Unit 3 Citizenship AQA

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Citizenship Unit 3: Power and Justice
What is crime?
The nature of crime and the role of the police
Crime is something that breaches the rules of law that are given by a governing authority.
There are two types of law; Civil and Criminal. Civil law is concerned with the rights and
duties of citizens in dealings with other citizens including lending and borrowing money,
entering into contracts, disputes with neighbours, and getting married or divorced.
Criminal law is criminal offences that are regarded as offences against society including
murder, stealing and rape. Criminal cases are dealt with in Magistrates and Crown courts
whilst civil cases are heard in the High and County courts. Criminal cases are regarded as
crimes against the state and the Crown Prosecution Service is responsible for conducting
the case. Civil cases are started by the individual or business that is making the claim. A
defendant in a criminal case is either found guilty or not guilty, whilst a defendant in a civil
case is either found liable or not liable. The standard proof in a criminal case has to be
proved beyond all reasonable doubt
whilst in a civil case it is on the balance of probability .
In criminal law in order to be proved guilty (in most cases) two elements must be proven;
Actus Reus, Mens Rea, and Strict Liability. Actus Reus is the physical element of a crime ­
what the defendant has done or not done. There are two different forms of Actus Reus:
Commission and Omission. Mens Rea is the mental element of a crime ­ what the
defendant is intending, thinking, or failing to think when the crime is committed. There are
two different forms of Mens Rea: Intention (must be proved that a defendant made a
decision to bring about the prohibited consequences of a crime) and Recklessness (When
a defendant takes an unacceptable risk). Strict Liability is offences where the defendant is
guilty purely because they did the Actus Reus.
Miscarriage of Justice is where a person is convicted and punished for a crime that they
didn't commit. There are many reasons for a miscarriage of justice:
Plea bargains that offer incentives for people to plead guilty.
Withholding of evidence by police or prosecution.
Fabrication of evidence.
Prejudice by the police or jury.
Faulty forensic tests.
False confessions.
The power to Stop and Search individuals in public is a balancing act between respecting
people's civil rights and protection of society. The police's powers to stop and search
individuals are contained in ss 17 of PACE and code of practice A. s1 gives the police the
right to stop and search people and vehicles in a public place. To exercise this power the
officer must have reasonable grounds for suspecting that the person is in possession of
stolen or prohibited articles. The police may enter Premises without the occupier's
permission to make a search if a warrant has been issued by a magistrate. The police can
enter premises without a search warrant if the occupier of the premises gives them
permission to do so. This permission must be given in writing and if withdrawn at any time
the police must stop their search and leave the premises. The power to Detention has a
time limit where the police can detain a person for 24 hours, then after this another 12
hours could be needed with the permission of a senior officer. A suspect must then be
charged or released depending upon the circumstances. However, with serious arrestable
offences a suspect can be detained for a further period if the police apply to the
magistrate's court. A maximum of 96 hours is then the period of detaining. Police also

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Arrest someone, some of which include arrest for Breach of the peace,
arrest with a warrant/without a warrant, arrest for failing to surrender under bail, and
arrest for aggravated trespass. However in order to arrest someone they need to have
reasonable grounds as to why someone is being arrested.
Police powers are contained in the PACE Act (Police and Criminal Evidence Act 1984) and
the codes of practice found in s66 of PACE.…read more

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It must also have strong evidence in favour of the cause. The second test is the
Public Interest test where each case needs to be judged on its own merits although there
is a code which gives example factors of a prosecution.
Safeguards have been put into place to protect the suspected individual. The officer must
give name and station and state reasons for being detained.…read more

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The Court Duty solicitor scheme allows a person that has already been charged with an
offence to consult with and be represented by a solicitor at the Magistrates' Court on their
first appearance if they do not have, or simply have not contacted, their own solicitor.…read more

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Jury is used today in the following courts: Crown court, High court, Queen's Bench
division, County court, Coroners' court. The most common and important use of the jury is
in Crown Court where they decide on criminal matters that involve the necessary finding
of either guilty or not guilty. Jury trials amount for less than 1% of all criminal trials due to
the majority of cases being dealt with in Magistrates court.…read more

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UK. The commission assesses whether
convictions or sentences should be referred to a court of appeal.
The Criminal Justice Act 2003 is a wide ranging measure introduced to modernise many
areas of the criminal justice system in the UK (mainly England and Wales). It amends the
law relating to police powers, bail, disclosure, allocation of criminal offences, prosecution
appeals, hearsay, bad character evidence, sentencing and release on licence.…read more

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Electing representatives, elections and accountability
Representative Democracy in the UK is where citizens elect representatives to sit in
Parliament and represent them. In doing this citizens hand over the decision making to
someone else. Representatives are usually members of a political party, although anyone
can technically stand for election as an MP. MP's have responsibility to listen to their
voters' concerns and make sure that they take these into account when making decisions.
Citizens should enjoy freedom of speech, assembly and dissent.…read more

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Cabinet Collective Responsibility, which states members of the cabinet must
approve publicly of its collective decisions or resign. This means that a motion vote for `no
confidence' is not in order should the actions of an organ of Government fail in the proper
discharge of their responsibilities.…read more

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Citizen's relationship to those elected
Citizens of the UK are able to participate towards the country in many ways through
personal levels, local levels, regional levels, national levels and global levels.…read more

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There would be a full judicial inquiry into allegations of British complicity in torture
and state kidnapping. --A full judicial inquiry has been announced.
The Labour Party has always been thought of as leftwing or centreleft in its politics. It
has maintained the stance of being a Socialist party ever since its inception. Party is
described as a broad church, containing a diversity of ideological trends from strongly
socialist, to more moderately social democratic.…read more



this and your unit 4 revision have been so helpful, thankyou! :-)

taylor Samster

this was very helpful (2015 and still no A2 book!)

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