Chapter 9 Justice and the
Law
November,2005
Xiao Huiyun
Pictures
A 1 Introduction – Basic Principles of ***
English Law
? What are the basic principles of English Law?
? Explain,The Rule of Law”,
? What is the Law that is higher than man-made
law? What are the criteria?
? What kind of orders are soldiers expected to
disobey? Give examples.
? Should the pilot who bombarded the Chinese
Embassy in Yugoslavia be punished for the
atrocity? Why or why not?
A 1 Introduction – Basic Principles of
English Law
? The Rule of Law,Natural Law and Natural
Justice
? The Rule of Law is an aspect of the British
Constitution.
? It involves:
? The rights of individuals are determined by legal
rules and not the arbitrary behaviour of
authorities,
? There can be no punishment unless a court
decides there has been a breach of law,
? Everyone,regardless of your position in society,
is subject to the law,
A 1 Introduction – Basic Principles of
English Law cont
? 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,
Basic principles
? The rule of law----everybody is subject to the law
----laws must not be arbitrary
----a person is innocent until
proven guilty
? Natural law ----a law is higher than a man-made law
? Natural justice----reflection of the prevailing moral view of
the society
A 1 Introduction – Sources of British
Law
? 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 law-
making body,
? Statute Law – made by Parliament
? Case Law – has evolved through decisions
in actual trials
? European Union law
A 1 The Supremacy of Parliament
? 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.
A 2 Structure of the Courts
?Criminal & Civil Law p 153
?Precedence p 153
?The legal system in England &
Wales pp153-154,handouts
?The legal system in Scotland
handouts
The Court System
Civil branch Criminal branch
County Court Magistrates’ Court(JPs,stipendiary magistrates)
Crown CourtHigh Court(QBD,CCD,FD)
Court of Appeal Court of Appeal
House of Lords
Court cont
? 1,The Magistrate's Courts hear criminal trials
2,A magistrate is also called a justice of the
peace
3,They deal with almost 97% of all criminal
cases
4,Six months is the maximum sentence
given
5,Magistrates are often not legally qualified
?
Courts cont
? Magistrates’ Court
? The overwhelming majority of the public who come
into contact with the court system will do so with the
Magistrates’ court,and there are more than 700
magistrates’courts in England and Wales,It is rare
for the sort of cases dealt with in these courts to
grab the nation’s attention,or hit the headlines,
However,these courts are a vital cog in the wheel of
justice,and nearly
all of the UK’s criminals will pass
through their doors.
Courts cont
? The Crown Court
? The Crown Court deals with
all indictable cases,which
are serious offences triable
before a judge and jury,and
these include murder,rape,
serious assault,
kidnapping,conspiracy,
fraud,armed robbery,and
Official Secrets Act
offences,These offences
cannot be tried at the
magistrates’ court.
Courts cont
? The High Court
? The High Court is a civil court and
has the authority to hear any civil
case in England and Wales,It
handles everything from libel and
litigation to shipping cases and
divorce,Along with the Court of
Appeal,it is based at the gothic
building of the Royal Courts of
Justice on the Strand,London,but
also sits at 26
towns around the country.
Courts cont
? Court of appeal
? If a convicted person feels he or she has not
had a fair trial in the Crown Court/High Court
and has been wrongfully convicted,or that the
sentence imposed by the judges is unfair,then
he or she can take their case to the Court of
Appeal,where more senior judges will
consider the merits of their
case.
Courts cont
? The House of Lords
*The highest law court
*The Law Lords conduct a fairly relaxed court
--dress like businessmen to hear cases
--sit at eye level,behind a horseshoe-
shaped table
--rarely attend political debate
Lord Chancellor -- Charles Leslie Falconer,
Baron Falconer of Thoroton,Secratary of
State for Constitutional Affairs
Charles Leslie Falconer,Baron Falconer of Thoroton
A 3 Legal Advice & Assistance ***
? 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
? Judicial independence "is basic to the (British)
Constitution."
