LO1

Question 1

Parliamentary stages of the bill.

Answer 1

-Green paper.
-White paper.
-First reading.
-Second reading.
-Committee stage.
-Report stage.
-Third reading.
-House of Lords.
-Royal Assent.

Question 2

What is green paper?

Answer 2

This is the initial report that provokes a discussion in the pupil and it contains questions for organisations or individuals that may be affected by it to answer.

Question 3

What is White Paper?

Answer 3

This is the document produced as a result of discussions and consultations that sets out the plans of the legislation. It will include a draft bill that will be put forward before Parliament.

Question 4

What is first reading?

Answer 4

A formal announcement of the bill title, no debate.

Question 5

What is the second reading?

Answer 5

The main principles of the bill are considered and debated on by the whole house and a vote takes place.

Question 6

What is the committee stage?

Answer 6

Examined in detail by a small committee and a report is created of their recommendations for amendments.

Question 7

What is the report stage?

Answer 7

This is a chance for the house of commons to consider the committee’s report and debate on amendments they might want to make.

Question 8

What is the third reading?

Answer 8

This is the final chance for the commons to debate on the Bill. No amendments can be made and there is a vote on whether to pass or reject the Bill.

Question 9

What is the house of lords role?

Answer 9

Goes through the same stages as the rest of the parliamentary stages and if any amendments have been made by the Lords, it’s passed back to the commons to approve or reject them.

Question 10

What is the Royal Assent’s role?

Answer 10

Once the bill has the approval of both houses the monarch signs the bill and it becomes an Act of Parliament. This happens immediately or when the Act states it will come into force, as a commencement order.

Question 11

Who are responsible for making the Law?

Answer 11

Parliament are the ones responsible for making laws, judges can make law through judicial precedent and statutory interpretation.

Question 12

What is judicial precedent?

Answer 12

This is decisions of past judges that creates law for other judges in similar cases to follow. It follows the idea of state decisis which translate law to ‘stand by the decision.’ This becomes common law as its a common set of rules that apply to the whole country. Courts that are higher up the hierarchy ‘bind’ other courts meaning courts lower down have to follow those decisions. This is know as binding or original precedent. These are exceptions to precedent through the use of distinguishing and overruling.

Question 13

What is distinguishing?

Answer 13

This is where the judge decides that the facts of the case are different enough to justify not following precedent.

Question 14

What is overruling?

Answer 14

This is where a court higher up the hierarchy states that a legal decision in an earlier case is wrong and overturns it. It can happen in appeals.

Question 15

What is R v R (1991)?

Answer 15

Rape within marriage until this case wasn’t recognised overruling meant that the law was changed.

Question 16

What is statutory interpretation?

Answer 16

These are rules that judges follow to interpret statues. The way they interpret statues can make law. Judge need to apply the rules of statutory interpretation to interpret the words and meaning in statues and then apply them to the cases they are judging.

Question 17

What are the 3 main rules of statutory interpretation?

Answer 17

The literal rule.
The golden rule.
The mischief rule.

Question 18

What is the literal rule?

Answer 18

Judges use the plain ordinary meaning or the words in statute. The problem with this is that some words can have more than one meaning.

Question 19

What is the golden rule?

Answer 19

This is taking literal meaning of a word can result in absurd outcomes.

Question 20

What is the mischief rule?

Answer 20

This allows the court to enforce what the statue was intended to achieve rather than what the words actually say.
The Licensing Act (1872) makes it an offence to be drunk in change of ‘carriages’ on the highway.

Question 21

Law creation and administration.

Answer 21

The passing of the criminal law by parliament and the justice system by government departments.

Question 22

Law enforcement.

Answer 22

This is giving by police.

Question 23

The city’s.

Answer 23

These include prosecution and defence and they decide the outcome of criminal cases.

Question 24

Punishment of convicted offenders.

Answer 24

This is down by prisons and probation services.

Question 25

What do parliament do?

Answer 25

Parliament and judges makes laws dealing with crime. They pass Acts. They create law by setting judicial precedents.

Question 26

What is the administration of the system?

Answer 26

2 government departments that oversea most of the justice system and they are responsible for its smooth running: The Ministry of Justice and The Home Office.

Question 27

What do the police do?

Answer 27

They can do foxes penalty notice but vituay all cases go to court. They’re responsible for enforcing law. There are 43 regional police forces in England and Wales.

Question 28

What do CPS do?

Answer 28

They are an independent prosecution service. They advise the police in their investigation. They assess the police evidence. Their decisions are based on The Full Code test. They present and prepare the prosecution case in court.

Question 29

What do HM courts and tribunals services do?

Answer 29

They are responsible for administration of the city’s and tribunals in England and Wales.

Question 30

What do the courts do?

Answer 30

Magistrates’ courts deal with less serious offences (95%). The crown court deals with serious offences, which are triable by judges and juries (5%). Everyone goes to magistrates, they plea here. Jury in crown grout decides verdicts. Judges in crown court passes sentences.

Question 31

What do HM prisons and probation services do?

