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Criminology > AC 1.1 > Flashcards

AC 1.1 Flashcards

1
Q

What is the difference between Government and Parliament?

A

Government - job is to run the country
Parliament - job is to represent the people

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2
Q

Who makes up the House of Commons?

A

It is made up of the elected representatives of the people, 650 members of parliament

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3
Q

What is the role of the House of Commons?

A

Each MP is elected at a general election to represent

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4
Q

Who makes up the House of Lords?

A

There are 92 hereditary peers. There are also 26 Church of England bishop and archbishops

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5
Q

What is the role of the House of Lords?

A

Act as a ‘double-check’ on new laws.

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6
Q

What is the first process in creating a law?

A
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7
Q

What are the two types of bills?

A

Private bills and Public bills

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8
Q

What is the difference between Government bills and Private Members Bills?

A

Government bills - supported by the government
Private member’s bills - sponsored by individual members don’t make it into laws all the time

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9
Q

Why are Government bills likely to take priority and to be passed by Parliament?

A

The government have a majority in the House of Commons (most of the MPs are on their side)

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10
Q

What is the consultation stage?

A

The government get the opinion of people on what the law should say (this could include experts in the subject and ordinary people)

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11
Q

What is a Green paper?

A

Ideas and discussions for a bill

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12
Q

What is the purpose of the First Reading of the bill?

A

To let members know that a bill is coming up for discussions

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13
Q

What is the purpose of a Seconding Reading of a bill?

A

The minister will explain the contents of the bill

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14
Q

Why is the second reading of a bill more important?

A

There will be a debate, followed by a vote. This will decide whether the bill should go to the next stage.

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15
Q

What is the Committee Stage?

A

When a separate group MPs go through the bill in detail

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16
Q

What is the Report Stage?

A

The bill goes back to the House, for some amendments

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17
Q

What is the Third Reading?

A

This gives the House of Commons a chance to look at the bill with all the amendments

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18
Q

How does the Committee Sage in the House of Lords differ from that in the House of Commons?

A

HOL - the lords work together and go through the bill line by line

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19
Q

What has to happen to a Bill if the Lords make changes to it?

A

The bill must go back the House of Commons

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20
Q

What happens to a Bill once both Houses have agreed on it?

A

The Bill must be given to the King/Queen for the royal assent

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21
Q

Why should the Monarch agree a Bill taht is passed to them?

A

It represents the will of the people

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22
Q

Example of a Government Bill that was blocked by the House of Commons

A

Tony Blair voted against increasing the time terrorist suspects can be contained in custody from 14 years to 90 days

23
Q

How long does the law-making process last?

A
24
Q

What is the Criminal Justice Act (2003)?

A

This introduced a change in the double jeopardy rule, following Ann Ming’s campaign and the recommendations of the Macpherson Report

25
Q

What is the Crimes Sentence Act (1997)?

A

This introduced a mandatory minimum for a range of repeat offences, such as an automatic life sentence for a second serious sexual or violent offences

26
Q
A
27
Q

What does overruling mean?

A

Higher courts can over turhighern a decision and set a new precedent

28
Q

What does distinguishing mean?

A

Precdent ca only e biding if the principle of a case is the same, and the facts are similar

29
Q
A
30
Q

What does reversing mean?

A

A higher court changes a decision made in a lower court on appeal

31
Q

What is the literal rule?

A

Involve giving words their literal, plain, English meaning

32
Q

What are the advantages of the literal meaning?

A
  1. it doesn’t offend the separation of powers
  2. it highlights faulty legislation to law-makers
  3. offers certainty
33
Q

What are the disadvantages of the literal rule?

A
  1. it can produce absurd results
  2. simplistic in the way it looks
34
Q

What is the golden rule?

A

This is used to avoid the creation of an absurd result

35
Q

What is the narrow approach?

A

This is choosing the meaning where its wording is ambiguous

36
Q

What is the wide approach?

A

The court ignores the literal meaning of the word

37
Q

What are the advantages of the golden rule?

A
  1. It provides an escape route for the court
  2. it can be seen as following the true intention of Parliament
  3. judges can’t change intention of parliament
38
Q

What are the disadvantages of teh golden rule?

A
  1. no guidance on how and when to use the rule
  2. holds parliament to high standards
  3. could arguably be against separation of power
39
Q
A
40
Q

What is the mischief rule?

A

It gives effects to the intention of parliament where a statute was intended to remedy on existing

41
Q

What is the advantage of the mischief rule?

A
  1. it allows for an escape rule
  2. improves the law
  3. gives effect to parliament true intentions
42
Q

What are the disadvantages of the mischief rule?

A
  1. the rule is very old - law today is more complex
  2. less extrinsic aids
    3.
43
Q

Give a case example that uses the mischief rule?

A

Corkery V Carpenter

44
Q

What was the Corkey V Carpenter?

A
45
Q

How does Corkery V Carpenter use the mischief rule?

A

The bicycle wasn’t considered a carriage

46
Q

What was the Smith V Hughes?

A
47
Q

How does the mischief rule pay apart in Smith V Hughes?

A

The balcony isn’t a public place, the prostitutes were projecting their solicitations onto the streets, thus becoming a public place

48
Q

What is the purposive approach?

A

The court attempts to find the broader purpose behind a piece of legislation rather than just the meaning of it’s word

49
Q

What are the advantages of the purposive approach?

A
  1. gives effect to parliament
  2. shows the intentions
  3. uses a lot of extrinsic aids
  4. avoid absurd results
50
Q

What are the disadvantages of the purposive approach?

A
  1. offers huge freedom to judges
  2. could be viewed as offending separation of powers
  3. it can only be used if it is possible to identify parliaments intentions
51
Q

In what case was he purposive approach used?

A

R V Secretary of State for Health

52
Q
A
53
Q
A

Criminology (10 decks)

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