Theme C: Crime and punishment

What are the main roles of law? (3 and explain each)

• to set out what actions are acceptable (so people know what is right and wrong)

• to keep order in society (by providing a common understanding of what will happen if the law is not followed)

• to ensure fairness (so that everyone feels they get the outcome they deserve - no one should be punished for something they did not do)

Chaos and disorder may occur if criminal law is not upheld. so laws are made to…? (2)

• Punish those who break the law

• deter criminal behaviour (so people think about the consequences of their actions)

What are some things the law affects in our everyday lives? (at least 3) (try to give examples)

• what we own and what we buy (must be over 18 to buy cigarettes and alchohol)

• where we live

• what substances we can take into our bodies

• how we can be educated (e.g you must study Maths and English until you are 15)

Laws are needed to protect the public. What right do citizens have that makes this important?

According to the Human Rights Act 1998 citizens have the right to be safe

name some things citizens have the right to be safe from. (at least 4)

• assault

• homicide

• robbery

• burglary

• health and safety protection in schools

• murder

• manslaughter

Laws are also used to settle disputes. What kind of disputes are settled with civil law. (2)

• marriages breaking down

• company disagreements about the contract

• neighbours disputing about land boundaries

What are the 2 main laws (acts) that were put in place to ensure people were treated fairly?

• Human Rights Act 1998

• Equality Act 2010

  (this links to values of equal opportunity and anti-discrimination)

What are some examples of what the HRA 1998 and the Equality Act 2010 do? (give 2 with explanation)

• prevent discrimination ... against people on grounds of ethnicity, age gender, sexual orientation and disability

• ensuring everyone has equal opportunities … to succeed, regardless of their personal characteristics

How does law help change the behaviour of some people? (give at least 2 with explanation)

• deterrence through punishment for behaviours such as stealing, to put people off

• retribution to a victim or society such as committing community service to change their actions

• rehabilitation of a young person through education, training or therapy. For example removing the reason for offending

Why would laws need to be changed or added (just give one reason)

What are some examples of changing/new situations that cause new laws? (explain each)

to respond to new or changing situations

examples -

• terrorism (where groups such as ISIS emerge, the law must be dynamic and flexible to deal with it, keep the public safe and uphold society’s values)

• scientific discoveries (need to be regulated to reflect new developments, e.g. Human Fertilisation and Embryology Act 1991 that prevents embryos being used for scientific experimentation after 14 days)

• New technologies .. that emerge need to be regulated (such as social media where people’s right to privacy may need protection) - Facebook was harvesting customers’ data without their knowledge

• Changes in values held by society (the Marriage (same sex couples) Act 2013 reflects society’s changing attitudes

Age to get married is 18. Why?

to protect young people from parental pressure, abuse or exploitation by those who might be trying to take advantage of them

The age to work part time (with restrictions) is??

The age to work full time (with restrictions) is??

The age to work full time (without restrictions) is??

Why are these age limits put into place?

prevents unethical employers from exploiting children by making them work for too many hours, affecting their health and education in a negative way

what are some debates about legal age limits?- give reasons why along with your points (give at least 3)

• Reduce voting age from 18 to 16 as 16 year-olds are educated in citizenship and are able to join the navy. 16 year olds were also allowed to vote in the Scottish referendum in 2014

• Increase the age off joining armed forces from 16 because of reasons of danger. In the USA the minimum age is 17 and here the UN committee Rights of the Child challenges the age limit of 16

• Keep voting age at 18 as 16 year olds lack maturity and experience and may be easily influenced, and need parental permission to marry

What is the criminal age of responsibility in England and wales?

What is the age of criminal responsibility in Scotland?

Why is the case (refer to the England one)

England and wales = 10

Scotland = 8 (bill debated to increase it to 12)

Children aged 10 are considered old enough to understand the difference between right and wrong and are held responsible for the things they do. This age was decided after the murder of James Bulger by 2 10 year old boys in 1993

Whats is meant by the rule of law?

The rule of law is a system where the law applies to everyone and no one is above the law (the law rules)

What are the 3 main principles (points/ideas) of the rule of law?

• no one is above the law and everyone must obey it - this applies equally to all

• the law protects all citizens against abuse of power from their rulers

• (it ensures) All citizens are accountable for their actions and should be punished is they have broken the law

What is the presumption of innocence

everyone has the right to a fair trial and until guilt is established beyond reasonable doubt, a person is presumed to be innocent

What is the origin of the presumption of innocence?

