CRIMINOLOGY UNIT 4 2023 QUESTIONS AND ANSWERS ALREADY PASSED A+

Unit 1.1 Where does a Bill typically start? - CORRECT ANS The House of Commons Unit 1.1 What is a Green paper? - CORRECT ANS When a new law is considered, a Green paper is released for public consultation Unit 1.1 What is a white paper? - CORRECT ANS A formal proposal with amendments based on public response/consultation. Unit 1.1 What happens at the First reading? - CORRECT ANS The name of the Bill and it's main aims are read out and a formal vote it taken Unit 1.1 What happens at the Second reading? - CORRECT ANS The main debate takes place followed by a second vote Unit 1.1 What happens at the Committee stage? - CORRECT ANS A closed group people look closely at the Bill to address any issues and suggest amendments Unit 1.1 What happens at the Report stage? - CORRECT ANS The Committee reports back to the full house who then vote on the proposed amendments Unit 1.1 What happens at the Third reading - CORRECT ANS The final vote on the BillIf the Bill proceeds, this process is repeated in the House of Lords, who can send the Bill back to the House of Commons if they are unhappy with it. The Houses can send the Bill back and forth until both parties are happy with it Unit 1.1 What happens at the Royal assent? - CORRECT ANS The monarch signs the Bill. they cannot refuse as it. Unit 1.1 What is judicial precedent? - CORRECT ANS Law made by judges in courts. When a case appears before them they must make a judgement and this forms the law. has a hierarchy of courts Decisions made in a higher court creates an original precedent for all lower courts Unit 1.1 What are the exceptions of judicial precedent? Distinguishing definition - CORRECT ANS the judge finds the facts in the present case are different from the previous one and will allow them to reach a different decision and not follow precedent. Unit 1.1 What are the exceptions of judicial precedent? overruling definition - CORRECT ANS where a court higher up the hierarchy states that a legal decision in an earlier case is wrong and overturns it. UNIT 1.1 The definition of judicial processes of law making: Statutory interpretation - CORRECT ANS Judges can make laws by the way they interpret the statutes or Acts of Parliament. UNIT 1.1 The 3 rules of judicial processes of law making: Statutory interpretation - CORRECT ANS The literal rule The golden rule The mischief rule UNIT 1.1 The Literal rule definition - CORRECT ANS Judges should use the everyday meaning of the words in a statute BUT-words can have several meanings. Eg. R v Maginnis (1987)-case involving illegal drugs-different meanings were found for the word supply. UNIT 1.1 The golden rule definition - CORRECT ANS The literal rule can sometimes lead to an absurd result. The golden rule can be applied to avoid this happening. In the case Adler v George (1964) Adler stated he had not broken the law because he was not literally in the vicinity of a prohibited place but was actually in it. The court chose to apply the golden rule to avoid an absurd result and Adler was convicted. UNIT 1.1 The mischief rule definition - CORRECT ANS The mischief rule allows the court to enforce what the statute was intended to achieve, rather than what the words actually say.