Chapter 9 Justice and the
Law
Pictures
Focal Questions
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What are the basic principles of the legal system in
England and Wales?
How many types of courts are there in the legal
system in England and Wales? What are their
different functions?
What is ‘precedence’? Why is it practised in a
British court?
Which feature of the English judicial system
impresses you most? Why?
Basic principles – simple sum-up
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The rule of law----everybody is subject to the law
----laws must not be arbitrary
----a person is innocent until
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proven guilty
Natural law ----a law is higher than a man-made law
Natural justice----reflection of the prevailing moral view of
the society
The Rule of Law
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No one is above the law.
"For as in absolute governments the king is
law, so in free countries the law ought to be
king; and there ought to be no other."
Thomas Paine, Common Sense (1776)
Opposed to dictatorship, anarchy
Due process
A 1 Introduction – Basic Principles of ***
English Law
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What is the Law that is higher than manmade law? What are the criteria?
What kind of orders are soldiers expected
to disobey? Give examples.
What about slavery and genocide?
A 1 Introduction – Basic Principles of
English Law
Natural Law
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Natural Law: A system of universal moral and
ethical principles that are inherent in human
nature and that people can discover by using their
natural intelligence (e.g., murder is wrong; parents
are responsible for the acts of their minor children)
Natural Law is higher than Man-made law. Eg.
Nuremberg War Crimes Trial
Natural Justice -- reflections of prevailing moral
view of society
A 1 The Supremacy of Parliament
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Parliament can pass, repeal and alter any of
Britain’s laws. This is one of the major powers
that a government has .
Parliament also has the power – after going
through its own parliamentary processes – of
altering its own laws.
In theory there is no body that can declare a law
passed by Parliament as unconstitutional though the full impact of the European Court is
not yet known.
But decisions of the European Court must be
accepted in UK.
A 1 Introduction -- Two branches of law
Civil law -- defines and enforces the
duties or obligations of persons to
one another.
 Criminal law -- by contrast, defines
and enforces the obligations of
persons to society as a whole.
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A 1 Introduction – Sources of British
Law
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Common Law – decided by judges, their
decisions in cases being arrived at after
considering the customs and practices of the
people involved. This kind of law has evolved
long before Parliament became the main lawmaking body.
Statute Law – made by Parliament
Case Law – has evolved through decisions
in actual trials
European Union law
Most ridiculous British laws:
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1. It is illegal to die in the Houses of Parliament
(27%)
2. It is an act of treason to place a postage stamp
bearing the British monarch upside-down (7%)
3. In Liverpool, it is illegal for a woman to be topless
except as a clerk in a tropical fish store (6%)
4. Mince pies cannot be eaten on Christmas Day
(5%)
5. In Scotland, if someone knocks on your door and
requires the use of your toilet, you must let them
enter (4%)
Most ridiculous British laws:
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6. In the UK a pregnant woman can legally relieve
herself anywhere she wants, including in a
policeman's helmet (4%)
7. The head of any dead whale found on the British
coast automatically becomes the property of the
King, and the tail of the Queen (3.5%)
8. It is illegal not to tell the tax man anything you do
not want him to know, but legal not to tell him
information you do not mind him knowing (3%)
9. It is illegal to enter the Houses of Parliament in a
suit of armour
10. In the city of York it is legal to murder a
Scotsman within the ancient city walls, but only if he
is carrying a bow and arrow (2%)
Most ridiculous foreign laws:
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1. In Ohio, it is illegal to get a fish drunk (9%)
2. In Indonesia, the penalty for masturbation
is decapitation (8%)
3. In Bahrain, a male doctor can only
examine the genitals of a woman in the
reflection of a mirror (7%)
4. In Switzerland, a man may not relieve
himself standing up after 10pm (6%)
5. In Alabama, it is illegal to be blindfolded
while driving a vehicle (6%)
Most ridiculous foreign laws:
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6. In Florida, unmarried women who
parachute on a Sunday could be jailed (6%)
7. In Vermont, women must obtain written
permission from their husbands to wear false
teeth (6%)
8. In Milan, it is a legal requirement to smile
at all times, except funerals or hospital visits
(5%)
9. In Japan, there is no age of consent (5%)
10. In France, it is illegal to name a pig
Napoleon (4%)
Legal systems
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Civil law (Continental European law)
The central source of law: codifications in a
constitution or statute passed by legislature, to
amend a code.
Common law and equity
The decisions in cases by judges; a legislature that
passes new laws and statutes (not to amend a
collected and codified body of law)
Religious law: a religious system or document being
used as a legal source, varied methodology
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……the common law has in itself a number of
historical sources which were， prior to
Conquest， embodied in local custom. The
unique contribution of the Norman Conquest，
was to unify these local customs into one
system of law common to all men， for this
reason termed the "common law".