The Magna Carta establised a right to a fair trial with a presumption of innocence

What are some rights that every citizen in a democracy has due to the rule of law? (name at least 3)

• the right to respect

• the right to a fair public hearing

• the right to prepare a defence

• the right to appeal (ask for a re-examination) until the highest court

• the right for judgements to be made public

Everybody has access to justice

What rights does a defendant (person on trial) have in this sense? (2 points)

• the right to a defence

• entitled to legal representation in a police station and court, which may be paid for by legal court if needed

What changes have there been recently that is making it harder for poorer people to access justice?

cuts to legal aid funding over the last 14 years there has been cuts to legal aid over and over again so it is harder for people to have access to justice

The closure of some local courts have meant that people have to travel further to attend court which may be a burden on health or finances

the UK is made up of different countries and therefore there is more than one legal system.

the different legal systems have resulted in 3 separate legal jurisdictions,

What is a legal jurisdiction and what are the 3 legal jurisdictions

territories (countries) in which a particular legal system has authority

• England and Wales

• Scotland

• Norther ireland

England and another county share legal jurisdiction when did this first happen and what country is it?

England and Wales joined together to share a system in 1543

What is common law (also known as case law or precedent) and what is the origin of it?

common law = judge-made laws.

Much of English law is common law and it has existed for a very long time. In the medieval times judges used to travel the country making judgements and once they had made a judgement on one case it stood for all future cases (in other worlds judges set their precedent for all future cases)

Although England and Wales share legal jurisdiction, what independent power does Wales have?

Wales has an assembly with some powers to make its own laws and it can amend UK laws to suit Wales

Welsh Assembly

• when was it set up

• how many members does it consist of?

• What voting system is used to elect 40 of the members? (the other 20 are topped from party lists)

• set up in 1999

• 60 members

• 40 members elected by the first-past-the-post voting system

Scotland has its own legal system - what does it originate from

Roman law

Tell me about how Scotland’s legal system is different to the legal system of the rest of the UK (give 3 points - at least 2)

• It practices Scots law which is very separate from the rest of the UK

• Areas such as employment law are similar to the rest of the UK

• There are significant differences in property and criminal law - in court they have three options = guilty/ not guilty/ not proven

Tell me about Northern Ireland’s legal system (give at least 3 points)

• NI also have their own assembly that makes laws

• the assembly has the responsibility for education and planning in the NI

• Some of NI law comes from Ireland, some from common law

• it has laws passed by the UK parliament

• not all UK laws apply to the NI due to the countries historical and religious background (catholic) - for example abortion laws

what does ‘to legislate’ mean?

to make laws

The UK parliament is sovereign - what does that mean?

it can make laws on anything it chooses

where do most new laws start and who do they have to be agreed by? (covered this in Theme B)

Many new laws start with the government and have to be agreed on by parliament

Give some of the main ways UK laws are made? (at least 2)

• From common law

• from proposals in the manifesto of a political party

• Private members bill (backbench MP proposing legislation on an issue they think is important or may be controversial)

purpose of criminal law?

To protect the public from crime, such as in cases when crime is committed against a person or property

Examples of criminal law against property? (at least 2)

• Vandalism

• Forced entry

• Arson

• Fraud

Purpose of civil law?

to settle disputes in cases involving rights between groups or individuals

Examples of civil disputes settled by civil law? (at least 5)

• work related disputes

• debt

• family disputes (such as divorce and child custody)

• Contractual disputes

• Copyright disputes

• Property disputes (such as ownership of property)

• Person injury

the three main differences between how criminal and civil law and dealt with in court

In criminal cases, the prosecution must show that the person is guilty.

