AC1.1 - DESCRIBE PROCESSES USED FOR LAW MAKING
Act of Parliament
- Legislation that controls or limits the behaviour of the public, it must be approved of through the House of Commons, House of Lords and the
Monarch, leading to it becoming law which if broken can be prosecuted for
Examples previously covered
1. Police and Criminal Evidence Act 1984 (PACE)
2. Criminal Justice Act 2003
3. Prosecution of Offenses Act 1985
Campaigns for change that have influenced laws
1. Ann Ming’s campaign – changed the Criminal Justice Act through abolishing Double Jeopardy
2. Snowdrop Campaign (Dunblane) - changed the Firearms Act to increase gun control
3. Justice for Stephan – changed the Race Relations Act
Process of Parliamentary law making
- Pre-legislative stage:
First stage: White Paper - Consultation document: the initial ideas of what the new law would be, where feedback can be
given to improve the first ideas
Second stage: Green Paper - Further consultation: an improved version of the possible law with a draft to allow last changes
before the bill is debated in parliament
- Legislative stage:
First reading - The Bill is read and presented in the House of Commons, there is no debate, and the bill is then published
Second reading - This is the first opportunity for MPs to debate the bill, taking place no earlier than two weekends after the
first weekend, it ends with MPs voting whether or not the bill should proceed
Committee stage - A detailed, line by line, examination of the bill takes place, all clauses and amendments must be agreed
upon, and a new version of the bill is created
, Report stage - The new and updated version is presented to the House of Commons again, where it can be debated and
amendments can be proposed
Third reading - This is the final reading of the bill, where amendments cannot be made. At the end of the reading, MPs
vote whether to approve of the bill, if so, it moves to the next stage
The other house - A similar process above takes place in the House of Lords, where the bill is debated, amended and voted
on. If the House agrees, the bill can continue
Royal assent - The Queen must give approval of the bill and agree to its contents
Commencement of the Act - Once that has been given, the bill becomes and Act and therefore is law
Process of judicial law making
- Supreme Court judges must come together and preside over an appeal. They must come to a majority decision that there is a point of law of
general public importance
- They decided if there is an error in the law and create a precedent, which means if courts come across a similar case, they must also implement the
same outcome
Examples of precedents
1. R V Brown and others (1993)
→ Brown and others were convicted of ABH in the circumstances of homosexual extreme Sadomasochism despite there being no Parliamentary Act
that showed they had broken the law
- The legal issue supreme court judges looked at was if the victim could consent to injuries when there is a sexual motive behind it
- They ruled that a victim could not consent to these types of injuries, upholding the convictions
• Distinguishing: where despite there being a precedent applying to the case at hand, judges find a difference in the cases and therefore
do not follow the precedent, legally avoiding it, as seen in the case below
2. R V Wilson (1996)
→ Wilson branded his wife with his initials on her buttocks, at her request, and was found guilty of ABH on the precedent set by R V Brown that a
victim could not consent to injuries if there was a sexual motive
- However, it was held that the injuries were not from a sexual motive but more like a tattoo, which is legal and therefore Wilson’s conviction was
not upheld
, AC1.2 – DESCRIBE THE ORGANISATION OF THE CRIMINAL JUSTICE SYSTEM IN ENGLAND AND WALES
Police Probation CPS Courts Law creation Prisons
They work closely Police must present Police may be Police must abide If an offender is
Police with police to their case to the needed for the by any new laws remanded, police
ensure offenders CPS in order to physical created either may need to enter
are monitored e.g. charge, they often transference of through prisons to
police can be made work closely to offenders to the implementing it or interview offenders
aware of certain create a well-made court if they are following them and prepare for
restrictions and case e.g. Rhys high profile or themselves e.g. court, they may
therefore arrest Jones dangerous e.g. PACE or new laws also have to discuss
the offender if they Peter Sutcliffe, e.g. revenge porn with prisons to
are seen breeching police can also give ensure the
them evidence in court offender is
as a witness e.g. contained on the
DCI Steve Fulcher way to court e.g.
