BTEC Business Level 3 Unit 23 The English Legal System Assignment 2 (Distinction)
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Course
Unit 23 - The English Legal System
Institution
PEARSON (PEARSON)
BTEC Business Level 3 Unit 23 The English Legal System Assignment 2. Within this assignment I achieved a Distinction, therefore, this would be a good guide for anyone looking to achieve a high grade. With this, there is a pdf included of a PowerPoint that meets all of the criteria. This document in...
P5
Primary laws are laws made by the parliament, primary laws normally consist of
acts which are also known as statutes, they delegate specific authority to an
exclusive branch to make more specific laws under the aegis of the principal act.
Some of the examples of primary law include laws like, Equality Act 2010,
Human Rights Act 1988, and Data Protection 1998. A secondary law is when the
power to change laws is given to others so they can make the law on behalf of
the government, this is because the government wouldn’t have enough time to
debate every detailed rule for our society. This process tends to be quite long
and would not be good for emergencies. The individuals who make the rules
have to be an expert technical or have local knowledge and are made by a group
of experts. The main purpose of secondary law is to fill or update details like a
value or a fine that would have been carried out by primary legalization.
Secondary law also provides detailed rules, regulations and code of practice as
well as providing of court. The main difference between the two laws is that
primary law is used for emergencies or big, significant laws whereas, secondary
law are laws that are seen as less of a priority since the process tends to be
more time consuming than primary law.
A primary law that I believe needs changing is the misuse of drugs act 1971, I
know this is a primary law since it was a law made by the parliament since in
1971 people have agreed that the misuse of drugs can be dangerous to many
individuals since most substances are very addictive. The act is there to prevent
the non-medical use of certain drugs. The law has many offences including:
unlawful supply; intend to supply; import or export and unlawful production and
unlawful possession. The police also have the right to stop, detain and search
people if they have a reasonable suspicion that they have drugs. Around 1 in 11
adults aged 16-24 had taken a drug in the last year, this shows how popular the
drug use in the UK is. This means that the law isn't being very affective in the UK
since the misuse of drugs is one of the most popular laws that people break. To
improve this law I would switch it the other way round. I would make all the
drugs legal and for them to be able to be bought from the counter, each
customer would be noted down to keep track of how often people come and
purchase the drugs. This means that if there is a customer that keeps coming
back for more is noticed and given actual free help for their addiction since the
government would be gaining more in taxes since they would be able to put the
same taxes on nicotine and alcohol. I feel like this would be a much safer way for
people to consume drugs since then the drugs would be supervised and
controlled by the government as well as addicts provided with the help they
need, this would also be safer since all the substances would be pure meaning
that you are paying for exactly what you want meaning that your drugs won't be
mixed with things that can really effect your health or increase the chances of
death even more like chalk, washing powder, spices etc. This also means that
less people would end up in prison for minor drug activities, this is a good thing
since prisons will be less crowded therefore the less imamates there is the more
people can focus on helping and rehabilitating more serious imamates since then
because the volume of imamates is less they would be able to be looked after
better. There also comes the ethic question when in court of, how do we know if
, the person has above 50% clean drugs? This is because for a case to be
considered a drug case the substance has to be at least 50% pure. This is
normally checked by licensed chemists working in labs who check the purity of
substances. There have been a couple of scandals where the chemists would use
the drugs themselves and just say that the substance is pure. This has been a
large problem since these chemists have put in a lot of innocent people in prison,
this is also why I believe that drugs should be more accepted and controlled by
the government instead of making it illegal and ignoring the issue and not
solving it. The bill to change the law would have to go through a long process,
first this act would be considered a public bill since it would influence the public
and the whole country since how popular the use of drugs is. First, you must
have an idea for the law called a bill secondly the law will have to be discussed in
both houses before making it an official law, it does not matter in which house
the law has started in. Then the law needs to have a first reading, this is where
the bill has been drafted and it is read out loud to the parliament so everyone
knows about it . Secondary reading is where the law is explained in detail as well
as the members of the parliament deciding if they agree or disagree with the
law, they will normally take a vote that determines if the law gets to go to the
next stage. The next stage is called the committee stage where a small group
looks at the bill and suggests changes. Then the committee reports on the
changes they have made to the whole house. Then there is another reading
called the third reading where the bill gets read once again after the bill has
been made, after the reading they all take a vote if the law will still be changed.
After that the bill passes to the other house and the same process begins again.
This process can go back and forth for about a year until both houses agree on
the changes. Finally, the last stage is called the royal assent where the queen
has to make a decision about the bill, if the queen agrees the bill then becomes
an act of parliament. On average it takes from two weeks to three months
depending on how difficult the text is.
I feel like a secondary case that needs changing would be a case where a Prett manager faces a trial
after a student has been served a sandwich with sesame seeds that caused the student to have a
serve allergic reaction. The law at the moment, the EU Food Information for Consumers Regulation
and the UK Food Information Regulations 2014, states that there are only 14 types of allergens that
they should let people know about as well as these only applying to packaged food meaning that,
non-packaged food does not have a specific label attached to the specific food according to the
current law within the UK. The type of secondary legalisation that this law has is Statutory
instruments, this is a law that was drafted by the government department to make changes to the
law, I know this is a statutory instrument since the law also applies to the Agricultural products, food
and drink (amendment)(EU Exit) Regulations 2019.
What I would change about this bill is the fact that it has caused a death of Natasha Ednan-
Laperouse, since the law allows for the incomplete labelling of food products since it only needs a
basic description but doesn’t require any allergenic warnings however, it is also argued that if an
individual knows they are allergic to a product they should let the employee know so they can have
their needs fitted. The thing that should change about this law is for companies to specifically
highlight on the packaging which ingredients might be allergens, since it should be believed to be a
duty to inform the customers what allergens there are rather than making it the customers
responsibility. This change has been said to be quite simple to carry out which is why the change
doesn’t have to be done by an Act of Parliament. This change would benefit the wider public since
there would be less accidentally triggered allergies like the death of Natasha Ednan-Laperouse and
could save a lot more people since it is something that is quite simple to do.
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