Criminology : AC1.1 : Describe Processes used for Law Making
- Created by: timid_silence19
- Created on: 26-04-19 09:47
Government Processes
- Main legislative body in the UK is parliament
- Laws passed by parliament are known as Acts of parliament or statutes
- Around 70 to 100 acts are passed each year
- An Act is known as a bill before it is a law
Parliament
- Consists of 3 bodies :
1. Monarch
2. Lords
3. Commons
- Both houses must vote in favour of a bill before it becomes a new act of parliament
Preparing & Drafting a Bill
- Government Department publishes Green Paper
- Green Paper outlines plans for a bill and seeks advice & comments from affected people and organisations
- Minister and Department then consider comments and publish White Paper
- White Paper outlines new ideas for a bill.
- Parliamentary draftsmen use White Paper to write Bill
Bill to an Act Process
1. First Reading - Formal introductions of Bill into the House of Commons/Lords
2. Second Reading - Main debate on the Bill's principles
3. Committee Stage - Clause-by-clause consideration of Bill by committee
4. Report Stage - Reviewed by the Huse in which it started. Amendments will be debated in the House and accepted or rejected
5. Third Reading - Final debate on Bill
6. Repeat of Process - If Bill began in House of Lords, all stages will be repeated in House of Commons
7. Royal Assent - A formality where monarch approves Bill
Now an Act of parliament
First Reading
- When a Bill is introduced into parliament
- A way of letting members know a Bill is coming up for discussion
- Date for second reading has to be named when a Bill is given its first reading
Second Reading
- Explaining the purpose of the Bill
- Usually at least 2 weekends between first and second readings
- First really important stage of a Bill
- Minister in charge explains its main purpose
- This stage consists of the main debate
Committee Stage
- Looking at the details
- Allows examination of all the detail of a Bill fot the first time
- Most Government Bills considered by committees between 15 and 50 MP's known as Public Bill Committee
- Membership is always roughly in proportion to the number of seats each party has in the commons
- At least one Minister from the government department responsible for the Bill will be on the committee as will a front-bench spokesperson from each of the main opposition parties.
- 15 to 50 members is more managable
Report Stage
- Further consideration and changes by the whole House
- House of Commons have to be told what happened as normally only a small number of members will have been involved in the committee meetings
- Bill will be reprinted before the report stage if there have been amendments so members can see how changes fit into the Bill as a whole
Third Reading
- Overall examination of the Bill
- Gives House of Commons a chance to look again at the Bill as a whole
- Decide whether they want it to go any further
- Bill cannot be changed at this stage
- Once passed third reading, one of the clerks at the table carries it to the House of Lords for their consideration
- Bill then passes to Lords where the process is repeated
- Any changes made by HoL have to be considered by the HoC
- Commons normally accept most of the Lords' amendments which are non-controversial
- When Commons do not agree they will send a note to the Lords explaining the reasons
- Bill may go to and fro for a while, a process known as 'ping-pong'
-If unable to compromise, Commons will eventually get its way by reintroducing the Bill the following year
- Lords usually compromise the first time round and save the commons the trouble of reintroducing it
Royal Assent
- Once both Houses of Parliament have passed a Bill it has to go to the Queen for Royal Assent
- No Bills have been rejected by the Monarch since 1707 by Queen Anne
- Even after an Act has received the Royal Assent, it may not come into force straight away
- Most Acts do come into force
- Some Acts require a special order called a Commencement Order before they take effect
Green and White
Green Paper - Outlines plans for a possible new law
White Paper - Government publishes firm proposals
Judicial Processes : Role of Judges
- The system is adversarial (parties run their cases with the judge acting as referee)
- Basic role of judges is to uhhold and interpret National Laws
- Judge has to ensure that the jury understands the evidence and issues
- Judges will advise jury on processes and explain their duties
- Judges will deal with any points of law that have to be decided and will advise jury on how to apply the law to the facts they find
- Control court proceedings by acting as 'case managers' ensuring trials are conducted fairly
- Have to make sure that evidence has not been tampered with or that statements have not been made under pressure
- Will pass sentence if defendant is guilty
- Trial Judges hear cases at first instance
- Appeal Judges hear both criminal and civil appeals
Criminal Trials
- Ensure hearing is carried out fairly
- Decide questions of law
- District judges in Magistrates court decide verdict, sentence and preliminary matters
- Crown Court - sum up for jury, sentence if appropriate
Criminal Appeals
- Review hearing at first instance
- Decide whether the law was correctly decided and whether the hearing was carried out properly
- Decisions made by 3 or more judges
- Can change decision if unsafe
- Order a retrial
- Revise the sentence
- Decide issues of law in important cases
- Clarify or amend law where appropriate
Judicial Precedent
- Law made by judges in the courts
- When a case appears before them they must make a judgement and this forms the law
- It must be followed in future similar cases
Donoghue v Stevenson 1932
- Donoghue found a decomposed snail at the bottom of her ginger beer
- Bottle was opaque so the snail couldnt have been seen
- The manufacturer owed a duty of care to the consumer
Consistency
- Judges need to apply the law consistently and use the same principles in similar cases
- Law must be common in all cases
- Lower courts must abide by the decisions from higher courts
- Distinguishing and overruling is only permitted by the very nature senior courts such as the Supreme Court
- When there is no precedent the judge must make a decision and give an original precedent
Statutory Interpretation
- Alternative way a judge can make law is through statutory interpretation
- Judges in the superior courts are sometimes called upon to interpret words and phrases within a statute
- Have various rules and aids and have the ability to interpret in the way they see fit
Whiteley v Chappell 1868
- Defendent pretended to be someone who had recently died in order to use that persons vote
- It was an offence to "personate any person entitled to vote"
- Court had held that becasue dead people cannot vote, the defendent was held not to have committed an offence
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