Learner Name: Headi Jaf
BTEC Level 3 (Extended Certificate) Applied Law
UNIT 2: Investigating Aspects of Criminal Law and the Legal System
Assignment 1: The Process of Law Making
Learning Aims:
A: Explore how statutory rules are made and interpreted
B: Examine how legislation is made outside of Parliament
Contents
The Process of Law
Making
Headi Jaf
0
, Learner Name: Headi Jaf
Unit 2: Assignment 1: The Process of Law Making
Regulations, Directives and Decisions 19
The Effectiveness of the Law-Making 22
Process
Within Parliament 22
Outside of Parliament 22
Bibliography 23
Introduction
Throughout this report, I will be discussing the making of the law and key events relating to
it.
Case Studies
I will also be using these cases:
1. Mr S. Wesson who committed a robbery at a post office with a toy plastic gun and it
was questioned whether the Firearms Act 1968 was applicable in this case. R v
Bentham (2003) CA was used to guide this decision.
2. Mrs T. Street killed her husband but wanted to claim his estate as she is named as the
sole beneficiary in his will. The case of Re: Sigsworth (1935) was used to guide the
decision.
3. Mr P. West was arrested for drinking in the local park. In 2001 Kestley Town
introduced a by-law which banned drinking in public areas.
4. Mrs. E. Porter was caught by the police using her mobile phone while driving
through the local town centre. This is banned by Statutory Instrument No. 2695 –
The Road Vehicles Regulation 2003.
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, Learner Name: Headi Jaf
Unit 2: Assignment 1: The Process of Law Making
PART 1
There are many aspects that influence law making within the UK. I will be outlining the most
relevant in this assignment
Government Policy: The government will have had a party manifesto, and this will then
become the government’s programme of reform. For example, the labour manifesto said
they would implement the European convention on human rights. When they got into
power, they introduced the Human Rights Act 1998. However, there is a disadvantage
within government policy because many manifestos will promise to implement things but
once they go into power, they will not go through with their promises.
Pressure Groups: A pressure group is a group of people who try and change the law
through campaigns because they all have similar idea. They can range from a couple
people to large groups of people with hundreds and thousands of members. They try to
influence parliament, the government and other people in power to legislate on matters that
they are interested in. There are many advantages and disadvantages of pressure groups,
such as: They can raise public awareness of an issue, they always have considerable
detailed knowledge of what they’re interested in and also the bigger the group the more
likely it is the politicians won’t do anything to upset them because the politicians won’t want
to ruin their reputation. However, the disadvantages are that sometimes they may get
violent and sometimes can be biased.
The Snowdrop Campaign, set up to reform gun laws, blossomed into a nationwide
movement. Its co-ordinator, Ann Pearston, founded the campaign after discovering that
nine victims of Michael Ryan at Hungerford and all 17 of Thomas Hamilton's at Dunblane
had been slain by legally held handguns. They succeeded because they got guns banned
after the incident on the 13th of March 1996.
Media: The media includes TV, Radio, Newspapers and Journals. They can all highlight
public concern. Different newspapers will have different areas of concern. For example, The
Sun sells most papers in the county and has a strong influence against joining the EU,
whereas the Daily Mail often has headlines regarding immigration and asylum seekers. This
is a really effective way of raising awareness for certain public concern because everyone
in the world will slowly hear of the specific issue and may help pressure the politicians into
acting on the issue
The Law Commission: The main law reform body set up in 1965 by the Law Commissions
Act. It is full time and a High Court Judge is chairman and there are 4 other law
commissioners. The Lord Chancellor can refer topics to the commission on behalf of the
government and the commission can select a topic and ask the government for approval.
The Law Commission researches the law and publishers a consultation paper. It will state:
the law, the issues with the law and the proposals for law reform. Once they get a response
to the paper, they will draw up a report and there will be a bill attached to it.
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