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what are the different types of law making?
government process (main way in parliament) and the judicial process (law made by judges in court)
who is involved in the government process?
house of lords, house of commons and the monarch
what is the house of commons?
its has 650 members in parliament - made from the government and the MPs, the public vote them all in. they introduce and discuss an idea for law.
what is the house of lords?
they debate and vote on an idea for law - after the house of commons has voted. they are the past members of parliament.
what is the monarch?
the king or queen, they sign off on the law after it has been debated by both houses.
what out the different types of proposals?
petitions
public inquries
mps
government agendas
pressure groups
campaign groups
what are the different proposals ?
petitions - sarahs law
public inquiries - stephen lawrence case
MP - teresa may
government agendas - brexit
pressure groups - anti-fox hunting groups
campaign groups - sara payne
what are the stages of the government processes?
1) green paper
2) white paper
3) first reading
4) second reading
5) comittee stage
6) report stage
7) third reading
8) house of lords
9) royal assent
what is the green paper?
this is the proposal
what is the white paper?
other organisations and senior officials make comments about the propsals - how to improve the act so it benifits more people.
what is the first reading?
the bill is announced and the title is read out to the house of commons
what is the second reading?
this is the main debating stage - MPs cman question the bill and vote it out
what is the comittee stage?
smaller groups of MPs discuss and make amendments to the bill
what is the report stage?
the amendments are reported back to the house of commons
what is the third reading?
this is the final vote (in the house of commons) - unlikely to fail
what is the house of lords?
they do everything again for the first reading, they can reject the law and then the house of commons will have to start again next year. but they can only reject a law once and then it will automatically go through the next time.
what is the royal assent?
the king or queen will stamp the bill and then it will officially become an act.
what is judicial precedent
laws made by judges in court
what is the court heirarchy
1) supreme court
2) court of appeal
appeal courts
highest courts - make binding precedent — everyone follows it
3) high court
4) crown court
5) magistrates court
criminal trial law
Precedent case 1 - donoghue v stevenson (1932)
started the consumer rights - “duty of care”
a lady drank beer with a decomposing snail inside - she fell ill because of it and sued the manifacturer and she won the case
Precedent case 2 - daniels v white (1938)
followed precedent of donoghue v stevenson
he brought a bottle of lemonaid which turned out to be cleaning product - sued the manifacturer and won his case
How can judges avoid using precedent?
Distinguishing and overruling
What is over ruling
It’s when the higher courts decide the previous decisions where wrong and they overturn it
Case 1 - RvR 1991 💍 (overruling)
Made raping your wife illegal
Before this law your marriage contract gave irrevocable consent. However the judge said it was wrong and overruled this decision.
Case 2 - R v Ahluwalia 🦸🏻♀️(overruing)
Mrs A was beaten by her husband throughout their marriage and she eventually murdered him. She was found guilty of murder. On appeal the judge made a new law. The judge created a new defence of battered woman’s syndrome which excused her behaviour a created a defence to murder so she was found guilty of manslaughter
What is distinguishing?
If a judge can find a difference in the facts of a case they don’t have to use that precedent, they are allowed to reach a different decision.
Case 1 - Balfour v Balfour ⛴ (distinguishing)
Husband went overseas to work and his wife was unable to go with him, he agreed verbally to send her £30 a month until she was able to join him. The relationship broke down and the payments ceased. The wife tried to get the agreement enforced but the claim failed as it was decided that there was no intention to create legal relations. The arrangement was considered to be a domestic arrangement between a husband and a wife
Mr Balfour won, arrangement considered to be informal arrangement and not a legal contract
Case 2 - Merritt v Merritt 💷 (distinguishing)
Husband agreed to pay £40 per month maintenance – already separated
Wife was to use this to pay the mortgage and, once the mortgage was paid off, the house was to be transferred from joint names to the wife's name. (formal agreement)
Although this had been written down and the agreement signed, the husband would not transfer the house when the mortgage was paid.
Wife won, the arrangement was considered to be formal
What is statutory interpretation ?
The process by which courts interpret and apply legislation made by parliament which helps them make new laws.
What is the literal rule ?
Statutes are to be interpreted using the ordinary meaning of the language of the statute unless a statute explicitly defines some of its terms otherwise
Whiteley v Chappell 🪦 (literal rule)
The defendant was charged under a section which made it an offence to impersonate ‘any person entitled to vote.’