Peter Sutcliffe
They work closely If a court gives a Probation must They work closely
Probation with police to community service, abide by any laws to ensure that
ensure offenders the probation must passed, either offenders are
are monitored e.g. fulfil that, following or monitored and
police can be made probation also implementing e.g. contained e.g.
aware of certain create pre- reforms to remove prisons give power
restrictions and sentencing reports CRCs to probation once
therefore arrest (outlining the the offender is
the offender if they mitigating and released, they must
are seen breeching aggravating factors work closely to
them between the ensure the
verdict and offenders are
sentencing) monitored
immediately
Police must present CPS barristers are The CPS must abide If an offender is
CPS their case to the in courts and there and implement any remanded, CPS
Act of Parliament
- Legislation that controls or limits the behaviour of the public, it must be approved of through the House of Commons, House of Lords and the
Monarch, leading to it becoming law which if broken can be prosecuted for
Examples previously covered
1. Police and Criminal Evidence Act 1984 (PACE)
2. Criminal Justice Act 2003
3. Prosecution of Offenses Act 1985
Campaigns for change that have influenced laws
1. Ann Ming’s campaign – changed the Criminal Justice Act through abolishing Double Jeopardy
2. Snowdrop Campaign (Dunblane) - changed the Firearms Act to increase gun control
3. Justice for Stephan – changed the Race Relations Act
Process of Parliamentary law making
- Pre-legislative stage:
First stage: White Paper - Consultation document: the initial ideas of what the new law would be, where feedback can be
given to improve the first ideas
Second stage: Green Paper - Further consultation: an improved version of the possible law with a draft to allow last changes
before the bill is debated in parliament
- Legislative stage:
First reading - The Bill is read and presented in the House of Commons, there is no debate, and the bill is then published
Second reading - This is the first opportunity for MPs to debate the bill, taking place no earlier than two weekends after the
first weekend, it ends with MPs voting whether or not the bill should proceed
Committee stage - A detailed, line by line, examination of the bill takes place, all clauses and amendments must be agreed
upon, and a new version of the bill is created
, Report stage - The new and updated version is presented to the House of Commons again, where it can be debated and
amendments can be proposed
Third reading - This is the final reading of the bill, where amendments cannot be made. At the end of the reading, MPs
vote whether to approve of the bill, if so, it moves to the next stage
The other house - A similar process above takes place in the House of Lords, where the bill is debated, amended and voted
on. If the House agrees, the bill can continue
Royal assent - The Queen must give approval of the bill and agree to its contents
Commencement of the Act - Once that has been given, the bill becomes and Act and therefore is law
Process of judicial law making
- Supreme Court judges must come together and preside over an appeal. They must come to a majority decision that there is a point of law of
general public importance
- They decided if there is an error in the law and create a precedent, which means if courts come across a similar case, they must also implement the
same outcome
Examples of precedents
1. R V Brown and others (1993)
→ Brown and others were convicted of ABH in the circumstances of homosexual extreme Sadomasochism despite there being no Parliamentary Act
that showed they had broken the law
- The legal issue supreme court judges looked at was if the victim could consent to injuries when there is a sexual motive behind it
- They ruled that a victim could not consent to these types of injuries, upholding the convictions
• Distinguishing: where despite there being a precedent applying to the case at hand, judges find a difference in the cases and therefore
do not follow the precedent, legally avoiding it, as seen in the case below
2. R V Wilson (1996)
→ Wilson branded his wife with his initials on her buttocks, at her request, and was found guilty of ABH on the precedent set by R V Brown that a
victim could not consent to injuries if there was a sexual motive
- However, it was held that the injuries were not from a sexual motive but more like a tattoo, which is legal and therefore Wilson’s conviction was
not upheld
, AC1.2 – DESCRIBE THE ORGANISATION OF THE CRIMINAL JUSTICE SYSTEM IN ENGLAND AND WALES
Police Probation CPS Courts Law creation Prisons
They work closely Police must present Police may be Police must abide If an offender is
Police with police to their case to the needed for the by any new laws remanded, police
ensure offenders CPS in order to physical created either may need to enter
are monitored e.g. charge, they often transference of through prisons to
police can be made work closely to offenders to the implementing it or interview offenders
aware of certain create a well-made court if they are following them and prepare for
restrictions and case e.g. Rhys high profile or themselves e.g. court, they may
therefore arrest Jones dangerous e.g. PACE or new laws also have to discuss
the offender if they Peter Sutcliffe, e.g. revenge porn with prisons to
are seen breeching police can also give ensure the
them evidence in court offender is
as a witness e.g. contained on the
DCI Steve Fulcher way to court e.g.
Peter Sutcliffe
They work closely If a court gives a Probation must They work closely
Probation with police to community service, abide by any laws to ensure that
ensure offenders the probation must passed, either offenders are
are monitored e.g. fulfil that, following or monitored and
police can be made probation also implementing e.g. contained e.g.
aware of certain create pre- reforms to remove prisons give power
restrictions and sentencing reports CRCs to probation once
therefore arrest (outlining the the offender is
the offender if they mitigating and released, they must
are seen breeching aggravating factors work closely to
them between the ensure the
verdict and offenders are
sentencing) monitored
immediately
Police must present CPS barristers are The CPS must abide If an offender is
CPS their case to the in courts and there and implement any remanded, CPS