? The independence of judges is secured by,
? While in office they behave in a professional manner;
if they maintain the highest of standards in all areas,
they cannot be touched by the government if they
come to a decision that is against a government act
? Those in the judiciary are paid out of the
Consolidated Fund so that they are free of annual
parliamentary criticism,which might be used to
mould future judicial decisions
? See p155 for more information
A 4 Inside the Courts cont ***
? 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
Advisory Committee
Interviews
Recommendation to the Lord Chancellor
Appointment
Requirements of local
communities,number,gender,
ethnicity,etc
qualifications
Qualifications/Disqualifications:
e.g,age,residence,occupation,criminal
record
No formal qualification is
Qualifications
English Judges
A 5 Outside the Court – The Professional
?Barristers and Solicitors
?Differences in training
?Work
?See pp157-159,handouts
Barrister
Barrister
Law Degree(3
years)
School of Law
Bar Exams(1
year)
Pupilage(1
year)
Independent
practice in
‘chambers’
5 years
Solicitor
? A solicitor
Solicitor
Training
Law Degree(3
years)
Law Society
Exams(1 year)
Articles(3
years)
Work for a
Solicitor’s firm
become a
partner
7 years
Training for legal profession in
Scotland***
? A bachelor degree in Scottish law from
Scottish universities + one year postgraduate
course & Diploma in Legal Practice
? A period of vocational training for
solicitors/advocates
? Solicitors for 21 months in solicitor’s office
? Advocates for 9 months as a pupil to a
member of the Bar
A 6 Problems in the English Legal
System
? 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
? The system is the chief bulwark of the common man
against abuse by the state or by individual members
of the legal system.
? It gives the public a part to play in the legal process
and makes the ordinary people gain a sense of
involvement.
? Jurors usually have more first-hand qualification
than any judge to form a valid opinion upon facts
connected with the daily life of ordinary people.
? The system ensures that the judgment of guilt or
innocence is made by the accused’s equals,not by a
judge whom many will see as being out of touch with
ordinary people and no better at making judgments
about facts.
Potential or Possible Disadvantages of
the Jury System
? Jurors may have a lot of difficulty following
arguments and/or evidence in a complex case.
? Evidence shows that gender or race discrimination
and prejudice still exist among some jurors.
? Juries are likely to be influenced by one dominant
personality among their members and also,by the
impression they pick up from the judge’s
summing-up,rather than solely from the facts
presented to them during the hearing.
? Jurors are more easily swayed by emotional
witnesses’ accounts or barristers’ appeals,and
sometimes do not pay as much regard to facts or
documentary evidence as expected.
Potential or Possible Disadvantages
Lay Magistrates
? The system of Lay Magistrates ensures that critical
decisions affecting personal liberty,reputation and
rights are taken 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.
Law
November,2005
Xiao Huiyun
Pictures
A 1 Introduction – Basic Principles of ***
English Law
? What are the basic principles of English Law?
? Explain,The Rule of Law”,
? What is the Law that is higher than man-made
law? What are the criteria?
? What kind of orders are soldiers expected to
disobey? Give examples.
? Should the pilot who bombarded the Chinese
Embassy in Yugoslavia be punished for the
atrocity? Why or why not?
A 1 Introduction – Basic Principles of
English Law
? The Rule of Law,Natural Law and Natural
Justice
? The Rule of Law is an aspect of the British
Constitution.
? It involves:
? The rights of individuals are determined by legal
rules and not the arbitrary behaviour of
authorities,
? There can be no punishment unless a court
decides there has been a breach of law,
? Everyone,regardless of your position in society,
is subject to the law,
A 1 Introduction – Basic Principles of
English Law cont
? 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,
Basic principles
? The rule of law----everybody is subject to the law
----laws must not be arbitrary
----a person is innocent until
proven guilty
? Natural law ----a law is higher than a man-made law
? Natural justice----reflection of the prevailing moral view of
the society
A 1 Introduction – Sources of British
Law
? 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 law-
making body,
? Statute Law – made by Parliament
? Case Law – has evolved through decisions
in actual trials
? European Union law
A 1 The Supremacy of Parliament
? 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.
A 2 Structure of the Courts
?Criminal & Civil Law p 153
?Precedence p 153
?The legal system in England &
Wales pp153-154,handouts
?The legal system in Scotland
handouts
The Court System
Civil branch Criminal branch
County Court Magistrates’ Court(JPs,stipendiary magistrates)
Crown CourtHigh Court(QBD,CCD,FD)
Court of Appeal Court of Appeal
House of Lords
Court cont
? 1,The Magistrate's Courts hear criminal trials
2,A magistrate is also called a justice of the
peace
3,They deal with almost 97% of all criminal
cases
4,Six months is the maximum sentence
given
5,Magistrates are often not legally qualified
?