Answer 31

Prison service supervises offenders in custody. They facilitate visits from the police and lawyers if the investigation is still ongoing and the suspect has been remanded in custody until the trial. The National Probation Service supervises offenders who are serving their sentences in the community, including prisoners who have been released on licence. The management and punishment of offenders, the prison and probation services seek to rehabilitate offenders so that they can lead a crime-free life.

Question 32

Who do the police have relationships with?

Answer 32

Courts- they will give evidence, hold defendants in police cells and transport them to and ron court if not given bail. CPS-They will provide evidence for the prosecution of offenders; charging offenders in line with CPS instructions. HM prison and probation services- police will arrest prisoners who have been recalled to prison for breaching the terms of they’re licence. Voluntary organisations- eg. referring victims and witnesses of crime to victim support, women refugees, the witness service etc.

Question 33

Who do the CPS have relationships with?

Answer 33

The police- They advise on possible lines of enquiries and evidence collection to build a case; instructing them in charging suspects. The courts- They prepare and present the prosecution case, provide protection for vulnerable witnesses and prepare appeal cases eg. unduly lenient sentences.

Question 34

Who do government departments have relationships with?

Answer 34

Courts, prison service and probation service- Through HM courts and tribunal service and HM prison and the probation service. The police- Where the Home Office is the department responsible. Government department provide funding for these parts of the justice system. The funds come out of general taxation.

Question 35

Who do HM courts and tribunals service have relationships with?

Answer 35

Courts and judges- they supervise the efficient running of the courts system; funding the individual courts. HM prison service- holding prisoners attending court, pending their transfer/return to prison while held on remand.

Question 36

Who do the national probation service have relationships with?

Answer 36

HM prison service and the parole board- They supervise prisoners who are released on licence. The courts- They prepare pre-sentencing reports on offenders; supervising offenders who have been given a community service by the court.

Question 37

Who do HM prison service have relationships with?

Answer 37

The courts- They carry out the custodial sentences that the court has imposed on offenders; supervising defendants who have been remanded into custody (refused bail) by the court; facilitating visits from defence lawyers to their clients in prison. The police- They facilitate interviews with prisoners involved in ongoing police investigations. The national privation service- Licensing when a prisoner is to be released from prison on licence.

Question 38

Who do ither parts of the justice system have relationships with?

Answer 38

Voluntary organisations- Eg. victim support. Campaigns to change the justice system- Eg. The Howard League for Penal Refirm, the prison reform trust and inquest have relationships with the courts, prisons, police, the ministry of justice and the home office.

Question 39

What are the two models of criminal justice?

Answer 39

The crime control model. The due process model.

Question 40

Describe the crime control model.

Answer 40

It prioritises victims rights. It favours the conveyor belt system. Trust the police. Starts from presumption of guilt. Rather convicted innocent people. Right realism.

Question 41

Describe the due process model.

Answer 41

Priorities suspects rights. Favours a obstacle system. Less trust in the police. Starts from the presumption of innocence. Rather let guilty people go free. Left realism.

Question 42

Link between right realism and the crime control model.

Answer 42

The crime control model is a right-wing, conservative approach to justice and it has much in common with right realist theories of crime. Eg. Zero til policing strategies, it favours giving the police greater peers to investigate and suppress crime.

Question 43

Link between functionalism and the crime control model.

Answer 43

It also has links with Durkheim’s functionalist theory that punishment reinforces society’s moral boundaries. As the main function of justice is to punish the guilty, this enables society to express its moral outrage and strengthen social cohesion.

Question 44

Link between labelling theory and the Due process model.

Answer 44

The due process model is a liberal approach. It aims to stop state agencies like the police from oppressing people. As such it has links to labelling theory. The police may be tempted to act illegally, harassing groups that they label negatively as ‘typical criminals.’ The due process model offers some protection again this as it requires the police to follow lawful procedures and not exceed their powers.

Question 45

Link between left realism and the Due process model.

Answer 45

This theory argues that oppressive ‘military policing’ poor areas trigger confrontations and makes residents unwilling to assist the police. In the left realist view, police must follow due process by acting in a lawful and non-discriminatory way if they want to fight crime effectively, since this depends on the cooperation of the community.

Question 46

2 models and the UK justice system.

Answer 46

1) The rules governing the working of justice system. The way the system works in practice. Rules governing the working of the justice system. 1)Rules are things like torture, forced confessions, illegally obtained evidence. However, the judge has the power to admit illegally obtained evidence. This is supporting crime control.

Question 47

Due process and Crime control in practice.

Answer 47

It may be that most cases, police, prosecutors and judges respect the due process rights of the accused and follow correct procedures. Eg. only a small proportion of defendants who are convicted of an offence seek to appeal against either their conviction or their sentence l, which could indicate that lost are reasonably satisfied with the way their case was processed by the justice system.

Question 48

What are example of where we haven’t used due process.

Answer 48

Colin Stagg- He was honey trapped into giving a confession. Sally Clark- An expert gave innocent statistics in court meaning Sally was wrongly convicted. The Birmingham Six- They were tortured into giving a false confession. Forensic experts got the bomb traces wrong and made an assumption. The West Midlands and serious crime squad- The squad fabricated evidence tortured suspects and wrote false confessions. 40 convictions failed.