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- Created by: ems200202
- Created on: 08-03-21 13:15
PROCEDURE OF BY WHICH BILLS BECOME LAW
Green/White Paper
First Reading, Second Reading, Committee Stage, Report Stage, Third Reading-Ping pong/Royal Assent
First Reading, Second Reading, Committee Stage, Report Stage, Third Reading-Ping pong/Royal Assent
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GREEN PAPER
A green paper outlines the issue that the government is putting forward for reform or for the introduction of law. A recent example of a green paper is the building and safety bill 2019.
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WHITE PAPER
A white paper is a document that explains how the change in law will come to be. A white paper can be instead of a green paper setting out firm proposals ,comments will also be encouraged on this too.
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FIRST READING
This is the first formal procedure whereby the name of the bill is announced and the main aims of the bill
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SECOND READING
the second reading holds the first debate. Here MP’s can debate the bill and a vote takes place.
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COMMITTEE STAGE
he next phase consists of the masin amendment stage, whereby the bill is scrutinised by 16 and 50 MP’s . These “chosen committees” are predominantly chosen selectively based on the bill. However, for finance bills, the whole house sits in (house of common
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REPORT STAGE
This is whereby amendments from the clauses in the committee stage are voted and passed. It’s logical its called the report stage because the committee REPORTS back to the house the amendments made. There is not always a report stage because not all bills
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THIRD READING
holds the final vote on the bill. With that being said, the HOC only have a vote if 6 or more MP’s vote for one
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ping pong
then gets passed to the unelected house (HOL), where it goes through the same 5 stages. The HOL might make amendments which will be considered by the HOC, but arent always accepted and sent back , a process called “ping pong”.This only happens if it start
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NAME WHO CREATES AND ADMINISTERS LAW
Parliament passes Acts (legislation or statutes)
Judges create law by setting judicial precedents that other courts must follow, and by interpreting the meaning of statutes (statutory interpretation)
Administration of the system – Two government departmen
Judges create law by setting judicial precedents that other courts must follow, and by interpreting the meaning of statutes (statutory interpretation)
Administration of the system – Two government departmen
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NAME WHO ENFORCES LAW?
POLICE/THE COURTS-PROSECUTING AND DEFENDING SUSPECTS
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ROLE OF THE POLICE
Investigate crime, collect evidence, arrest, detain and question suspects
In minor cases, they may issue a caution or fixed penalty notice
In all other cases, they will send the files to the Crown Prosecution Service to decide whether to prosecute
In minor cases, they may issue a caution or fixed penalty notice
In all other cases, they will send the files to the Crown Prosecution Service to decide whether to prosecute
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ROLE OF THE CPS-
Independent prosecution service for England and Wales dealing with about half a million cases per year
CPS advises police in their investigation about lines of inquiry and what is required to build a case
Assesses the evidence the police submit to them an
CPS advises police in their investigation about lines of inquiry and what is required to build a case
Assesses the evidence the police submit to them an
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ROLE OF HM REVENUE AND PROBATION SERVICE
Responsible for the administration of the courts and tribunals in England and Wales
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ROLES OF TRIBUNAL SERVICE
Magistrates’ courts deal with less serious summary and triable-either way offences (about 95% of all cases)
Crown Court deals with serious triable-either way and indictable offences, which are heard by a judge and a jury
The prosecution (CPS) and defence
Crown Court deals with serious triable-either way and indictable offences, which are heard by a judge and a jury
The prosecution (CPS) and defence
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ROLES OF PRISION SERVICES
HM Prison Service supervises offenders in custody
The National Probation Service supervises offenders who are serving their sentence in the community, including prisoners who have been released on licence to serve part of their sentence outside of prison
The National Probation Service supervises offenders who are serving their sentence in the community, including prisoners who have been released on licence to serve part of their sentence outside of prison
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DESCRIBE THE ROLE OF THE JUDGE
The system is adversarial
Judge has job to ensure jury understands the evidence
Judge will deal with points of law and advise jury
Judge will advise jury of their duties
Judge will ensure a fair trial
Judge will pass sentence if defendant is found guilt
Judge has job to ensure jury understands the evidence
Judge will deal with points of law and advise jury
Judge will advise jury of their duties
Judge will ensure a fair trial
Judge will pass sentence if defendant is found guilt
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Assess how two forms of punishment meet their aims
MPRISONMENT:
Rehabilitation: You could comment on how training programmes and treatment programmes can be used to help reform offenders. But your assessment could include statistics that show recidivism rates and the issues with overcrowded prisons, budg
Rehabilitation: You could comment on how training programmes and treatment programmes can be used to help reform offenders. But your assessment could include statistics that show recidivism rates and the issues with overcrowded prisons, budg
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Outline the role of the prison service in England and Wales
Keeping those sentences in custody
Helping them leave law-abiding lives
Helping them to maintain this once released
The prison service will also work with courts, police, and voluntary organisation.