——Walker & Walker， The English
Legal system， London l976， The English
Legal system， London l976，p.3
Constitutional Reform Act 2005 (1)
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Lord Chancellor remains, but with much less
power over judiciary and no longer
automatically Speaker of Lords
Title will usually be held by the Secretary of
State for Constitutional Affairs
Holder can come from either House
Constitutional Reform Act 2005 (2)
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New Supreme Court formed, with
independently appointed members
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Will move into new buildings in Middlesex
Guildhall in 2008
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Lords will lose its judicial functions
The Court System
Civil branch
Criminal branch
Supreme Court
Court of Appeal
Court of Appeal
High Court
Crown Court
County Court
Magistrates’ Court
(QBD, CCD, FD)
(JPs, stipendiary magistrates)
A 3 Legal Advice & Assistance ***
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Who pays for it?
3 forms of legal aid
Legal Advice & Assistance – who offers
aid? ?
Civil legal Aid– represented by whom?
Criminal Legal Aid -- privilege or right?
represented by whom?
A 4 Inside the Courts
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cont
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What are the qualifications for judges?
Where do magistrates come from? What are
their jobs? How important are they? Are they
paid for the jobs?
In which branch of court do you find a jury?
Sentencing
What is the most severe punishment in
Britain?
Pp 155-157
How Are Magistrates Appointed?
Application
Requirements of local
communities: number, gender,
ethnicity, etc
Advisory Committee
Qualifications qualifications
Interviews
Qualifications/Disqua
Recommendation to the Lord Chancellor
Appointment
e.g. age, residence,
record
No formal qualificatio
Magistrates or Justices of the Peace (JPs)
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At least 26 half-days per year to sit in court
Volunteers from all walks of life
Around 95% of criminal cases in England
and Wales
Not paid for their services
Time off with pay, or allowances at a set rate
Selection based entriely on merit
Your role as a magistrate
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Determining whether a defendant is guilty or not
and passing the appropriate sentence
Deciding on requests for remand in custody
Deciding on applications for bail
Committing more serious cases to the Crown
Court
Cases in the family and youth courts.
A 'bench' of three (an experienced chairman with
two other magistrates)
A trained legal advisor
English Judges
A 5 Outside the Court – The Professional
 Barristers
and Solicitors
 Differences in training
 Work
 See pp157-159, handouts
Barrister (P158)
Solicitor (P158)
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A solicitor
Your Role As A Juror
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Selected at _____ from the electoral _____
To represent the ___________ of a society
Between 18 and ___
Disqualified people:
On _______, sentenced to ___________ or
________ service, currently on ____
To discuss _________ with the jury officer
in confidence before being selected to sit
on the trial
Your Responsibilities
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To carefully consider the ______ presented to you
To decide with fellow jurors whether the _______ is
guilty or not of the _____ they’ve been charged with
____ call; failure to attend resulting in ____
To arrive at court on time; otherwise contact the jury
officer immediately
To bring your _______
To ____ if delay is ______ of control
To get ______ from court staff to ____ the jury area
or the court building
The Courtroom
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The judge—to control proceedings from the
_____ in the front of the court room
A ___ Court Judge: My ___/___
A Circuit Judge (Crown Court, County Court,
High Court of Justice): Your _____
Judges: wearing ____ and ___
Court ____: black gown, probably also a wig
___ of the court: black gown
The Courtroom
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Facing the bench—2 ____ ____ representing:
The ______
The _____
_____: black gown, wig, representing and
arguing that case to the ____
The defendant: sitting in the ___,
accompanied by a ___ officer
Witness: witness ___, sometimes via a ___
link or behind the ____
An area for the press & the public ____
Jury Selection
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A ____: Jury officer—randomly selected,
around 15 people
(In court) Court ___—12 people
The defence or prosecution advocate: ______
the selection of a particular juror
________ challenge
____ reading: 2 versions available
The Trial (Case for the prosecution and
for the defence respectively)
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Court clerk: to read out the ______
The prosecution: outlining details of the _____
Witnesses: being called, ____, and _________
Evidence-in-chief
(The defence) Cross-examination: questioning
the witness to find out ___________ and
___________
The Judge
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To ________ from time to time to keep the
trial on course
To deal with the point of ___ or a ________
that has arisen
To ask the jury to ______ the room
Closing speeches
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Both the prosecution and the defence
Talking directly to the ____
Judge’s summing up (what the law _______,
the ____ of the case)
A ___ passed via an ____ to judge for further
____________ or questions
Raising ____ or passing note to raise the
___’s attention: feeling unwell, going to the
toilet, or being ______ by evidence
Not under influence of outside factors
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No ____ with anyone other than fellow jurors
No ______ of items of evidence or notes from
the courtroom
Notifying the jury officer or usher if ________
by anyone else
The Verdict
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The jury ___________ room: to discuss the
evidence, to make decision
To nominate a ______ or ______ to chair the
discussion & as a __________ in courtroom
A serious offence: to ______ any information
