UK Law

Police and Criminal Evidence Act 1984 (PACE)

police powers for search and arrest and application of justice, honesty and workability in England

Human Rights Act 1998

the European Convention on Human Rights incoprated into UK law

Rights

absolute, limited and qualified

Absolute Rights

cannot be overridden (life, torture, slavery and no punishment without law)

Absolute Rights Application

Timothy J Evans

Limited Rights

don't apply in certain circumstances (right to a fair trials)

Qualified rights

can be interfered with interests of the community

Qualified Rights Application

Sarah Everard Protests March 2021

Equality Act 2010

A law introduced to give all social groups protection against discrimination

Codes Of Ethics 2014

ensures attitudes and approaches towards police work are defined by the principles of college of policing

Stop and search

an individual is detained to allow police officer to search them and their belongings on reasonable grounds

GO WISELY

Grounds for the Search

Object for the search

Warrant card

Identity of Officer

Station to which attached

Entitlement to a copy of the search record

Legal power exercised

You are being detained for the purpose of a search

Powers of Arrest

granted by Code G of PACE and main purpose is to ensure a suspect is interviewed

warrant

formal written document issues by magistrate/judge that authorises an arrest\`

Types of warrants

Arrest and Search

Search warrant

specific and all premises warrants; premises can be searched under the same warrant

Powers of Entry

warrant not require if to facilitate the arrest of someone

breach of peace

defined by common law where officer gains entry to make arrest and prevent breach

S32 PACE

Search upon arrest

S18 PACE

premises immediately prior and associated to detainee can be searched

Section 60 Criminal Justice and Public Order Act 1994

allows police to search anyone and anything in a geographical area during a serious breakdown of public order

Section 60 Example

Upsurge in Knife Crime in London 2019

Section 60 Pros and Cons

less people carrying weapons, animosity towards police, practical issues, violation of rights, notifications needed

Power of Seizure

any items found during a lawful search can be seized

Evidence submission

any evidence collected must have a filled out MG21

Human Tissue Act 2004

Regulates the removal, storage and use of human tissue

Statements

victim personal, witness, duty and expert witness

Victim Personal Statement

A statement which allows the victim to explain in their own words the impact that the crime has had on them and their family.

Duty Statement

written by a police officer as witness and isn't classified as an expert

Criminal Procedure and Investigation Act 1996

legislation brought into regulate how criminal investigation were complied focusing on disclosure

Regulation of Investigatory Powers Act 2000

covert investigations and digital evidence

Hierarchy of CJS in England and Wales

Ministry of Justice, Attorney General Office and Home Office

Adversarial

parties have responsibility of presenting evidence (mainly England and Wales)

Inquisitorial

judges decides and performs an examining role (mainly in Europe)

Common law

passed by word of mouth to other courts

Statue Law

foundation of the current legal system in England and Wales

Case Law

establish the precise meaning of legislation and sets rules

Acts of Parliament

includes technical details such as fines and penalties

Statutory Instruments

allow the details of an act to be revised without using parliamentary procedures

By-laws

Local laws which are created and enforced locally

Moral Crime

an action/inaction that goes against what a reasonable person believes to be right

Procedural crime

an action/inaction that goes against the law

Types of offenses

summary-only, indictment-only and either-way

Summary only offences

less serious governed by CPR 2010 and dealt in magistrates courts

Indictment-only offences

most serious cases and can only be dealt in crown courts

Either way offences

criminal actions is varied and can be tried in either magistrates or crown courts

Inchoate Offenses

if an individual does a prior act to the commission of the offense they are guilty of attempt

Conspiracy

parties agree to carry out a course of conduct leading to an offense

Full Code Test

applies where charging decision is made by police ( sufficient evidence and public interest)

Magistrates Court

where all cases start and hearings are presided over by a district judge or three magistrates

Crown Court

this is where serious criminal cases are heard by a judge and a jury in the UK

youth court

used for defendant aged 10-17 and similar layout to magistrate

High court

mostly civil cases and divided into 3 categories

Courts of appeal

considers appeals from all courts

Supreme Court

the highest judicial court in a country and presided over 12 senior judges

St. Augustine

an act does not render the actor guilty unless his mind is guilty too

Actus Reus

The physical element of a crime (guilty act)

Mens Rea

state of mind alongside actus rea (guilty mind)

Strict Liability

crimes that do not require a guilty state of mind

barrister

legal professional who represents client in court

solicitor

perform legal work outside of the court and build case

right to defense

Article 6 of the HRA 1998

Legal advice privilege

strictly between legal professional and their client

Litigation Privilege

between legal professionals, clients and outside consultants

burden of proof

raise a defence that requires evidential proof (shaggy defence)

Crown Prosecution Service (CPS)

set up in 1986 to prosecute criminal cases investigated by the police in England and Wales after POA 1985

Assumed Duty

person assumes responsibility for another's welfare

Familial Assumed Duty

parents are automatically responsible for caring for their child

Statutory duty

duties we must all follow or will result in an offense

Vicarious Liability

an employer can be liable for the actions of an employer

Doctrine of innocent agency

if child/mentally insufficient person causes criminal harm/action parent is liable

substantial causation

defendant's act must contribute to end result to a significant extent

operating causation

defendant's act is responsible for the outcome

Novus actus interveniens

an intervening act that breaks the chain of causation

Mens Rea Hierarchy

Intention , Recklessness, Negligence and Gross Negligence

intention

voluntary act and no premeditation

Recklessness

aware of risk and particular result

Neglience

carelessness

Importance of Disclosure

evidence may be inadmissible at judge's discretion

Judith Ward Case

convicted of 1973 bombing on M62 however prosecution concealed mental illness and suicide attempts. Shows importance of disclosure

CPIA 1996 section 3

compulsory mutual pre-trial disclosure

Rentention

retaining material which is irrevelant

Periods of retention

until accused is acquitted/convicted or prosecutor doesn't proceed

Daubert Motion

to exclude an expert's testimony to a jury

The Sentencing Code

statue containing all law related to the sentencing procedure and increase efficiency

Sentencing Act 2020

introduced sentencing code into statue law

pre-sentence report

considers all aspects of the defendant's actions and impact on the community

Types of punishment

financial orders, disqualification , community sentences and custodial sentences

Financial Orders

fines that reflect offense and circumstances

Community Sentence

electronic monitoring, unpaid work and curfew

Custodial Sentence

Suspended, Determined, Extended and Life

suspended

14 days - 2 months (six months in magistrates)

Determined sentence

A specific, fixed-period sentence ordered by a court

Extended sentence

an appropriate custodial term plus an extended period of licence as offender is dangerous

life sentence

the punishment by which somebody spends the rest of their life in prison (minimum 25 years)

Scotland

* Act of Union 1707
* Sheriff instead of Magistrates
* Advocates instead of Barristers
* Licensing Act 2005 (alcohol)

Northern Ireland

* Act of Union 1801
* Northern Ireland Assembly (NI Act 1998)
* The Department of Justice Act
* Enforcement of Judgement Office
* Public Prosecution Service instead of CPS

EU

* Directives and Regulations
* European Court of Justice

USA

* Congress, President and Supreme Court
* Federal District and State Courts
* More militarised approach

Canada

* combination of common and civil laws
* Aboriginal and Treaty Rights