Criminology Unit 4
1.1 - Describe Processes Used For Law Making
Parliament - government process for making laws; Houses of Parliament is the centre of London, known as
the law making body or legislature; two main chambers - House of Commons and Lords; Commons - 650 MPs
for constituencies; Lords - can delay legislation for 1 year
House of Commons to House of Lords -
1. Green paper to House of Commons (brief overview)
2. Discussion around Bill
3. White paper informed by public (specifics)
4. First reading (no debate)
5. Second reading (debate and MPs vote)
6. Committee discuss amendments
7. Report style introduces amendments
8. Third reading (voting)
9. Steps 4-8 repeat in the House of Lords
10. If Lords don’t agree they send back potential changes to the House of Commons (ping-ponging)
11. If Lords do agree it goes to monarchy (Royal Assent)
Examples of laws recently - Asylum Seekers (Removal To Safe Countries) Bill: Lords have rejected updated
bill; Criminal Justice Act: Royal Assent on November 3rd and followed all processes
Parliament Acts 1911 and 1949 - allowed Lords to delay laws for 1 year and not just stop it, Lords cannot
block a law in a manifesto (summary of what a party wants to do) in the second or third reading
Statutory Interpretation - apply and interpret an existing law to the case they are hearing (down to the judge);
there are guidelines; in reality judges should not be making their own laws as this goes beyond their power as
judicial decision makers
Judicial Precedent - the past decisions of judges create laws for future judges to follow (stare decisis - ‘let the
decision stand and not to disturb settled matters’); means that where the point of law in a case today is the
same as in the previous case, the judge should follow the decision made in the previous one; creates
consistency, certainty, and fairness; decision taken in a case by a higher court creates an original precedent for
all lower courts to follow in similar cases; cannot unsettle what has already been established
Judgments - when judges make a decision in their case they will give reasons why they have made the
decision they have; ratio decidendi - ‘reasons for deciding’; when comments are made ‘ratio’ then this is
binding on the lower courts and must be followed; the rest of the judgment is known as obiter dicta - ‘other
things said’; these comments are not legally binding but they can help judges and lawyers in future cases
Exceptions (distinguishing) - facts in the present case are different enough from the earlier case
Exceptions (overruling) - a court higher up in the hierarchy states that a legal decision in an earlier case is
wrong and overturning it (e.g. Supreme Court overruling Crown Court)
R v R (1992) - husband convicted of attempting to rape his wife; appealed on the grounds that there was a
centuries-old precedent that a husband could not be guilty of raping his wife because the marriage contract
gave a wife’s irrevocable consent to sex; appeal court overruled this, saying it was unacceptable today
because a couple are now seen as equal partners in a marriage
Upskirting - Gina Martin was told not much that could be done; campaign #StopSkirtingTheIssue; more than
110000 people backed the petition to make it illegal; she took her campaign to the government; after 2 years
she changed the law - Voyeurism Act 2019; 2018 Bill was blocked (Conservative MP), 2019 Royal Assent
, Protection Against Stalking - Rana and Clare killed by stalker boyfriends; 2012 PM announced separate
stalking offence which was added to The Protection from Harassment Act 1997 by amendments to the
Protection of Freedoms Bill
Judges’ rules of law - The Literal Rule (ordinary, everyday meaning of words; non offensive; highlights faulty
legislation; words can have different meanings which leads to absurd decisions; simplistic); The Golden Rule
(used to avoid the creation of an absurd result; narrow - choosing the meaning where wording is ambiguous;
wide - the court ignores the literal meaning of the words; cannot change intention; no guidance); The Mischief
Rule (give effect to the intention of parliament where a statute was intended to remedy an existing “mischief” in
the law; must be possible to determine which one; it must be apparent that parliament failed to deal with it;
must be possible to state the additional words; improves; true intentions; old)
Whitely v Chappel - appellant had two votes in an election by pretending to be somebody who had died but
who was actually still on the electoral register; the court had to consider the meaning of the words “any person
entitled to vote” within the Poor Law Amendment Act 1851; ruled that since the dead can’t vote the appellant
couldn’t have been impersonating them
R v Allen - charged with Bigamy; examine wording of the Offences Against The Persons Act 1861; court was
faced with two meanings of marriage: legally, or the ceremony; the court chose the second meaning since in
the first interpretation nobody could be convicted under the law, if marrying twice under the act is illegal then
