UK Law: Courts, Judiciary & Sources

• Courts and judges uphold the law and protect freedoms/rights.
• The Judiciary is a set of independent judges and courts that apply the law equally, ensuring nobody is above the law.
• Justice is delivered through an independent judiciary, free from government control, protecting people from injustices.
• This includes respecting human rights, ensuring fair trials, presumption of innocence, and preventing unfair detainment.

Sources of UK Law

• Common law is based on precedence and applies nationally, referred to as 'judge-made' law.
• Statute law is made by Acts of Parliament and is the most important source of law.
• European Law requires UK laws to be compatible with EU laws and treaties, with British Courts bound by the European Court of Justice [ECJ].
• Leaving the EU will impact UK sources of law.

Reasons for Laws in the UK

• To update outdated laws.
• To protect citizens against new health and safety risks.
• To deal with new societal needs.
• To provide a legal framework for new social and commercial activities.
• To protect the environment against new threats.
• To keep up with advances in technology.
• To combat new threats to national security.
• To ensure national laws align with EU laws.
• To turn old traditions into Acts of Parliament.

Legal Advice

• Legal advice can be obtained through the Citizens Advice Bureau.
• Free legal aid may be available for those on low incomes.
• Trade unions can provide legal advice to their members.

Justice, Legal Rights & Civic Duty

• Democracy means ‘government by the people’ and includes freedom of expression, opinion, the press, the rule of law, equal opportunities, tolerance, and respect for Human rights.

Tribunals

• Tribunals deal with around 1 million cases each year (employment, immigration, mental health)
• Tribunals are an informal and quick way of solving a dispute.
• Decisions are made by tribunal members or lay people with knowledge.
• They are usually chaired by a legally qualified tribunal judge with two lay people.
• Lay members are paid a small fee and expected to work fifteen days a year.
• Tribunals are part of the civil justice system.
• Evidence given here is still given under oath.
• Local tribunal decisions can be appealed to an upper tribunal and this will be heard by an experienced judge.

Civic Duties

• Civic duties are expected in return for democratic privileges.
• Examples: obey the law, pay taxes, avoid causing harm, report crimes, fulfill certain relationships, respect parliament and government, vote, serve on a jury (18+).

Human Rights Act 1998

• Article 2: right to life.
• Article 3: prohibition of degrading treatment.
• Article 5: right to liberty and security of person.
• Article 6: right to fair trial.
• Article 8: right to respect for private life.
• Article 10: freedom of expression.

Police Service

• There are no formal educational requirements for entry to the police service.
• Most training is done on the job.

Sources of Law

• Legislation and case law are the most important sources.
• European Union law takes precedence over English law in certain matters.
• Most customs have either fallen into disuse or have been integrated into statute or case law.
• Legal texts can be regarded more as aids to interpreting the law rather than actual sources of law.

Legislation

• Acts of Parliament also known as statutes. this is the most important source of law.
• Secondary OR delegated legislation, created by local authorities and other public bodies with specific powers granted by Parliament.
• Parliament codifies common law and case law into acts, consolidates existing laws and reforms legislation.
• Special legislation is needed to keep up with the pace of change in society and the advances of technology.

Types of secondary legislation

• Statutory Instruments created by Government ministers which include rules, regulations and orders.
• Orders in Council, made by the Monarch and the Privy Council and can be used for urgent/emergency measures, including devolution matters.
• By-laws made by local authorities, transport companies and public bodies. By-laws regulate specific behaviour in specific geographical areas.

Case law

• Case law consists of judgments made by higher courts interpreting statutes.
• They are also known as precedents and are binding on inferior courts, and sometimes on courts of the same level.

European Law

• EU law is created by the European Commission (drafts proposals), the European Parliament (debates and amends), and the European Council (enacts legislation).
• EU law comes in three main formats: regulations, directives, and decisions.
• The UK is a member of the United Nations and the Council of Europe. This means they have international treaties to follow, like the European convention on Human Rights 1950.

Role of The Police Service

• Police duties include protecting people and property, patrolling areas, responding to emergencies, enforcing laws, making arrests, reprimanding, and testifying in court cases.
• They work to maintain law and order, protect the public and property, prevent crime, reduce fear of crime and improve the quality of life for its citizens by serving with local communities.
• Police have the power to stop and search people with reasonable suspicion if in official uniform (or with a warrant card).
• Section 60 of the 1994 Public Order Act gives police power to stop and search suspects if they suspect violence or disorder.
• A police officer has the power to stop and search a person if they have ‘reasonable grounds’ to suspect you are carrying: a corrosive substance, a weapon, stolen property or something which could be used to commit a crime, such as burglary.
• Stop and search without reasonable grounds is allowed by a senior officer if serious violence is suspected, or if someone is carrying/has used a weapon, or in a specific location.

Police Code of Conduct

• The Police Code of Conduct outlines the expected standard of behaviour from anyone working for the Police force, regardless of their role.
• Code A - Stop and search
• Code B - Seize property and search premises
• Code C - Detention, treatment and questioning
• Code D - Identification and record keeping
• Code E - Interview techniques

Timeline of The Metropolitan Police

• 1829 Beginning of the Metropolitan Police
• 1872 First police strike
• 1898 Call for all the police to carry guns
• 1937 999 call system starts
• 1951 First police cadets enter training
• 1967 First black police officer in London
• 1991 Sector policing introduced.

Rights and Responsibilities of a Police Officer

• Keep the people safe and prevent crime.
• Investigate crime
• Arrest and charge suspects
• Collect evidence
• Brief the Crown Prosecution Service
• Give evidence in criminal courts
• Be polite and respect citizens.
• Do not discriminate.
• Caution when they arrest someone.
• Follow all codes of practice when dealing with citizens.
• To investigate the alleged crime.

Types of law

• Civil law is about disputes between people that do not involve a crime.
• Criminal law prosecutes those who break the law and cause harm.

Most criminal offences fall under these categories

• Offences against the person
• Theft and dishonesty
• Sexual offences
• Harmful or dangerous drugs
• Criminal damage
• Firearms
• Immigration
• Evasion of liability / Bail offences
• Bomb Threat and Bomb Hoaxes
• Offensive Weapons
• Protection of Children and Vulnerable adults

Areas of Civil Law

• Tort law
• Tax Law
• Shipping law
• Public law
• Consumer law
• Human Rights Law
• Employment law
• Family law
• Land law
• Intellectual property law
• Immigration law
• EU law
• Insurance law
• Equity and Trusts
• Environmental law
• Corporate law
• Construction law
• Contract law
• Constitutional law
• Commercial law
• Private litigation
• Banking law
• Alternative Dispute resolution

The rule of law in the UK

• No arbitrary exercise of power by the state
• Laws should be clear and accessible
• Laws should be certain and not operate retrospectively
• Equality before the law
• Judiciary should be independent and impartial