The D had pretended to be a person who was on the voters’ list, but who had died.
The court held the D was not guilty since a dead person is not ‘entitled to vote’ – using the literal meaning of the word ‘entitled
What is the ministry of justice ?
Responsible for the organisations - government department
They work to protect the public and reduce reoffending, and to provide a more effective, transparent and responsive criminal justice system for victims and the public.
And has two main roles
1) sets policies, and oversees the work of the agencies in the CJS and
2) Provides funding called “the budget”
ministry of justice links
probation service - budget £6 million in 2021 - policy: all offenders must be supervised in the community.
prisons - £4 billion budget for prisons in 2021 - policy: in 2024 release low risk prisoners to free up spaces
CPS - £628 million in 2021 - policy: in 2024 to prosecute offenders of football related crime
courts - £2.3 billion in 2021 - policy: to reduce the back log of cases more efficiently and quickly
police - |£15 billion for police in 2021 and the MOJ is responsible for funding and for setting national policing priorities (eg) extending stop and search powers
what is law creation ?
parliaments role - to create acts of parliament (statutes) which state what the law is, to respond to changes in society and national trends when setting agendas
Judicial role - to interpret statutes created by parliament to apply the law to cases that appear in front of them to achieve justice (eg) the Dangerous Dogs Act 1991, to develop and make laws through the process of judicial precedent to achieve justice in cases before them (eg) R v Ahluwalia
law creation links
campaigns & pressure groups - made new law following campaigns (eg) Clares law - the Right to Know, Sarahs law - Child Sex Offender Disclosure Scheme, Bobby Turnbull - Change in the gun licensing laws
the courts - judges apply the laws created by parliament through statutory interpretation (eg) literal rule - Whiteley V Chappel, interpret statutes - The Dangerous Dogs Act, judicial precedent - R V Ahulwalia
police - they enforce the laws made by parliament through arrest, stop and search etc. and have the power to fo this under the police & criminal evidence act 1984
what are voluntary organisation, charities & pressure groups ?
these are organisations that are not government funded (although they may recieive grants from the government). they campaign and put pressure groups on the government to bring about change and new law (eg)
voluntary organisations, charities & pressure groups links
HM Prisons & Probation -
law Creation -
what is the law enforcement ?
police
responsible for enforcing the criminal law, 43 regional forces in england and wales , they investigate crimes, collect evidence, arrest and detain and question suspects, their power to carry out their role is given to them under The Police & Criminal Evidence Act 1984, in minor cases they may issue caution or a fixed penalty notice, they send files to the CPS to decide whether to prosecute they use the 24hr direct help line to get advice from the CPS about whether to charge.
law enforcement links
courts - give evidence as prosecution witnesses;provide protection for vulnerable witnesses, hold defendants in police cells awaiting courts, transport them to and from court
CPS - provide evidence for the prosecution so that the charging role tests can be applied and then can decide the charges. Ask the CPS for advice under the 24hr CPS direct advice line
HM prisons - arrest prisoners that have been recalled to prison due to breaching the terms of their licence, since Sarahs law they also work with prison and probation services in managing the list of child sex offenders living in their area called the disclosure scheme
HM probation service - the police attest offenders who have breached the terms of their community sentence
law creation - PACE 1984 gives the police their powers
what is the crown prosecution service?
independent from the police, they independently prosecute offenders in the criminal cours under they decide the charge under their charging role, advices the police with ther investigation, assesses the evidemce presented by the police and decides whether to prosecute - using the test (full code test - evidential and public interest tests) under the charging role, prepares and presents the prosecution case in court
CPS links
police - advising on possible lines of enquiry and evidence collection to build a case, use the 24hr advice line, advise the police and decide the charge under their charging role using the full code test - public interest and evidential tests
courts - CPS barristers called the prosecuting barristers preparing and presenting the prosecution case against offenders in the crown court; they also prepare appeals against convictions and sentences.
what is the sentencing guidelines council ?
this organisation sets lengths of sentence that the judge can give and the judge must refer to these when sentencing a defendant found guilty by the jury in the crown court, this is to make sure the sentences are consistent between court, the judges also consider aggravating and mitigating factors.
what are the sentencing types
a court fine
a community sentence (eg) a curfew, unpaid work or going on a programme
discharge - absolute or conditional
a prison sentence
a suspended prison sentence - the offender serves their sentence in the community, but if they commit another crime they will usually be sent to prison
Sentencing guidelines council links
Courts (judges) - they have to follow the guidelines when they are sentencing an offender
CPS - they need to know the possibile sentences when preparing the prosecution case against them. They also use them when plea bargaining (eg) the defendant charged with murder may be advised to plead guilty to manslaughter and get a lesser sentence.