In civil cases, the claimant must prove they have a case (show that something wrong was done to them)

In criminal cases the defendant must be proved (guilty) beyond reasonable doubt

In civil cases the court or tribunal needs to be over 50% sure that the defendant is liable (responsible)

In criminal courts penalties are more serious/severe (imprisonment, fines and community)

In civil courts maximum penalty is a fine (usually compensation)

What is the role of the police? (include 2 examples)

to keep the public safe, for example by:

• deterring crime through patrolling in the community

• investigating and collecting evidence of crime

• preventing crime by providing education in schools and the community

What are the main powers the police have? (give 3 powers and explain each)

• Stop and Search: to stop people in public and ask them to explain their actions/ to stop and search someone if they have a reasonable suspicion that the person has or is about to commit a crime

• Arrest and enter premises: To arrest anyone they believe has committed, is engaged in committing or is about to commit a crime/ to enter premises without permission to save a life or prevent a crime

• Detain and charge: To detain someone for 24 hours without charge/ To charge someone for a crime if they have enough evidence and attend court

What are the roles of the judge? (at least 2)

• being in charge of trials

• keeping order in the court

• upholding and interpreting the law

What are the main powers judges have? (give 3 powers and explain each)

• Applying the law: To apply the law made by parliament and case law/ in criminal trials they advise the jury on points of law to make sure of a fair trial

• Sentencing and outcomes: To decide what punishment those found guilty by the jury in the Crown Court should receive/ In Civil trials, to decide the outcome/ To use sentencing guidelines from the sentencing council

• Setting precedent: To set a precedent by their interpretation of existing laws that is then followed by future judges

What is the roles of a magistrate?

Hear criminal cases in the magistrates court

What are magistrates?

volunteers involved in the local community, rather than judges with specialist training

tell me about magistrates (at least 2 things)

• they are usually volunteers from the local community

• they are not lawyers but have training in the role

• Legal advisers assist them with specialist knowledge

• known as justices of peace

What are the main powers magistrates have? (give 3 powers and develop each)

Hearing cases: To deal with minor cases in criminal law or civil cases in their community

Arrest and sentencing: To issue a search warrant or warrant for arrest/ to grant bail or keep the accused in custody/ to give sentences of up to six months for an offence and 12 months for 2 or more offences/ to give a fine of an unlimited amount

Transferring cases: To transfer serious criminal cases that begin the the Magistrates court to the Crown court

Give an example of a legal representative

Solicitor

Barrister

What are the main roles of legal representatives? (at least 3)

• to be experts in the law

• to help make the legal system fair

• to provide legal advice concerning the detail and complexities of law to non-specialist clients

• to act on behalf of an accused person to represent their defence i court, in criminal cases

• In civil cases to work for the claimant or who the claim has been brought against

The role of a solicitor?

To prepare cases for clients and sometimes to appear in court

The role of a Barrister?

To represent their clients in higher courts, such as the Court of Appeal

For a jury how many jurors are selected and between what ages must they be?

12 jurors between ages 18 and 70

How long does jury service usually last?

around 2 weeks, could be much longer (employers must allow time off and expenses are paid for loss of earnings)

Main roles of the jury (2)

Listening to the evidence given in trials

Decide of evidence points to the defendant being guilty or not guilty

What do jurors do after they have listened to a case (after the hearing)?

meet after hearing the case to discuss their verdict (final decision)

they must not communicate with each other and all phones and devices are removed

What are special constables?

volunteers from all backgrounds that assist the police. When trained they have the same responsibility as the police

What are the benefits of involving ordinary citizens rather than qualified experts in the legal process?

• cost efficient

• different perspectives (fairer)

• they (e.g juries) represent the community

What are the three main rights citizens have when they have been arrested?

• the right to know the reason of arrest

• The right to inform of arrest

• The right to see a solicitor

Why must the police always inform a person about the reason they are arresting? (2 reasons)

• it would violate a person’s human rights for the police to put them in a cell without telling them why

• its links to the right to a fair trial - fair trial would not be possible if a person didn’t know they were being arrested/ they would not be able to defend themselves

Why must a person always have the right to inform of arrest (tell someone why they are being arrested)? (at least 2 reasons)

• to let someone know where they are

• For the police to contact an appropriate adult who must be present during questioning if the person being questioned is under 18 or a vulnerable adult

• It is important to show that the citizen is not being subjected by unlawful treatment by the police

Explain what the right to a solicitor means?

after being arrested, a citizen has the riht to consult with a legal representative for impartial advice from a solicitor that is free and independent from the police

What are some things that will happen when a person is being questioned by the police, referring to a solicitor (name 2 things)

• the police will inform you that you have the right to a solicitor (ensures that people are protected against unfair treatment)

• most people will call a solicitor, if not there is a duty solicitor available 24 hours a day at the police station (and is independent from the police)

What happens as soon as an arrested person gets to the station?

custody officer at the police station explain’s the citizen’s rights

What are the 2 criminal courts?