Helping them leave law-abiding lives
Helping them to maintain this once released
The prison service will also work with courts, police, and voluntary organisation.
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Briefly describe judicial involvement in law-making
Judicial law-making is made by judges in courts.
These laws must be followed in future cases by courts in the hierarchy.
Illustrate with examples - Daniels v White or Donoghue V Stevenson
Judges also need to interpret phrases in statutes - statutory inter
These laws must be followed in future cases by courts in the hierarchy.
Illustrate with examples - Daniels v White or Donoghue V Stevenson
Judges also need to interpret phrases in statutes - statutory inter
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Explain how a judge might achieve public protection by passing sentences
Custodial prison sentence - takes offender out of society for either a fixed term, indeterminate, or mandatory life. In rare cases, whole life
Judge could impose a curfew - takes the offender off the streets at night.
Judge could impose electronic tag
Judge could impose a curfew - takes the offender off the streets at night.
Judge could impose electronic tag
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Evaluate the effectiveness of the police service in achieving social control (
Effective:
Official stats including recorded crime and solved crime.
Public safety
Crime prevention advice
Target of certain crimes e.g mobile phone use whilst driving
Specilaist Policing e.g counter terrorism work - detecting, investigating and preventin
Official stats including recorded crime and solved crime.
Public safety
Crime prevention advice
Target of certain crimes e.g mobile phone use whilst driving
Specilaist Policing e.g counter terrorism work - detecting, investigating and preventin
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Examine the limitations of achieving social control in prisons
Prison aims to achieve social control by coercing and deterring the individual offender and the public generally.
But:
Prisons are overcrowded
Budget cuts have meant reduced prison staff
Financial cuts
Prison riots - Strangeways 1990/HMP Oakwood 2015, H
But:
Prisons are overcrowded
Budget cuts have meant reduced prison staff
Financial cuts
Prison riots - Strangeways 1990/HMP Oakwood 2015, H
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DESCRIBE DUE PROCESS MODEL
-starts from the presumption of innocence
-Focuses on protecting the accused from oppression and agents such as he police
-Focus is purely on the suspect as opposed to the victim. Sometimes they can get off on a technicality which is better than convictin
-Focuses on protecting the accused from oppression and agents such as he police
-Focus is purely on the suspect as opposed to the victim. Sometimes they can get off on a technicality which is better than convictin
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DESCRIBE THE CRIME CONTROL MODEL
-Focus is on the suppression of crime
-Starts with the presumption of guilt
-Trusts the police , doesn't believe in legal technicalities which prevent them from investigating
-Conveyer belt system-speedily prosecutes and convicts/punishes
-Emphasis on rig
-Starts with the presumption of guilt
-Trusts the police , doesn't believe in legal technicalities which prevent them from investigating
-Conveyer belt system-speedily prosecutes and convicts/punishes
-Emphasis on rig
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EXPLAIN RIGHT REALISM
The crime control model is a right-wing, conservative approach to justice and it has a lot in common with right realist theories of crime such as:
Zero tolerance policing strategies
Favours giving police greater powers to investigate and suppress crime
Zero tolerance policing strategies
Favours giving police greater powers to investigate and suppress crime
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EXPLAIN FUNCTIONALISM AND MODEL
Functionalism – The crime control model also 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 enable society to express its moral outrage and st
As the main function of justice is to punish the guilty, this enable society to express its moral outrage and st
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DESCRIBE LABELLING THEORY AND THE MODEL IT RELATES TOO
Labelling theory – The due process model is a liberal approach. It aims to stop state agencies such as the police from oppressing people