What are the courts ?
there are 2 main courts magistrates and crown - magistrates deal with 95% of the cases. there are 3 types of offences summary (magistrates), triable either way and indictable (crown). before a trial the suspect is brought to the magistrates to plead guilty or not guilty, they will also decide bail and legal aid at that time. if they plead guilty its an automatic sentence if they plead not guilty there will be a trial.
courts relationships
CPS - CPS barristers present cases in court and prosecute offenders
Prisons - hold prisoners attending court + arrange transport to court and back, arrange video recordings and live links for prisoners giving evidence from priosn, judges give custodial sentences and prisoners remain in custody awaiting trial
Sentencing Guildlines - the judges in the courts use the sentencing guildlines when giving out sentences
Police - they will give evidence as witnesses in the investigation
what id the roles of prisons ?
to supervise offenders in custody, to punish, to protect the public and to rehabilitate.
prison links -
Courts - they carry out the custodial sentences imposed on the offenders: supervising defendants remanded in custody (refused bail) by the court: facilitating visits from defence lawyers to clients in prison and arrange for defendants to give evidence in courts via video links from prison.
Police - facilitate interviews with prisoners involved in ongoing police investigation. Also arrest prisoners who are recalled to prison for breaching the terms of their license.
Probation - liaise (act as a link to assist communication between (people or groups).) when a prisoners is to be released from prison on license and attend patrole board hearings to decide if the prisoners can be released
Charities & Pressure Groups - try to improve prison conditions and put pressure on the Government to chnage or implement new policy (eg) end of slopping out, toilets in cells became mandatory in 1996 (Prison Reform Trust & the Howards League)
what are the roles of probation services ?
supervise offenders who are serving their sentences in the community, including prisoners who have been released on licence serving part of their sentence in the community.
probation service links -
Courts - preparing pre-sentencing reports on offenders; supervising offenders who are given community sentences by court; supervising drug testing under courts orders.
Prisons - lialising when a prisoner is to be released from prison on licsence and attend patrole hearings to decide on their release date.
Police - arrest prisoners who are recalled to prison for breaching the terms of their probation order
Charities and pressure groups - will provide housing, education and training to offenders on licence and being supervised by a probation officer. (NACRO)
what are the models of criminal justice ?
two contrasting sets of values/theories which shape the way the criminal justice system works - two opposing models
the criminal control model
the due process model
who made the models
Herbert Packer
what is the crime control model ?
The repression of crime should be the most important function of criminal justice because order is a necessary condition for a free society
Criminal justice should concentrate on vindicating victims rights rather than on protecting defendants rights
Police powers should be expanded to make it easier to investigate, arrest, search, seize evidence and convict.
The criminal justice process should operate like an assembly-line converyor belt, moving cases swiftly along toward their disposition
If the police make an arrest and a prosecutor files criminal charges, the accused should be presumed guilty because the fact-finding of police and prosecutors is highly reliable.
examples of the crime control model
introduction of ‘bad character’ and previous convictions for the jury to convince them of guilty (eg) David Morris
removal of the ‘double jeopardy’ rule, so suspects can now be tried twice for the same offence (eg) Stephen Lawrence
body cams worn by police to accelerate convictions, with quicker gathering of evidence.
body cams
Police use body cams to gather real-time evidence, increase accountability, and protect both the public and officers. They support the crime control model by allowing quick and efficient collection of evidence, helping speed up investigations and court processes. Body cams can deter crime and reduce false accusations, making them an effective tool for evidence gathering—provided they are used consistently and correctly.