about anything discussed in the jury room
__________ or majority verdict
Answering only questions from a ____
Your Rights
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_______: jury officer, court office
To _____ if summoned again within 2 years
To claim expenses and an __________
Your Role As A Juror
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Selected at random from the electoral
register
To represent the cross-section of a
society
Between 18 and 69
Disqualified people:
On probation, sentenced to imprisonment
or community service, currently on bail
To discuss eligibility with the jury officer
in confidence before being selected to sit
on the trial
Your Responsibilities
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To carefully consider the evidence presented to you
To decide with fellow jurors whether the defendant is
guilty or not of the offence they’ve been charged
with
Roll call; failure to attend resulting in fine
To arrive at court on time; otherwise contact the jury
officer immediately
To bring your summons
To wait if delay is outside of control
To get permission from court staff to leave the jury
area or the court building
The Courtroom
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The judge—to control proceedings from the
bench in the front of the court room
A High Court Judge: My Lord/Lady
A Circuit Judge (Crown Court, County Court,
High Court of Justice): Your Honor
Judges: wearing robes and wigs
Court clerk: black gown, probably also a wig
Usher of the court: black gown
The Courtroom
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Facing the bench—2 legal teams representing:
The prosecution
The defence
Advocate: black gown, wig, representing and
arguing that case to the jury
The defendant: sitting in the dock,
accompanied by a dock officer
Witness: witness box, sometimes via a video
link or behind the screen
An area for the press & the public gallery
Jury Selection
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A panel: Jury officer—randomly selected,
around 15 people
(In court) Court clerk—12 people
The defence or prosecution advocate:
challenge the selection of a particular juror
Impersonal challenge
Oath reading: 2 versions available
The Trial (Case for the prosecution and
for the defence respectively)
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Court clerk: to read out the charges
The prosecution: outlining details of the
offences
Witnesses: being called, sworn, and questioned
Evidence-in-chief
(The defence) Cross-examination: questioning
the witness to find out weaknesses and
contradictions
The Judge
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To intervene from time to time to keep the
trial on course
To deal with the point of law or a difficulty that
has arisen
To ask the jury to leave the room
Closing speeches
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Both the prosecution and the defence
Talking directly to the jury
Judge’s summing up (what the law requires,
the facts of the case)
A note passed via an usher to judge for
further explanation or questions
Raising hand or passing note to raise the
usher’s attention: feeling unwell, going to the
toilet, or being distressed by evidence
Not under influence of outside factors
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No discussion with anyone other than fellow
jurors
No removal of items of evidence or notes
from the courtroom
Notifying the jury officer or usher if
approached by anyone else
The Verdict
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The jury deliberation room: to discuss the
evidence, to make decision
To nominate a foreman or forewoman to chair
the discussion & as a spokesperson in
courtroom
A serious offence: to disclose any information
about anything discussed in the jury room
Unanimous or majority verdict
Answering only questions from a clerk
Your Rights
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Queries: jury officer, court office
To refuse if summoned again within 2 years
To claim expenses and an allowance
A 6 Problems in the English Legal
System
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Outdated practice
System elitist
Weak points of jury system
Advantages and disadvantages of the jury
system
Lay magistrates
See p 159
Potential or Possible Advantages of the
Jury System
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The chief bulwark(defence) of the common
man against abuse by the state or by
individual members of the legal system
The role the public play in the legal process
People’s sense of involvement
Jurors: more connected with the daily life of
ordinary people
Judgment of guilt or innocence made by the
accused’s equals
Potential or Possible Disadvantages of
the Jury System
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Difficulty following arguments and/or
evidence in a complex case
Gender or race discrimination and
prejudice
The influence of one dominant
personality, the judge’s summing-up
Impact of emotional witnesses’
accounts or barristers’ appeals
Potential or Possible Advantages &
Disadvantages Lay Magistrates
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Critical decisions affecting personal liberty,
reputation and rights: by ordinary individuals.
So there is an analogy with trial by jury in the Crown
Court, except that there a Judge rules on the law,
whilst the jury decides the facts of the case.
Magistrates do both of these things. As for potential
or possible advantages and disadvantages of Lay
Magistrates, some of the same things as above will
apply e.g. gender, race. In addition, an extra
advantage of the system is that magistrates handle
the bulk of criminal cases (95%) preventing the
higher courts from becoming overloaded with cases.
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http://www.dailymail.co.uk/news/article-492018/Lawdying-Parliament-voted-Britains-absurdlegislation.html (The poll of 3,931 people,
commissioned by UKTV Gold, asked the public to
pick the most ludicrous British and foreign laws still
in existence, from a shortlist.)
http://en.wikipedia.org/wiki/Legal_systems_of_the_w
orld (legal systems)
http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw
/index.htm (crime, justice and the law)
The chart http://www.loc.gov/law/help/uk.html