Fundamental Principles of UK
This section covers the essential principles that underpin the legal framework in the UK, from understanding and respecting the law to the roles of police, courts, and the judiciary. It provides a detailed overview of criminal and civil law, as well as key processes within the UK’s justice system.
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Section |
Description |
1 |
Respecting the Law |
- Understanding and obeying the law is a fundamental responsibility for all UK residents.
- The UK expects all residents to comply with its laws and be aware that some actions permitted in other countries may be illegal in the UK.
- Failure to respect the law can affect the ability to become a permanent resident.
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2 |
Types of Law |
Laws in the UK are divided into two categories: criminal law and civil law.
Criminal Law
- Crimes investigated by authorities and punished by courts.
- Examples:
- Carrying a weapon: Criminal offence, even for self-defence.
- Drugs: Illegal to buy or sell drugs like heroin, cocaine, etc.
- Racial crime: Harassment due to religion or ethnicity.
- Selling tobacco: Illegal to sell to those under 18.
- Smoking in public places: Illegal in enclosed public places.
- Buying alcohol: Illegal to buy for those under 18.
- Drinking in public: Alcohol-free zones, fines or arrest possible.
Civil Law
- Settles disputes between individuals or groups.
- Examples:
- Housing law: Disputes between landlords and tenants.
- Consumer rights: Faulty goods or services.
- Employment law: Disputes over wages, unfair dismissal.
- Debt: Court cases for unpaid money.
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3 |
Police and Their Duties |
- Public elected Police and Crime Commissioners (PCCs) in 2012 to ensure effective policing reflecting community needs.
- Police must obey the law and can be punished for misconduct.
- Police community support officers (PSCOs) assist in various roles.
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4 |
Terrorism and Extremism |
- The UK faces terrorist threats, primarily from Al Qa’ida and Northern Ireland-related terrorism.
- Al Qa’ida and Northern Ireland-related terrorism are primary threats.
- Terrorist groups aim to recruit and radicalize individuals.
- Citizens must report extremist or terrorist recruitment to local police.
- All individuals should feel safe from extremism in society.
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5 |
The Role of the Courts |
- Courts in the UK ensure fair trials and legal proceedings.
- Courts interpret the law and their decisions can compel the government to change policies or laws.
- Courts resolve disputes between individuals or organizations.
- Criminal courts handle crimes; civil courts handle disputes.
- Types of courts: Magistrates' and Justice of the Peace Courts (England and Wales), Crown Courts and Sheriff Courts (England, Wales, and Northern Ireland), Youth Courts (England and Wales), County Courts.
- Small claims procedure for minor disputes.
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6 |
Judiciary |
- Judges interpret the law and ensure fair trials.
- Judges are independent of the government.
- Judicial decisions can require changes in government policy or law.
- Judges handle disputes about contracts, property, employment rights, and accidents.
- Judges can order changes in public body practices and compensation.
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7 |
Criminal Courts |
- Minor criminal cases are handled by Magistrates’ and Justice of the Peace Courts.
- Serious offences are tried in Crown Courts or Sheriff Courts.
- Youth Courts handle cases involving minors.
- England and Wales: Magistrates and Justices of the Peace often work unpaid and without legal qualifications.
- Serious offences involve a jury in Crown Courts or Sheriff Courts.
- Scotland: In the High Court of Justiciary, criminal cases are decided by a 15-person jury.
- Youth Courts deal with 10 to 17-year-olds in England and Wales and Northern Ireland.
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8 |
Civil Courts |
- County Courts handle civil disputes, including personal injury, family matters, breaches of contract, and divorce.
- More serious cases are dealt with in the High Court or the Court of Session in Scotland.
- The small claims procedure is used for minor disputes.
- Small claims for disputes under £5,000 (England and Wales) or £3,000 (Scotland and Northern Ireland).
- The small claims procedure is informal and can be handled online.
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9 |
Legal Advice |
- Solicitors provide legal advice, take action for clients, and represent them in court.
- Finding the right solicitor with relevant expertise is crucial.
- Solicitors' charges are typically based on time spent on a case.
- Information on solicitors can be obtained from: Citizens Advice Bureau, Law Society, Law Society of Scotland, or Law Society of Northern Ireland.
- Important to know potential costs at the start.
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