david morris
In June 1999, four people—Mandy Power, her two young daughters, and her mother—were brutally murdered in their home in Clydach, Wales. They were bludgeoned to death, and the house was set on fire to destroy evidence. David Morris, a local builder, was convicted in 2002. His conviction was quashed in 2005, but he was found guilty again in a 2006 retrial and sentenced to life imprisonment
crime control theories (links)
right realism - conservative approach to dealing with crime - it favours giving police more powers to deal with crime. Like zero tolerance policing strategies to deal with crime quickly and efficiently
functionalism - punishment enforces societies moral boundaries. This enables society to express its moral outrage and strengthen cohesion (bring society together for shared value consensus) and to discourage crime, which acts as repression of crime.
what is the Due Process model ?
the most important function of criminal justice should be to provide due process or fundamental fairness under the law (CJS likes an obstacle course of rights, to protect innocent defendants such as PACE 1984 (eg) right to silence). This helps to ensure just verdicts and fairness.
criminal justice should concentrate on defendants rights, not victimes rights, because the Human Rights Act and PACE 1984 expressly provides for the protection of defendants rights to avoid miscarriages of justice.
police powers should be limited to prevent oppression of the individual. Rather than an increase of their power.
examples of the due process model
Police and Criminal Evidence Act (PACE 1984) sets out the rights of suspects whilst detailed at the police station.
Ismail Abdurahman hid one of the terrorists in the 2005 London bombings but UK were ordered to pay £13000 of his legal costs after his rights were breached when questioned as he wasnt told of his right to silence
interviews are recorded and suspects have the right to free legal representation and the right to silence - the ‘obstacle course of rights’
what is the case of Sion Jenkins and what model does it like too ?
due process model
accused of killing his daughter - evidence was blood found on his sweatshirt
first hearing - guilty
second hearing - new evidence - the blood was from an aerosol splatter effect because he was helping her - no verdict (retrial new jury)
third hearing - again no verdict so judge decide he wasnt guilty
this shows the due process model because SJ was given the roght to an appeal and then allowed to go free after the third hearing when the jury couldnt decide.
colin stagg
Colin Stagg was wrongly accused of the 1992 murder of Rachel Nickell. Police used an undercover officer to try to get a confession, but the judge ruled it was entrapment and threw out the case. Years later, DNA evidence proved that the real killer was Robert Napper. Stagg was fully cleared and received compensation, highlighting the dangers of police misconduct and the importance of fair trials and proper evidence.
due process therories (links)
labelling theory - it aims to stop agencies like the police from opressing people. The police may be tempted to act illegally, harassing groups and label some groups negatively - “typical criminals”
Left Realism - argues that oppressive policing in poor areas triggers confrontations and marginalises groups. it focusses on inequalities created by a capitalist society. a more equal and fair society would eliminate crime because marginalised groups would have more opportunity so commit less crimes, this leads to fairness.
What is social control ?
it refers to the ways in which peoples thoughts,feelings, appearance and behaviour are regulated in society
involves forms or pressures (both internal and external) to persuade or compel members of society to conform to the rules.
what is internal forms of social control ?
regulating own behaviour and it comes from within ourselves. it is our self regulation of our own behaviour, based on our feelings of guilt, shame, empathy and our moral conscience. it is our psychological make up and that crime is not worth how it will make us feel.
what is the rational ideology theory ?
set of ideas/beliefs based upon our rational thoughts or assumptions
how people are controlled socially through religious beliefs, tradition, culture, socialisation (upbringing)- all of which control behaviour internally through moral expectations
this has influenced our moral conscience, which are our feelings of guilt, anxiety from inside us called our morality
this influences us to follow laws and rules
what is our moral conscience and what theory does it link too ?
freuds psychodynamic theory says that we conform to societys norms and values and obey rules because our superego tells us to, this is our moral conscience.
the id, ego and superego forms part of our personality
our superego (angel) tells us what is right and wrong and gives us our guilt feelings if we dont follow the rules
our superego develops through our socialisation and this is our internal ‘nagging parent’ telling us how to behave
this theory links as it explains how we regulate our begaviour through our moral conscience.
what are the internal forms and why are they important ?
traditions + customs
culture
religion
moral conscience
the are important ways of affirming a persons identity and being accepted in the community and ensures that the person conform to the rules
examples of internal forms
religion - an important value in Buddhist ethics is non - harming or non - violence (ahimsa) to all living creatures from the lowest insect to humans which is associated with the first vow of not killing
christians - believers follow the 10 Commandments for example 7. you must not commit adultery and 8. you must not steal
traditions - Muslims have a tradition of fasting during Ramadan or the Jewish tradition of sharing the Shabbat (Sabbath) evening meal.
