This document is a revision guide I created and utilized while studying for my criminology course; it allowed me to rapidly access the knowledge needed to earn a B. This guide therefore covers aspects of; Crime and Punishment, The process of lawmaking, The Criminal Justice System, Models of Crimi...
,PROCESS OF LAW MAKING
The Government & Judiciary makes the law in PARLIAMENTRARY LAW MAKING STAGES:
England & Wales. UK is a parliamentary 1) First Reading – Government introduces the Bill to the House of Commons. This is a formal announcement & is followed by a vote to allow its passage to
democracy, majority of laws (statutes/legislation)
come about through passing Acts of Parliament.
2) Second Reading – Here the Bill’s main principles are considered by the House of Commons and a vote is taken. As the government has a majority in the
usually win this stage. The Bill then moves to the committee stage.
three distinct parts to parliament:
3) The committee stage – the Bill is examined in more detail by a small committee of cross-party MPs. The committee reports back to the Commons and w
• The Monarch (amendments) to the Bill.
• The House of Lords - Currently 782 peers (as of 4) The report stage – here MPs have an opportunity to consider the committee’s report, debate and vote on any amendments they wish to make. This stag
2023). 89 of these are Hereditary Peers (title depending on the importance of the Bill and proposed amendments.
passed from father to son)/25 are Church of 5) Third reading – This is the final chance for MPs to debate the Bill’s contents. No further amendments are allowed. The MPs in the House of Commons w
England Bishops & rest are nominated a
position by the government. Males reject the Bill.
554/Females 228/Non Binary 0. main role to 6) The Lords – If passed the Bill will pass into the House of Lords, it passes through the same stages as in the Commons. If Peers in the Lords add amendme
act as a ‘double check’ on new laws. the Commons to allow MPs to accept or reject the Lord’s amendments. The Commons has the final say as it’s made up from the peoples’ elected repres
• The House of Commons - made up of the 7) Royal Assent – Once the bill has been passed by both houses it goes to the Monarch for signing. This is the Monarch’s formal agreement to make the Bil
elected representatives of public (ie MPs) - (ie Law). The new law is usually enforced immediately after Royal Assent.
(Members of Parliament) are elected in General EXAMPLES:
Elections (typically every 5 years). 2022 - There (B) Statutory interpretation Crim
The Criminal Justice Act (2003)
are currently 642 MPs sitting in the House of Judges can also make law in the way they interpret Acts of Parliament Hiera
The Crime (Sentences) Act (1997)
Commons. (Next General Election is 02 May (statutes). Statute is written law, so judges need to interpret its meaning Supr
2024). Each MP represents a geographical area The Dangerous Dogs Act (1991)
and apply them to cases they are judging. 3 main rules of interpretation Cour
of the UK.
As the government/parliament, judges can also make laws - can be to help: Crow
GOVS MAIN FOCUS: • The literal rule - applies the everyday meaning of the written in the (inclu
achieved through two separate processes:
to run the country - formed by the party with the (A) Judicial Precedent statute - Usually works, however when a word/sentence has several latte
majority of MPs elected in the previous general different dictionary meanings, is problematic. E.g. R v Maginnis – Mag
Law making where the past decision of judges create law(s) for future
election & led by the Prime Minister & contains different Judges find different meanings in word ‘supply’ relevant to =W
‘the Cabinet’. In UK, most proposals for new laws judges to follow. Based on principle of ‘stare decisis’ (standing
come from the government. Proposal for a new by/following what judges have done in previous similar cases). Where drug dealing (is holding on to drugs for a friend the same as decis
law = ‘a Bill’ - must be agreed by both houses point of law in current case is same as in previous case = judge follows supplying drugs?) creat
(Commons & Lords) and receive Royal Assent decision made previously. This creates certainty, consistency and fairness • The golden rule - If literal rule leads to ‘absurd result’ judge can mea
(Monarch) before they can become acts of in the legal system. This approach has created common law - a single set choose to apply the golden rule to avoid. Under the Official Secrets must
parliament Act (1920) it’s an offence to obstruct HM Forces in the vicinity of a simil
of laws which are common to the whole country.
• Green Paper – published before the There are 2 key situations where a court does not have to follow prohibited place (e.g. an army camp or naval base).
government puts a bill before parliament. A Alder v George (1964) - Alder argued he had not broken the law
precedent
Green Paper’s aim is to create public
• 1 Distinguishing – an earlier precedent is only binding on a present because he was not literally in the vicinity of a prohibited place but
discussion/awareness of the subject. It will
include question and themes in which case if the legal principle involved is the same and if the facts are was actually in it = judge applied the golden rule to avoid an absurd
interested individuals and organisations can similar in both cases. Distinguishing means if judge finds the facts in result & Adler was convicted.
respond to. A Green Paper is a form of the present case are different enough from the facts in earlier case • The mischief rule - allows judge to enforce what the statute was
consultation. then they can reach a different decision and not follow the precedent intended to achieve rather than what the words actually say. E.g.