Courts cont
? Magistrates’ Court
? The overwhelming majority of the public who come
into contact with the court system will do so with the
Magistrates’ court,and there are more than 700
magistrates’courts in England and Wales,It is rare
for the sort of cases dealt with in these courts to
grab the nation’s attention,or hit the headlines,
However,these courts are a vital cog in the wheel of
justice,and nearly
all of the UK’s criminals will pass
through their doors.
Courts cont
? The Crown Court
? The Crown Court deals with
all indictable cases,which
are serious offences triable
before a judge and jury,and
these include murder,rape,
serious assault,
kidnapping,conspiracy,
fraud,armed robbery,and
Official Secrets Act
offences,These offences
cannot be tried at the
magistrates’ court.
Courts cont
? The High Court
? The High Court is a civil court and
has the authority to hear any civil
case in England and Wales,It
handles everything from libel and
litigation to shipping cases and
divorce,Along with the Court of
Appeal,it is based at the gothic
building of the Royal Courts of
Justice on the Strand,London,but
also sits at 26
towns around the country.
Courts cont
? Court of appeal
? If a convicted person feels he or she has not
had a fair trial in the Crown Court/High Court
and has been wrongfully convicted,or that the
sentence imposed by the judges is unfair,then
he or she can take their case to the Court of
Appeal,where more senior judges will
consider the merits of their
case.
Courts cont
? The House of Lords
*The highest law court
*The Law Lords conduct a fairly relaxed court
--dress like businessmen to hear cases
--sit at eye level,behind a horseshoe-
shaped table
--rarely attend political debate
Lord Chancellor -- Charles Leslie Falconer,
Baron Falconer of Thoroton,Secratary of
State for Constitutional Affairs
Charles Leslie Falconer,Baron Falconer of Thoroton
A 3 Legal Advice & Assistance ***
? 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
? Judicial independence "is basic to the (British)
Constitution."
? The independence of judges is secured by,
? While in office they behave in a professional manner;
if they maintain the highest of standards in all areas,
they cannot be touched by the government if they
come to a decision that is against a government act
? Those in the judiciary are paid out of the
Consolidated Fund so that they are free of annual
parliamentary criticism,which might be used to
mould future judicial decisions
? See p155 for more information
A 4 Inside the Courts cont ***
? 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
Advisory Committee
Interviews
Recommendation to the Lord Chancellor
Appointment
Requirements of local
communities,number,gender,
ethnicity,etc
qualifications
Qualifications/Disqualifications:
e.g,age,residence,occupation,criminal
record
No formal qualification is
Qualifications
English Judges
A 5 Outside the Court – The Professional
?Barristers and Solicitors
?Differences in training
?Work
?See pp157-159,handouts
Barrister
Barrister
Law Degree(3
years)
School of Law
Bar Exams(1
year)
Pupilage(1
year)
Independent
practice in
‘chambers’
5 years
Solicitor
? A solicitor
Solicitor
Training
Law Degree(3
years)
Law Society
Exams(1 year)
Articles(3
years)
Work for a
Solicitor’s firm
become a
partner
7 years
Training for legal profession in
Scotland***
? A bachelor degree in Scottish law from
Scottish universities + one year postgraduate
course & Diploma in Legal Practice
? A period of vocational training for
solicitors/advocates
? Solicitors for 21 months in solicitor’s office
? Advocates for 9 months as a pupil to a
member of the Bar
A 6 Problems in the English Legal
System
? 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
? The system is the chief bulwark of the common man
against abuse by the state or by individual members
of the legal system.
? It gives the public a part to play in the legal process
and makes the ordinary people gain a sense of
involvement.
? Jurors usually have more first-hand qualification
than any judge to form a valid opinion upon facts
connected with the daily life of ordinary people.
? The system ensures that the judgment of guilt or
innocence is made by the accused’s equals,not by a
judge whom many will see as being out of touch with
ordinary people and no better at making judgments
about facts.
Potential or Possible Disadvantages of
the Jury System
? Jurors may have a lot of difficulty following
arguments and/or evidence in a complex case.
? Evidence shows that gender or race discrimination
and prejudice still exist among some jurors.
? Juries are likely to be influenced by one dominant
personality among their members and also,by the
impression they pick up from the judge’s
summing-up,rather than solely from the facts
presented to them during the hearing.
? Jurors are more easily swayed by emotional
witnesses’ accounts or barristers’ appeals,and
sometimes do not pay as much regard to facts or
documentary evidence as expected.
Potential or Possible Disadvantages
Lay Magistrates
? The system of Lay Magistrates ensures that critical
decisions affecting personal liberty,reputation and
rights are taken 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.
