

  1. all citizens must obey the law - regardless of status
  2. protects citizens - from abuse of power from rulers - MC
  3. ensures citizens are accountable - anyone found guilty of breaking the law will be punished
• Presumption of Innocence 😇

  1. until guilt is proved beyond reasonable doubt, innocence is maintained
  2. purpose of a trial is to hear evidence that might lead to conviction
  3. person on trial has a right to hear and defend themselves against evidence
• Equality Before The Law 👩‍⚖️

  1. right to respect - no discrimination because of personal characteristics
  2. a fair and public hearing - impartial juries and judges
  3. prepare a defence - if accused and to question witnesses
  4. for judgements - made public
  5. to appeal - against a decision up to the highest court
• Access to Justice

  1. no one should suffer a miscarriage of justice - due to personal characteristics
  2. a defendant has a right to defence - entitled to legal representation in police stations and court - can be through legal aid
• Threats to Access to Justice

  1. cuts to legal aid funding - damaging access for poor
  2. closure of local courts - means people have to travel further which is a burden on health and finance
• England & Wales 🏴󠁧󠁢󠁥󠁮󠁧󠁿🏴󠁧󠁢󠁷󠁬󠁳󠁿

  • they both use common law
  • share legal jurisdiction
  • Wakes can make their own laws but
  • civil and criminal law is in both
• Scotland 🏴󠁧󠁢󠁳󠁣󠁴󠁿

  1. Roman law
  2. Scots law - not like other UK
  3. employment law is similar tho
  4. property and criminal law so different
  5. not proven - verdict
  6. UK Supreme Court is highest for appeals from Scottish citizens
• Northern Ireland 🇮🇪

  1. mixture of all
  2. common law but own one
  3. some UK laws don’t apply
• Common Law

  • aka Case Law or Precedent
  • laws made by judges in cases that have appeared before them
  • if a judge makes a ruling on a case - it is set as a precedent for other judges to follow in future cases
• Legislation

  • Parliament makes law
  • new laws start as manifesto of government
  • new laws start with government but has to be approved by Parliament
  • Private Members Bill
• Criminal Law

  • protects public from harm
  • maintains order
  • against person or property
  • assault, homicide, rape, robbery
  • vandalism, arson, fraud
• Criminal Law Process

  1. Magistrates - High
  2. brought by CPS on behalf of state vs defendant
  3. it’s on the prosecution to prove the case
  4. proved beyond reasonable doubt
  5. prison, fines, community service
• Civil Law

  • upholds rights of individuals
  • settles disputes between groups or individuals
  • debts, divorce, child custody, copyright disputes
• Civil Law PROCESS

  1. County Court, Family, High or Tribunal
  2. cases brought by individuals or business affected by dispute
  3. is on claimant to show they have a case
  4. court or Tribunal needs to be over 50% sure that the defendant is liable
  5. compensation and fines from loosers
• Role of Police

  1. prevent crime by providing education in communities and schools
  2. keep public safe
  3. deter crime through patrolling
  4. investigate and collect evidence of crime
• Police - Stop & Search

  1. if they have reasonable suspicion that a person is about to commit a crime or has already committed a crime they can stop and search
  2. they can stop the public and ask them to explain their actions
• Police - Arresting

  1. if they are believed to have committed a crime, engaged in committing a crime or about to break the law
  2. police are allowed to use reasonable force
  3. they can enter premises without permission in order to arrest, save a life, or prevent crime
• Police - Detain & Charge

  1. 24 hours to be held without charge
  2. to charge someone of a crime if they have enough evidence, and to present evidence to CPS and attend court to give evidence
• Role of JUDGES

  1. being in charge of trials
  2. keeping order in court
  3. upholding and interpreting law
  4. providing a sentence
• Judges - Applying the Law

  1. apply law made by Parliament & case law to all cases
  2. to advise juries on points of law to ensure a fair trial
• Judges - Sentencing & Outcomes

  1. to decide what punishment guilty people get - dependent on type, circumstances and seriousness of offence
  2. use sentencing guidelines from councils or Act of Parliament
  3. civil trials - decide the outcome
• Judges - Setting Precedent

  1. to set precedent by interpretation of existing law that is then followed by future judges