Magistrates court (used for less serious cases - summary offences such as criminal damage, minor assaults, motoring offences)

Crown court (used for more serious cases - indictable offences)

What are ‘either way’ offences?

offences that can be heard in a Magistrates or Crown court and defendants have the right to ask for a trial by jury

(this is usually for cases such as burglary/theft/drug offences)

What are the 2 types of Crown court judges (describe each)?

High court Judges - deal with very serious cases (murder/rape)

Circuit judges and Recorders - deal with less serious cases (such as theft - usually deals with cases deferred from the Magistrates court)

How does a Magistrates court operate? (at least 3 details)

• three magistrates hear each case (a district judge may hear more complex trials)

• a legal adviser is on hand to provide guidance on points of law

• magistrates pass sentences of up to 6 months in prison and set unlimited fines

• appeals from Magistrates courts are heard in Crown Court

How does a Crown court operate? (at least 3 details)

• A judge presides (runs) over the cases and ensures they are fair

• jury of 12 citizens is selected at random, hears the case and decides if the defendant is guilty or not

• the judge advises the jury of the law and sets the sentence if the jury has found the person guilty

• appeals from the Crown court may be sent to the high court may go on to higher courts

What are the two civil law courts?

Country court

High court

What type of cases does County court deal with? (give at least 2 examples)

• disputes about property

• breaches of contract between property

• seeking payment of debts

• small claims of up to £10,000

Describe some details about the County Court process (at least 3 details)

• cases can be dealt with online via online written evidence with attending court

• An out-of-court settlement may be reached

• people can defend themselves, hire a solicitor or barrister to represent them or, with permission, allow a relative or advice worker to speak for them

• judgement is delivered after judges have heard evidence

• Cases do not usually lead to punishment, but judges can award compensation or damages

• Judges can issue an injunction - an order to not do something (e.g to prevent them from making noise in the early hours)

High courts have three divisions, what are they three divisions and what type of cases do they handle?

• The Queen’s Bench Division - deals with contractual issues (such as breaches of contract, civil wrongs, libel) and also deals with wrongs against property (such as trespassing, wrongs against people or property, negligence (carelessness)

• The Family Division - deals with family law (such as divorce and child custody)

• The Chancery Division - deals with resolution of disputes involving matters such as company law, land law, mortgages. also deals with professional negligence

What are tribunals?

tribunals are similar to courts. They are legally binding but less formal, less expensive and a faster way to solve disputes

how many types of tribunals are there?

130 types of tribunals that deal with around a million cases a year

What types of cases are normally heard at tribunals? (give at least 3 examples)

cases involving disputes affecting daily life:

• employment

• immigration

• lands

• criminal injury

• mental health

• pensions

What are three main points (details) about tribunals?

• cases are heard by a panel of three members. The chair person has legal training the others are citizens with expertise in the issues

• Claimants and respondents give their evidence (both sides give their evidence) and individuals may put their own case without a solicitor or lawyer

• When all evidence is heard a solution is given that day or later in writing

• the tribunal has the power to set fines or award compensation and costs

Who runs/is a part of the tribunal?

Tribunals usually sit as a panel, including a legally qualified chairman and citizens with specific areas of expertise who are paid a fee

What are some other cheaper alternatives to solving civil disputes that don’t really involve the legal system, explain each? (2)

• ADR (Alternative Dispute Resolution) allows parties to settle disputes with the mediation of a third party

• Mediation - impartial third party

• Ombudsmen - are appointed to look at cases without going to court. They investigate cases of injustice and make recommendations on how to put things right

When a young person (under 18) is arrested, when being searched, questioned and interveiwed what is the main right that they have?

The right to be accompanied by an adult

Describe a real life incident that happened when police violated the core right of a suspect under 18 (right to have an appropriate adult with them) ?

A 15 year old girl was strip searched in school without a proper adult. Officers assumed that she had cannabis but she didn’t

What would happen if a young offender admits guilt and the crime is not serious enough for court?

A caution is given and the young person’s needs are then assessed by the Youth Offending Team (YOT) in relation to rehabilitation and education

What punishment are offenders under 10 given?

A local child curfew (must be at home between (9 pm and 6 am).

They are then referred to YOT for support and rehabilitation

Give some details about youth courts (at least 3 details)?

• Youth court is a type of Magistrates court

• deals with cases for people aged 10-17

• Three magistrates or a judge hear the case , no jury

What are the different things taken into account when giving out sentences?

