Criminology unit 4

• This is unit 4 on crime and punishment, where you have to understand the criminal justice system in England and Wales
• Describing processes used for law making

  1. Green paper (new law proposal and public consultation)

  2. White paper (formal proposal)

  3. Bill (presented in parliament)

  4. First reading (announced and initial vote)

  5. Second reading (open debate and vote)

  6. Committee stage (detailed study and amendments)

  7. Report stage (report on amendments and vote)

  8. Third reading (final vote)

  9. Repeat process in House of Lords

  10. Royal Assent (monarch's approval)

  11. Act of Parliament (law comes into effect)
• This is an exam where you have to memorize and prepare, so keeping notes organized, highlighted, and using revision cards is important
• This unit is synoptic, meaning there will be links to previous topics and units
• Campaigns and cases that had an impact on the law

  • Double jeopardy (Julie Hogg case)
  • Sarah's Law
  • Clare's Law
  • Stephen Lawrence case and Macpherson report
  • Maxwell Confait case and PACE
• Government processes for law making

  • Parliament is the main way new laws are created in England and Wales
  • Parliament consists of the House of Commons (elected MPs) and the House of Lords (unelected peers)
  • New law proposals usually come from the government party with the most elected MPs
  • The monarch (Queen) gives final approval to bills, but this is a formality
• How a new law comes into being

  1. Green paper (new law proposal and public consultation)

  2. White paper (formal proposal)

  3. Bill (presented in parliament)

  4. First reading (announced and initial vote)

  5. Second reading (open debate and vote)

  6. Committee stage (detailed study and amendments)

  7. Report stage (report on amendments and vote)

  8. Third reading (final vote)

  9. Repeat process in House of Lords

  10. Royal Assent (monarch's approval)

  11. Act of Parliament (law comes into effect)
• The law-making process is lengthy and extensive
• Petitions can be used to gauge public support before a new law is proposed
• Examples of petitions

  • Cancelling exams and using teacher-assessed grades
  • Other petitions on various issues
• Judicial process

  • Judges apply the law consistently by following precedents set in previous similar cases
  • When a case is completely new, judges don't have a precedent to follow and have to determine the law
• Nearly 90% of cases are similar to previous cases, so judges follow previous rulings and outcomes
• Precedent


  When judges in the past determine the law for judges of the future
• Nearly 90% of cases are similar to previous cases, so judges look at how similar cases were treated and follow previous rulings and outcomes
• When a case is completely new and there is no precedent, the judge has to create their own precedent
• Common law


  Laws made by the courts that apply consistently across the country
• Courts are in a hierarchy, with higher courts setting precedents for lower courts
• Overruling


  When a higher court decides that the decision of a lower court was wrong
• Distinguishing


  When a judge thinks the facts of the current case are significantly different from a previous precedent, so that precedent cannot be followed
• Rules of statutory interpretation

  • Literal rule
  • Golden rule
  • Mischief rule
• Literal rule


  Judges apply the words of the statute in their natural or ordinary meaning, without seeking to interpret or modify them
• Golden rule


  If the literal rule produces an absurd conclusion, the court should look for another meaning of the words to avoid the absurd result
• Mischief rule


  The court looks at what the law was before the statute was passed, in order to discover what gap or mischief the statute was intended to cover, and interprets the statute accordingly
• Cases applying statutory interpretation rules

  • Whiteley and Chapel
  • Sigsworth
  • Al Adler and George
  • R v Allen
  • Cochrane v Carpenter
  • Cheeseman
  • London and Northeastern Railway v Berriman
• Exam question: Explain the government and judiciary processes involved in how laws are made (9 marks)
• Topics to describe the organization of the criminal justice system in England and Wales

  • How laws are created
  • The police and the role of the police
  • The courts and the role of the courts
  • The formal punishments that are given
  • The relationships between all of these different organizations
• Knowledge required

  • Organization and role of the agencies involved in criminal justice
  • Relationships between different agencies and the extent of cooperation that exists
  • Synoptic links to Unit 1 (role of police and lawmaking) and Unit 3 (interrelated roles of personnel)
• Criminal justice procedure


  1. Laws created in Parliament or by the judiciary

  2. New law enforced by the police

  3. Crown Prosecution Service decides if there is a case to bring to court

  4. Cases brought before the Magistrates' Court first

  5. Accused released on bail or remanded in custody

  6. Pleads guilty and sentenced or not guilty and sent to trial

  7. If found guilty, Magistrate or Judge gives formal punishment

  8. Defendant may be sent to prison, overseen by HM Prison Service

  9. After prison, person supervised by Probation Service
• Techniques to help remember the process


  • Cut and stick activity to put the process in order
  • Add 3 details about each part of the process
  • Draw pictures to represent each part of the process
• Law creation

  • Parliament passes Acts
  • Judges create law through precedent and statutory interpretation
• Administration of the criminal justice system

  Carried out by the Ministry of Justice and Home Office
• Police


  • Enforce the law
  • Investigate crimes
  • Collect evidence
  • Arrest, detain and question suspects
  • May issue cautions or fixed penalty notices
  • Send files to the Crown Prosecution Service
• Crown Prosecution Service (CPS)


  • Advise police in investigations
  • Assess evidence and decide whether to prosecute
  • Apply the Full Code Test
  • Prepare and present the prosecution case in court
• Magistrates' Court


  • Deals with less serious crimes
  • Decides on pre-trial issues like plea, bail and legal aid
  • Hears evidence and decides verdict
  • Passes sentence
• Crown Court


  • Deals with more serious crimes
  • Hears evidence before a jury
  • Decides verdict
  • Passes sentence
• HM Prison Service


  • Supervises offenders in custody
  • Rehabilitates offenders to lead crime-free life
• National Probation Service


  • Supervises offenders serving sentences in the community
  • Supervises offenders released on license after prison
• Police and CPS


  • CPS provides evidence for prosecution of suspects
  • CPS advises on charging suspects
• Police and Courts

  • Police give evidence as prosecution witnesses
  • Police protect vulnerable witnesses
  • Police hold defendants in prison cells and transport to/from court
• Police and HM Prison/Probation Services

  • Police arrest prisoners who have breached license terms
  • Police cooperate to manage list of child sex offenders