Culture - Accepting norms and values, religion can underpin this for example the Christian religion believes dont eat red mean on good friday - commemorates the crucifixion of Jesus Christ.
what is internalisation through social rules and morality ?
knowing what is right or wrong based upon soicla values.
this happens through our socialisation from our parents and wider social groups, school, peers and influences like culture, religion and traditions. we internaise these so that societys rules become our own.
this links to Banduras modelling theory + skinners learning theory (operant conditioning) because this is how we are socialised.
what is external forms of social control ?
external pressures to persuade or compel members of society to conform to the rules. they are threats from external agencies to discourage individuals from committing crime like the police and prisons - they have the power to use formal legal sanctions against individuals in an attempt to make them conform to the laws.
what is coercion ? (both types)
the use or threat of force to make someone stop committing crim and to obey the law. the negative sanctions of the criminal justice system are a form of coercion aimed to prevent further offending.
physical or violent coercion, this controls our behaviour by an external form
(eg) when the police arrest, or when the CPS decide to charge, the courts give the death penalty
prison is a form of physical coercion as it physically holds an offender in prison against their will
Psychological (non violent) coercion
threats of loss of freedom - prison & courts
consequences of behaviour - police warnings/arrest, criminal record
threats of future actions - being monitored by the police
pleading guilty at the first opportunity or plea bargaining like sentence, court or count bargaining will get the offender a lesser sentence or charge.
what is deterrence ? (AC2.1)
the use of punishment as a threat to put people off from offending - 2 types
individual deterrence - puts off the individual person (eg) 6 months in prison for stealing scoops of ice cream in the London Riots
also suspended sentences - a sentence will not be activated unless the defendant commits a crime within a specific time.
general deterrence - puts others off from committing crimes, sends a message to the whole of society, through the media like harsh sentences
deterrence example
harsh punishments - idea of ‘getting tough on crime’
‘mandatory minimums’ - set by the sentencin guildlines council, these are minimum prison terms that must be served before parole is considered (eg) life (15yrs) for murder
‘truth in sentencing’ - in favour of serving the whole sentence rather than any remisson for good behaviour
‘three strikes and youre out’ - 3rd conviction for a violent crime likely to be life sentence (USA)
deterrence links (AC2.1)
Right Realism - (general deterrence) it supports the view that the criminal makes a rational choice to offend. so a harsh punishment would be a way of putting this person off from offending because they will consider the benefits and risks of offending like being arrested or going to prison.
what is the control theory ?
made by Travis Hirschi - developed in the 1960/1970s, attemps to explain why do people obey the law rather than why do people commit crimes
claimed that it is because people are controlled by their individual bonds to society that keep them from committing crime.
strong bonds are key to a strong positive view of self and are formed by socialisation, family upbringing, peer groups ect.
young people who have a strong positive view of themselves are more likely to follow laws. these bonds must be properly formed to prevent a person having a propensity to commit crime.
bond has 4 elements
attachment - positive + strong attachments to parents and peer groups is important to promote social behaviour
goals - achieving goals like a good job, career, nice house
involvement - feeling of belonging to a group like a sports team or community
belief - honesty is needed to encourage people to conform and not commit criminal acts.
what is the containment theory ?
made by Walter C Reckless
resist committing crimes due to inner and outer containment. this comes from effective ‘socialisation’ like parenting and upbringing which he said were the main influences.
inner containment - is how we build our own self control to resist the temptatio to offend and comes from the influence of family and ubringing
outer containment - the external influence of parental discipline and social groups including the laws of society in which we live
a combination of inner and external containments prevents people from deviation from social norms and committing crimes
What are the 6 aims of punishment
1) retribution
2) public protection + incapacitation
3) deterrence
4) rehabilitation
5) reparation
6) denunciation
What is denunciation?
Sending a message to society
What is reparation ?
Making amends / payback
What is rehabilitation?
Changing behaviour
What is deterrence?