noone could be legally married twice
Adler v George - defendant was caught staging a protest inside an RAF base and was charged under the
Official Secrets Act 1920; defendant’s argument was that “in the vicinity of” was not the same as inside, but the
court disagreed; “in the vicinity of” could mean “near to” and “within”
Sigworth - son had murdered his mother who had not left a will; under the Administration of Justice Act 1925
the mother’s estate would automatically pass to her son; how could the courts allow him to benefit; the wide
approach to the law was used and the court rewrote it
Corkery v Carpenter - defendant was caught drunk in charge of a bicycle and was charged with being in
charge of a “carriage” under the Licensing Act 1872; defendant argued that a bicycle was not a “carriage” for
the purposes of the act but the court disagreed; held that the mischief parliament wanted to cure was the
presence of drunken people on the highway, the form of transport was irrelevant
Smith v Hughes - 6 prostitutes charged under the Street Offences Act 1959 for loitering; women argued that
because they had been signalling to men from windows and balconies, they were not in public; courts
dismissed this, prostitution was what was trying to be eradicated
1.2 - Describe The Organisation Of The Criminal Justice System
Police - courts (give evidence, provide protection, holding and transporting defendants), CPS (providing
evidence, charging offenders), HMPPS (arrest prisoners who’ve been recalled after breaching, manage the list
of child sex offenders), voluntary organisations (referring victims and witnesses to Victim Support, Women’s
Refugees, the Witness Service, etc…)
CPS - police (advice on lines of enquiry and evidence collection, instruct on charging suspects), courts
(preparing and presenting the prosecution case against offenders, preparing appeals against unduly lenient
sentences)
National Probation Service - prison service (supervising prisoners who are released), courts (preparing
sentencing reports, supervising offenders with a community sentence, supervising drug testing)
HM Prison Service - courts (carrying out custodial sentences, supervising defendants who’ve been
remanded, facilitating interviews with defence lawyers and their clients), police (facilitating interviews with
prisoners involved in ongoing police investigations), National Probation Service (liaising when a prisoner is to
be released from prison on licence), voluntary organisations (Victim Support supports victims throughout trial
1.1 - Describe Processes Used For Law Making
Parliament - government process for making laws; Houses of Parliament is the centre of London, known as
the law making body or legislature; two main chambers - House of Commons and Lords; Commons - 650 MPs
for constituencies; Lords - can delay legislation for 1 year
House of Commons to House of Lords -
1. Green paper to House of Commons (brief overview)
2. Discussion around Bill
3. White paper informed by public (specifics)
4. First reading (no debate)
5. Second reading (debate and MPs vote)
6. Committee discuss amendments
7. Report style introduces amendments
8. Third reading (voting)
9. Steps 4-8 repeat in the House of Lords
10. If Lords don’t agree they send back potential changes to the House of Commons (ping-ponging)
11. If Lords do agree it goes to monarchy (Royal Assent)
Examples of laws recently - Asylum Seekers (Removal To Safe Countries) Bill: Lords have rejected updated
bill; Criminal Justice Act: Royal Assent on November 3rd and followed all processes
Parliament Acts 1911 and 1949 - allowed Lords to delay laws for 1 year and not just stop it, Lords cannot
block a law in a manifesto (summary of what a party wants to do) in the second or third reading
Statutory Interpretation - apply and interpret an existing law to the case they are hearing (down to the judge);
there are guidelines; in reality judges should not be making their own laws as this goes beyond their power as
judicial decision makers
Judicial Precedent - the past decisions of judges create laws for future judges to follow (stare decisis - ‘let the
decision stand and not to disturb settled matters’); means that where the point of law in a case today is the
same as in the previous case, the judge should follow the decision made in the previous one; creates
consistency, certainty, and fairness; decision taken in a case by a higher court creates an original precedent for
all lower courts to follow in similar cases; cannot unsettle what has already been established
Judgments - when judges make a decision in their case they will give reasons why they have made the
decision they have; ratio decidendi - ‘reasons for deciding’; when comments are made ‘ratio’ then this is
binding on the lower courts and must be followed; the rest of the judgment is known as obiter dicta - ‘other
things said’; these comments are not legally binding but they can help judges and lawyers in future cases
Exceptions (distinguishing) - facts in the present case are different enough from the earlier case
