SOCI5360_Demystifying Legal Systems

INTRODUCTION

  • Course Title: SOCI5360 DEMYSTIFYING LEGAL SYSTEMS

  • Instructor: Dr. Marian Duggan

OUTLINE OF CONTENT

  • Exploring Legal Systems in the UK

  • Understanding Law, Politics, and Justice Models

  • The Process from Suspect to Trial

  • Examination of Sentence Types and Sentencing Practices

  • Examples of Sentencing in Practice

POLITICS, LEGAL SYSTEMS, AND JUSTICE PROCESSES

GOVERNMENT STRUCTURE

  • Parliament: Primary legislative body in the UK.

  • The Crown: Provides a constitutional monarchy framework.

  • House of Lords: Upper chamber, mainly review legislation.

  • House of Commons: Lower chamber, directly elected representatives.

VOTING SYSTEMS

  • First-Past-The-Post: Electoral system for General Elections.

  • Additional Member System: Mixed electoral system.

  • Single Transferable Vote: Proportional representation system.

  • Democracy to Parliamentary Sovereignty: Parliament’s sovereign power to make laws.

  • Unwritten Constitution: Reliance on conventions instead of a single written document.

UK LEGAL SYSTEMS OVERVIEW

  • Devolution: Distinct legal systems for England and Wales, Scotland, and Northern Ireland.

  • Acts of Union: Historical agreements leading to current legal structures.

  • Scots Law: Pluralistic and unique legal terminology and outcomes.

LEGAL AND POLITICAL PROCESSES

  • Monarchical Authority: The King holds theoretical power; practical power lies with Parliament.

  • Parliamentary Sovereignty: Parliament’s ability to legislate free from interference.

  • Judicial Independence: Judges maintain political neutrality, with conventions guiding practices.

UK COURT SYSTEM

  • Court Hierarchy: Structure includes:

    • Supreme Court (2009)

    • Court of Appeal

    • High Court of Justice

    • Crown Court

    • Magistrates’ Court

  • Case/Common Laws vs. Acts of Parliament: Sources of law and their implications.

  • Rule of Law: Principles guiding governance, including:

    1. No sanction without breach

    2. Equality under the law

    3. Protecting individuals’ rights via judicial decisions.

KEY POINTS FROM THE READING (FREIBERG, 2021)

  • Public Trust: Essential for confidence in criminal justice systems.

  • Perceived Sentence Leniency: Major factor influencing public trust.

  • Initiatives to Build Confidence: Education, liaison officers, media outreach.

  • Challenges: Misinformation from media and social platforms hinders trust-building efforts.

UNDERSTANDING SENTENCING

  • SUSPECT TO TRIAL PROCESS (ENGLAND & WALES):

    • Police discretion in charging suspects.

    • Role of Crown Prosecution Service – evidential and public interest tests.

    • Criminal case names format (e.g., R v Duggan).

    • Adversarial trial system vs. inquisitorial.

    • Burden of proof on the prosecution during trials.

TYPES OF SENTENCES (PAST AND PRESENT)

  • Historical Sentences:

    • Fines, public shaming, corporal punishment, prison terms, death penalty, transportation.

  • Modern Sentences:

    • Absolute/conditional discharge, suspended sentences, community service, driving disqualifications, drug treatment orders.

SENTENCING PROCESS OVERVIEW

  • Processes:

    1. Determining type of penalty.

    2. Establishing tariff.

  • Appeals Rights: Defendants can appeal convictions or sentences.

  • Managing Offenders: Sentencing enforced by National Offender Management Service (NOMS).

ABSOLUTE DISCHARGE

  • Definition: Finding of guilt with no conviction or conditions.

  • Duration on Record: Stays for one year, then removed.

CONDITIONAL DISCHARGE

  • Definition: Finding of guilt with conditions to follow.

  • Record Duration: Remains for three years post-probation order.

FINANCIAL PENALTIES - FINES

  • Nature of Fines: Long-standing non-custodial penalty for summary offences.

  • Structure: Tiered fines based on offending behaviour, can be paid in installments.

COMMUNITY PENALTIES

  • Duration: Between one and three years.

  • Options Include:

    • Community payback, supervision, drug rehabilitation, curfews, exclusion orders.

PROGRAMMES

  • Types of Programmes:

    • One-to-One Programme, Enhanced Thinking Skills Programme, Domestic Abuse Programme, Anger Management Programme, Substance Abuse Programme.

SUSPENDED SENTENCE

  • Definition: Involves probation conditions but remains a conviction.

  • Legislative Change: Major shift with Criminal Justice Act 2003.

CUSTODIAL SENTENCES

  • Criteria: Used when neither fines nor community sentences are justified.

  • Tariff Regulations: Set minimum and maximum sentences based on seriousness of the offence.

CONCURRENT V CONSECUTIVE SENTENCES

  • Definitions:

    • Concurrent: Served simultaneously.

    • Consecutive: Served one after the other.

SENTENCING REFORMS

  • Changes Over Time: From subjective to structured sentencing guidelines.

  • Legislative Acts Impacted: LASPO Act 2012 and Police, Crime, Sentencing and Courts Act 2022.

CONCLUSION

  • Importance of Politics in Legal Systems: Understanding criminal justice policy influenced by political components.

  • Variability of Justice Concepts: Different interpretations of justice affect outcomes based on individual perspectives.

CREATION OF NORTHERN IRELAND

  • Historical Context: Ethno-political struggles leading to discrimination and conflict in Ireland.

  • Landmark Events: Home Rule struggles, Good Friday Agreement.

  • Current Status: Ongoing political relevance within UK.