The police may be tempted to act illegally, harrassing groups that they label negatively as ‘typical criminals’
The
The police may be tempted to act illegally, harrassing groups that they label negatively as ‘typical criminals’
The
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DESCRIBE LEFT REALISM AND THE MODEL IT RELATES TOO
Left realism argues that oppressive ‘millitaristic policing’ of poor areas triggers confrontations and makes residents unwilling to assist police
In the left realist view, police must follow due process by acting in a lawful and non-discriminatory way if
In the left realist view, police must follow due process by acting in a lawful and non-discriminatory way if
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EXAMPLES OF MODELS IN THE UK
The rules governing the working of the justice system – do the rules protect the rights of the accused, or do they favour the prosecution?- illegally obtained evidence may be ruled inadmissible by the court (Unit 3, AC2.3)
This includes things such as a
This includes things such as a
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DEFINE NORM
“an accepted standard or a way of behaving or doing things that most people agree with”
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DEFINE DEVIANCE
used to describe a person or behaviour that is not usual and is generally considered to be unacceptable
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DEFINE SOCIAL CONTROL
social control is nothing but control of the society over individuals
In order to maintain the organisation and the order of the society, man has to be kept under some sort of control
This control is necessary in order to have desired behaviour from the
In order to maintain the organisation and the order of the society, man has to be kept under some sort of control
This control is necessary in order to have desired behaviour from the
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INFORMAL SOCIAL CONTROL
Occurs through the family, peer group, local community and societal group
Based on unwritten rules and processes such as disapproval
Based on unwritten rules and processes such as disapproval
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FORMAL SOCIAL CONTROL
This is the way in which the state regulates and controls people’s actions and behaviour
It occurs through specific agencies which have the role of maintaining order within society
In criminal law, these are the agencies of the criminal justice system inc
It occurs through specific agencies which have the role of maintaining order within society
In criminal law, these are the agencies of the criminal justice system inc
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NAME 3 INTERNAL FORMS OF SOCIAL CONTROL
-RATIONAL IDEOLOGY
-TRADITION
-INETRNALISATION OF SOCIAL RULES AND MORALITY
-TRADITION
-INETRNALISATION OF SOCIAL RULES AND MORALITY
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NAME EXTERNAL FORMS OF SOCIAL CONTROL THEORY
-COERCION
-FEAR OF PUNISHMENT /9INDIVIDUAL AND GENERAL)
-FEAR OF PUNISHMENT /9INDIVIDUAL AND GENERAL)
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WHAT IS CONTROL THEORY?
Developed in the 1960s and 1970s
Attempts to explain ways to train people to engage in law-abiding behaviour
View that humans require nurturing in order to develop attachments or bonds to people
That personal bonds are key in producing internal contro
Attempts to explain ways to train people to engage in law-abiding behaviour
View that humans require nurturing in order to develop attachments or bonds to people
That personal bonds are key in producing internal contro
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HIRSCHI-SOCIAL BOND THEORY
Hirschi believed that we need to form social bonds to prevent criminal behaviour
He divided these into four types of bond
Attachment
Commitment
Involvement
Belief
He divided these into four types of bond
Attachment
Commitment
Involvement
Belief
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Other cards in this set
Card 2
Front
GREEN PAPER
Back
A green paper outlines the issue that the government is putting forward for reform or for the introduction of law. A recent example of a green paper is the building and safety bill 2019.
Card 3
Front
WHITE PAPER
Back
Card 4
Front
FIRST READING
Back
Card 5
Front
SECOND READING
Back
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