Exceptions (overruling) - a court higher up in the hierarchy states that a legal decision in an earlier case is
wrong and overturning it (e.g. Supreme Court overruling Crown Court)
R v R (1992) - husband convicted of attempting to rape his wife; appealed on the grounds that there was a
centuries-old precedent that a husband could not be guilty of raping his wife because the marriage contract
gave a wife’s irrevocable consent to sex; appeal court overruled this, saying it was unacceptable today
because a couple are now seen as equal partners in a marriage
Upskirting - Gina Martin was told not much that could be done; campaign #StopSkirtingTheIssue; more than
110000 people backed the petition to make it illegal; she took her campaign to the government; after 2 years
she changed the law - Voyeurism Act 2019; 2018 Bill was blocked (Conservative MP), 2019 Royal Assent
, Protection Against Stalking - Rana and Clare killed by stalker boyfriends; 2012 PM announced separate
stalking offence which was added to The Protection from Harassment Act 1997 by amendments to the
Protection of Freedoms Bill
Judges’ rules of law - The Literal Rule (ordinary, everyday meaning of words; non offensive; highlights faulty
legislation; words can have different meanings which leads to absurd decisions; simplistic); The Golden Rule
(used to avoid the creation of an absurd result; narrow - choosing the meaning where wording is ambiguous;
wide - the court ignores the literal meaning of the words; cannot change intention; no guidance); The Mischief
Rule (give effect to the intention of parliament where a statute was intended to remedy an existing “mischief” in
the law; must be possible to determine which one; it must be apparent that parliament failed to deal with it;
must be possible to state the additional words; improves; true intentions; old)
Whitely v Chappel - appellant had two votes in an election by pretending to be somebody who had died but
who was actually still on the electoral register; the court had to consider the meaning of the words “any person
entitled to vote” within the Poor Law Amendment Act 1851; ruled that since the dead can’t vote the appellant
couldn’t have been impersonating them
R v Allen - charged with Bigamy; examine wording of the Offences Against The Persons Act 1861; court was
faced with two meanings of marriage: legally, or the ceremony; the court chose the second meaning since in
the first interpretation nobody could be convicted under the law, if marrying twice under the act is illegal then
noone could be legally married twice
Adler v George - defendant was caught staging a protest inside an RAF base and was charged under the
Official Secrets Act 1920; defendant’s argument was that “in the vicinity of” was not the same as inside, but the
court disagreed; “in the vicinity of” could mean “near to” and “within”
Sigworth - son had murdered his mother who had not left a will; under the Administration of Justice Act 1925
the mother’s estate would automatically pass to her son; how could the courts allow him to benefit; the wide
approach to the law was used and the court rewrote it
Corkery v Carpenter - defendant was caught drunk in charge of a bicycle and was charged with being in
charge of a “carriage” under the Licensing Act 1872; defendant argued that a bicycle was not a “carriage” for
the purposes of the act but the court disagreed; held that the mischief parliament wanted to cure was the
presence of drunken people on the highway, the form of transport was irrelevant
Smith v Hughes - 6 prostitutes charged under the Street Offences Act 1959 for loitering; women argued that
because they had been signalling to men from windows and balconies, they were not in public; courts
dismissed this, prostitution was what was trying to be eradicated
1.2 - Describe The Organisation Of The Criminal Justice System
Police - courts (give evidence, provide protection, holding and transporting defendants), CPS (providing
evidence, charging offenders), HMPPS (arrest prisoners who’ve been recalled after breaching, manage the list
of child sex offenders), voluntary organisations (referring victims and witnesses to Victim Support, Women’s
Refugees, the Witness Service, etc…)
CPS - police (advice on lines of enquiry and evidence collection, instruct on charging suspects), courts
(preparing and presenting the prosecution case against offenders, preparing appeals against unduly lenient
sentences)
National Probation Service - prison service (supervising prisoners who are released), courts (preparing
sentencing reports, supervising offenders with a community sentence, supervising drug testing)
HM Prison Service - courts (carrying out custodial sentences, supervising defendants who’ve been
remanded, facilitating interviews with defence lawyers and their clients), police (facilitating interviews with
prisoners involved in ongoing police investigations), National Probation Service (liaising when a prisoner is to
be released from prison on licence), voluntary organisations (Victim Support supports victims throughout trial
