WJEC Criminology Unit 4

what are the 2 processes of law making

governmental and judicial

who are the HoC

elected MPs, total of 650 - 1 to represent each constituency, leading party sits on one side and opposition on the other side

who are the HoL

not elected

92 hereditary peers

640 life peers

26 senior bishops

what is a bill

a proposed law

what is a green paper

a consultative document issued by the government putting forward proposals for reform of the law

what is a white paper

a government document setting out a detailed proposal for legislation

what is the first stage of law making process

first reading

what is the first reading of the law making process

government first introduces bill into the Commons for reading, there's a formal announcement and vote for the bill to go to the next stage (but can happen in either House)

what is the second stage of the law making process

second reading

what is the second reading of the law making process

main prospects of the bill are considered and debated by normally the House of Commons who then take a vote, as government has most of the the MPs support they usually win the vote

what is the third stage of the law making process

committee stage

what is the committee stage of the law making process

bill is thoroughly examined line by line by a committee of MPs from different stages, they then report to the whole house and propose any changes

what is the fourth stage of the law making process

report stage

what is the report stage of the law making process

this stage give MPs the opportunity to consider the committee's proposal and then debate and vote on the proposed changes

what is the fifth stage of the law making process

third reading

what is the third reading of the law making process

this is the final chance for the Commons to debate the Bill's content, no changes allowed - House has to vote to pass or reject the bill

what is the sixth stage of the law making process

moving to the other House

what is the moving to the other House stage in the law making process

the bill goes to the HoL where it then has to go through the same stages passed in the HoC, if HoL amend it it then goes back to the HoC where MPs reject/accept the new amendments (Known as parliamentary ping-pong) HoC has final say as they represent the public

what is the final stage of the law making process

royal assent

what is the royal assent stage of the law making process

when the monarch signs the bill formally, their agreement making it an Act of Parliament/law, law comes into effect immediately unless a date is specified

what is judicial precedent

'standing by a decision'

law-making based on past judges' decisions, future judges follow this in similar cases - following precedent of previous case, making the CJS consistent certain and fair

what is the court hierarchy

Supreme Court is at the top followed by Crown and then Magistrate's Court, decisions in higher courts makes binding precedent that the law courts follow when dealing with similar cases

what are the exceptions to precedent

distinguishing - judge doesn't have to follow precedent if the case has different legal

overruling - a higher court states that a lower court's decision was wrong and overturns it

what is statutory interpretation

process in which judges interpret the law by the meaning of the words and apply them to the case

what is the literal rule

judges everyday, ordinary meaning of words in statutes

HOWEVER, one word can have many meanings which could lead to absurd verdicts

case to show example of the literal rule

Cheeseman v DPP - caught exposing himself to 2 police officers in plain clothing in public, got away with it because police officers are not 'passengers' or 'passers by'

London&North Eastern Railways Co v Berriman - killed by a train whilst olining points along a railway line, court found that oiling points was only 'maintaining' and not 'repairing' it which the act stated

what is the golden rule

means literal meanings can be modified from the literal meaning to avoid an absurd result

case example for golden rule

R v Allen - charged with bigamy, chose to use meaning of going through the marriage ceremony in order to get the conviction

Re Sigsworth - son murdered mother who had not left a will so that he could automatically gain the inheritance, courts changed the meaning of the Act so criminal cannot benefit from their crime

what is the mischief rule

allows the court to enforce what the statute intends to achieve instead of what the words actually say

case example of the mischief rule

Smith v Hughes - 6 prostitutes charged loitering or soliciting in public, women argued it was from the window and balconies not in public

dismissed their argument, law was trying to eradicate prostitution

what are the main agencies of the CJS

Police

CPS

HM Prison

Probation

Courts

describe the relations between the police and the courts

give evidence as a prosecution witness, protection to vulnerable witnesses, hold defendants in cells (transport to and from)

describe the relations between the police and CPS

provide evidence for prosecuting offenders, charge them in line with CPS instructions

advise possible lines of inquiry, instruct on charging suspects

describe the relations between police and HM Prison and Probation

arrest prisoners who breach license terms, cooperate with service in managing sex offender lists (Sarah's Law)

describe relations with CPS and courts

prepare and present the prosecution case, prepare any appeals against unduly lenient sentences

describe relations between prison and courts

carry out custodial sentences courts imposed on offenders, supervise defendants in remand and facilitate defence lawyers' visits to prison

describe the relations between prison and police

facilitate interviews with prisoner involved in ongoing investigations

describe the relations between prison and probation

supervise prisoners when released on license to check following all conditions

describe the relations between probation and courts

prepare pre-sentencing reports on offenders, supervise those with community sentences and supervise court-ordered drug testing