Put someone off offending
what is retribution ?
to punish crimals
what is public protection/incapacitation ?
to keep the public safe
who gives out punishments ?
a judge - crown court
unlimited powers - just restricted by the sentence the offence carries set by the sentencing guildelines council (eg) theft - 7yrs
a magistrate - magistrates court
limited powers - for 1 offence - 6 months in prison and an unlimited fine. 2 or more offences - 12 months
what are the forms (types) of punishments ?
custodial (prison) - life sentence, fixed terms and suspended sentences, sentences for the protection of the public
community sentences - can be a combination order (eg) unpaid work, curfew, drug treatment & testing, supervision (probation)
fines - depends on financial circumstances of the offender and seriousness of offence.
discharge - conditional - if the defendant re-offends during this time (up to 3yrs), the coirts can give a different sentence. absolute - no penalty is imposed, defendant is guilty but morally blameless.
what is the aim of retribution ?
it is concerned with harsh punishments of a crime
this aim has an element of revenge - an eye for an eye - let the punishment fit the crime.
just deserts, which defines justice in terms of fairness and proportionality with the offence
the more serious the offence the more harsh the punishment (eg) life in prison or the death penalty for taking a life
retribution example
the ‘scold’
a metal brace put over the heads of women from the 16th century onwards which included a metal plate in the mouth to stop women talking.
designed as a public shaming punishment - retribution - for when women has been spreading gossip or lies which often affected ‘respectable’ people
retribution example - prison sentence
retribution contains an element of revenge, in that society and the victim are being avenged for the wrong done.
(eg) longer prison sentence for causing death by dangerous driving were justified in this way. the maximum prison sentence was increased from 5yrs to 10yrs for this offence in 1993, and in the Criminal Justice Act 2003 it was increased again to 14yrs
retribution links
right realism - rational choice (making a decision based on risk and benefit) Harsh punishments like prison & zero tolerance policing
functionalism - Setting clear boundaries, some crime is good because it reaffirms boundaries, brings order and cohesion into society.
retribution evaluation -
✔ - it does give revenge and punishment so justice is seen to be done - an ‘eye for an eye a tooth for a tooth’
✖ - it could lead to a miscarriage of justice
what is public protection and incapacitate ?
public protection - to keep the public safe and protect them from offenders and prevent future crimes
to incapacitate - take away someones abilty to commit offences
public protection + incapacitation sentencing
custodial sentences - death penalty + mandatory life sentences
imprisonment for the protection of the public (IPP sentences) (eg) John Worboys
castration of sec offenders
electronic tagging + curfews
driving bans
removal of limbs
what are the counter terrorism laws
the counter terrorism laws have stopped terror offendes beingb released early from prison - following the London bridge terror attack in Nov 2018. Usman Khan was released early half way through a 16yr sentence and then went on to commit they terror attack when he fatally stabbed two members of the public.
what are the crime (sentences) Act 1997 ?
introduced mandatory mimimums prison sentences for repeat offenders
automatic life sentence for second serious sexual or violent offence
7yrs mimimum for a third class A drug trafficking offence
3yr mimimum for a third domestic burglary offence
what are the sentences for public protection ?
intorduced by the Criminal Justice Act 2003
the courts gives an intererminate sentence with no fixed date for release
given to dangerous offenders who are convicted of serious and violent crimes and sexual offences
what is the case of John Worboys ?
John Worboys, also known as the “black cab rapist,” was a London taxi driver who drugged and sexually assaulted over 100 women between 2000 and 2008. He lured victims into his cab, offered them spiked drinks, and then attacked them while they were unconscious. In 2009, he was convicted of 19 offences involving 12 women, including rape and sexual assault, and sentenced to indeterminate imprisonment for public protection.
what is chemical castration
Chemical castration is the use of medication to reduce sex drive, mainly for sex offenders in prison. It lowers testosterone levels to help prevent reoffending. The effects are not permanent, and it’s usually voluntary. While some see it as a way to protect the public, others argue it raises ethical concerns.
public protection/incapacitation evaluation
✔ - after chemical castration in HMP Whatton only 5% reoffended
✖ - very short term, its not a forward thinking aim, it doesnt consider changing offending behaviour in the community.
what is denunciation ?
society expressing their disapproval and outrage of criminal activity
public shaming of an offender
relies on the media to get the message across to the public
what are harsh prison sentences ?
links to denunciation
In the London Riots 2011 they were arresting people for petty crimes to try and stop the riots
(eg) 6 months in prison for stealing 2 scoops of ice cream