(always remember that they will never sentence a child to prison as it could encourage re-offending)

• age

• severity of crime

• previous record

• guilty plea

• mitigating circmstance

What is a mitigating circumstance?

a possible reason for committing a crime that helps the judge lower your sentence (e.g stealing because you haven’t eaten in a week)

How is youth court different to other courts? (2)

• less formal

• the public are not allowed to watch

What Act helped young offenders (under 18), often from troubled backgrounds, not to re-offend

Crime and Disorder Act 1998

Examples of rehabilitation sentences (for youth) (2)

• community sentencing

• education

• training to reform offenders

What is restorative justice, give 2 examples?

when offenders give back to society - e.g community service and fines

What are three main community sentences for young people? (explain each)

• Referral orders (where a young person agrees to a programme where they meet up with a special panel to make a plan to fix their behaviour and make up for what they did.

• Reparation orders (the young person makes up for the harm caused e.g repairing damage)

• Youth Rehabilitation orders (up to 3 years of rehabilitation e.g for a drug problem)

What age must a young person be to get a detention and training?

How long does detention and training last?

How does the detention work (where is it)?

12 - 17 years old

Between 4 months an 2 years

first half of detention is served a custody centre for young people (not real prison) and the rest in the community

What is the purpose of the restorative justice? (2)

aim to:

• repair harm done

• restore balance

What are Youth Offending teams? (give at least 3 details about them)

• they are independent of the police and courts

• they are a part of the local council

• they work with the police, health and education teams, probation officers and the community to rehabilitate offenders

• They help safeguard welfare and prevent re-offending through dealing with the young persons problems

• they can attend court with the young person

• they can supervise community service

What are some factors affecting crime rates? (at least 5)What

rises in:

• unemployment

• poverty

• social and family breakdown

• family abuse

• misuse of drugs and alcohol

• new kinds of crimes (e.g. cyber crimes)

• changing morals and freedoms

• age of the population

• police policies for reporting and recording crime

What are some reasons for not reporting a crime? (give at least 5)

• not detecting the crime (e.g. online financial fraud)

• being embarrassed about being a crime victim and not wanting others to know

• Being afraid the criminal will take revenge or carry out the offence again

• not wanting the offender to get in trouble

• lack of trust and confidence in the police or justice system to deal with the offender

• fear that they will be treated as a suspect rather than a victim

• not wanting the additional stress and inconvenience of getting involved in an investigation

Crime rates are also affected by the number of people who re-offend, what are some reasons for re-offending?

• Not having a home or a job. Prison provides shelter, food and healthcare

• They may become ‘institutionalised’ by prison (person has been in a place like prison for so long that they find it hard to cope with normal life outside.)

• They may need to fund a drug addiction

• They may learn ‘tricks of trade’ from offenders in prison, and carry out more crime

Name at least 3 strategies that are used to prevent people from committing crimes and explain why each is effective

• Increasing community policing/ police visiting schools and talking to young people - prevents crime by relationship-building with the police and learning to avoid crime

• Providing high quality education - improves opportunities so crime is less attractive

• Providing counselling for drug and alcohol problems - helps people stop abusing drugs and alcohol and keep away from crime (as funding addiction often leads to crime)

• Providing positive opportunities for young people, such as youth clubs - involves young people in activities so they do not turn to crime out of boredom

Name at least 2 strategies that are used to protect people in society from crimes and explain why each is effective

• security measures such as CCTV alarms, locking and alerting devices - protects people and property by putting off potential criminals since they know they may be caught

• Neighbourhood watch schemes - crimes are less likely if observers notice activity

• Improving the community, for example, increased street lighting, keeping a neighbourhood clean and orderly - crimes are less likely if improved conditions show up criminal behaviour (suspicious activities are more out of place in communities that are cared for)

What do Judges and magistrates use/follow when deciding what type of sentence is justified for a person?

They follow Sentencing Council guidelines

What are some things that judges and magistrates take into consideration when deciding a sentence? (at least 4)

• the offenders age

• criminal record

• seriousness of the crime

• the level of harm done to the victim

• level of blame

• whether they have pleaded guilty

unrelated: in the UK imprisonment is the most severe punishment

What is the aim of the punishment of imprisonment?

• to protect the public from danger and exercise retribution through the loss of freedom