• White Paper – After the consultation process of the earlier case. Licensing Act (1872) said it’s an offence to be drunk in charge of a
the government will publish a White Paper. This • 2 Overruling – A court higher up in the hierarchy states that a decision ‘carriage’ on the highway. Corkery V Carpenter (1951) – Corkery was
document will outline detailed planes for found guilty even though he was in charge of a bicycle, not a
proposed new legislation. It will usually include
made in an earlier case is wrong and overturns it. A supreme Court can
overrule a lower court’s decision. an e.g. of overruling a precedent is carriage. The Mischief rule was applied and he was convicted.
a draft version of the Bill they intend to put
before parliament. the law on marital rape – R v R (1992).
, THE CRIMINAL JUSTICE SYSTEM
CJS - England consists of number of interconnected organisations and agencies. MAIN AGENCIES LINKING TOGETHER:
3 main parts: POLICE ARE CONNECTED TO –
law creation and administration – passing of laws by Parliament and running of justice system by government departments. Courts: giving evidence as prosecution witnesses
law enforcement – police. vulnerable witnesses; supervision of defendants
courts – includes prosecution and defence, decides on the outcome of criminal cases.
them to and from court.
punishment of convicted offenders – prisons and probation service
CPS: Providing evidence for prosecution represen
6 MAIN AGENCIES OF CJS: offenders in line with CPS instructions.
• LAW CREATION - Parliament, the Lords and Monarch. The process from Green paper to Royal assent. Judicial Prison & Probation services: Arrest those been r
precedent & exceptions (distinguishing and overruling). Court hierarchy, Statutory interpretation (literal, golden breaching the terms of their license.
and mischief rules). CPS ARE CONNECTED TO -
• THE POLICE - Objective to reinforce criminal law - involves the investigation of crimes & collection of evidence. The Police: offering police advice on lines and metho
arrest, detention and questioning of suspects. Minor cases – often issue a caution or fixed penalty notice. Serious Courts: preparing/presenting the prosecution ca
cases – send file to the Crown Prosecution Service (CPS) to decide whether to prosecute or not - currently 43 preparing appeals against sentences passed whic
regional police forces in England and Wales. too lenient (ie – not strict/harsh enough).
• CROWN PROSECUTION SERVICE (CPS) - CPS is independent service for E&W. It deals with appox. Half a mill cases HM COURTS&TRIBUNAL SERVICE CONNECTED TO
each year. Advises the police about their investigations/what evidence is required to build a case. Decisions made Courts/Judges: supervising the efficient running
by the CPS based on applying the Full Code Test to case. There are two stages: 1 evidential stage; followed by 2 funding individual courts.
public interest stage. The CPS prepares and presents the prosecution case in court. HM Prison Service: holding prisoners attending c
• HM COURTS AND TRIBUNAL SERVICE - Responsible for administration of courts and tribunals in England and to/from court, organising video links for prisoner
Wales. Once charged, suspects brought before magistrates’ court. Here will plead guilty/ not guilty. Pre trial issues court in person.
E.G. bail, legal aid etc. will be decided. Guilty pleas = sentencing hearing / not guilty pleas = trial being arranged. NATIONAL PROBATION SEFVICE CONNECTED TO
Magistrates’ Court – deals with the less serious offences (appox 95% of all cases). Crown Court – serious offences & HM Prison Service & Parole board: supervision o
triable by a judge and jury. The prosecution (CPS) and defence lawyers present arguments and evidence. Evidence been released on license.
can be both testimonial (eye witness statements) and physical (weapons, stolen goods) The jury (crown court) or Courts: preparing reports on offenders, their sup
magistrates decide the verdict. Guilty verdicts can result in custodial or community sentences or fines. Decision is community orders and supervision of drug tests.
based on the relevant statute and Sentencing Guidelines produced by the Sentencing Council. Offenders can HM PRISON SERVICE CONNECTED TO –
appeal against their conviction. Courts: custodial sentences and supervision of th
• HM PRISON SERVICE - supervises offenders in custody. Main responsibility to carry out sentences given to remanded in custody (ie refused bail). Facilitating
offenders by courts. legal advisors.
• HM (NATIONAL) PROBATION SERVICE - supervises offenders serving their sentences in the community, or have Police: facilitating interviews with prisoners as pa
been released on license to serve some of their sentence outside prison. Main responsibility to carry out sentences interviews.
given to offenders by courts. Another function of the prison and probation services is to rehabilitate offenders so National Probation Service: managing process o
they lead a crime free life. on license.
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