The Law in the UK

The UK comprises four countries: England, Scotland, Wales, and Northern Ireland. While they share many laws, there are some differences, especially in criminal and civil laws.

1. Equal Treatment Under the Law
   • Everyone in the UK is treated equally under the law, regardless of their background or identity.
   • The law applies in the same way to everyone.
2. Types of Law in the UK
   • The UK legal system is divided into two main branches Civil Law and Criminal Law.
   • Civil Law
     1. Settles disputes between individuals or groups. Such disputes are handled by Civil courts.
     2. Examples of Civil Law Disputes:
        • Employment issues: Unfair dismissal, unpaid wages, workplace discrimination.
        • Housing disputes: Between landlords and tenants (e.g., repairs, eviction).
        • Consumer rights: Faulty goods or poor services.
        • Debt: Disagreements over money owed.
   • Criminal Law
     1. Deals with actions that are offences against the law or public safety. Such offences against the law are enforced by The police and courts.
     2. Examples of Criminal Offences:
        • Carrying weapons (knives/guns), even for self-defence.
        • Selling illegal drugs: Such as cannabis, heroin, cocaine, ecstasy.
        • Racial or religious hate crimes: Harassing or causing distress based on religion or ethnicity.
        • Selling tobacco or alcohol to minors (under 18).
        • Drinking alcohol in alcohol-free zones (can lead to fines or arrest).
        • Smoking in enclosed public places.
3. Key Legal Rules and Restrictions
   • Age-Related Laws
     1. Tobacco: Must be 18 or over to buy.
     2. Alcohol:
        • 18+: To buy alcohol.
        • 16+: May drink alcohol with a meal in a restaurant or hotel (if permitted by adult).
   • Illegal Actions and Consequences
     1. Illegal to drink alcohol in designated alcohol-free zones (you can be fined or arrested).
     2. Illegal to smoke in nearly all enclosed public places (e.g., restaurants, offices).
     3. Police have the power to confiscate alcohol or issue penalties.
4. Examples from Real-life Situations
   • Dispute over unpaid wages → Civil law
   • Selling tobacco to under-18s → Criminal offence
   • Unfair dismissal from a job → Civil dispute (employment law)
   • Harassing someone due to religion → Racial/religious hate crime (criminal offence)
   • Debt recovery → Civil case
   • Drinking in an alcohol-free zone → Criminal offence
   • Carrying a knife for self-defence → Criminal offence

The Police and Their Duties

The police in the UK operate independently of the government and have a range of responsibilities to maintain law and order.

1. Duties of the Police
   • Protect life and property.
   • Prevent and detect crime.
   • Prevent public disturbances (keep the peace).
2. Police Organisation
   • The UK has separate regional police forces, each led by a Chief Constable.
   • Police operate independently of the government and must serve everyone equally.
   • Police officers must follow the law and can be punished for corruption, abuse of power, or discrimination.
3. Police and Crime Commissioners (PCCs) – England & Wales
   • Introduced in November 2012.
   • Directly elected by the public.
   • PCCs provide oversight but do not run daily police operations.
   • Key responsibilities:
     1. Appoint (and, if necessary, dismiss) the Chief Constable.
     2. Set local policing priorities.
     3. Manage the policing budget.
     4. Ensure an efficient and effective police force.
4. Devolved Powers
   1. Policing is devolved in:
      • Scotland → Chief Constable appointed by the Scottish Police Authority.
      • Northern Ireland → Chief Constable appointed by the Northern Ireland Policing Board.
   2. Policing is not devolved in:
      • England and Wales → Police powers remain under the UK Parliament.
5. Police Community Support Officers (PCSOs)
   • PCSOs support regular police officers by:
     1. Patrolling local areas and engaging with the community.
     2. Tackling anti-social behaviour.
     3. Assisting at crime scenes, public events, and emergencies.
   • They do not have full police powers but play a vital public-facing role.
6. Police Complaints System
   • Anyone can complain if the police:
     1. Misuse their authority.
     2. Behave unlawfully or inappropriately.
     3. Fail to meet professional standards.
   • Ways to make a complaint
     1. Directly to the Police:
        • Visit a police station.
        • Write to the Chief Constable.
        • Submit a complaint online via the police force’s website.
     2. Through an independent body (varies by UK nation):
        • England & Wales: Complaints are handled by the Independent Police Complaints Commission.
        • Scotland: Handled by the Police Complaints Commissioner.
        • Northern Ireland: Managed by the Police Ombudsman.
7. Important points for exam
   • The Chief Constable leads the police force, not the PCC.
   • PCCs are responsible for oversight, not daily police operations.
   • Everyone in the UK is expected to cooperate with the police to help prevent and detect crime.

Terrorism and Extremism

1. What is Extremism?
   • Extremism refers to vocal or active opposition to fundamental British values, such as democracy, rule of law, individual liberty, and mutual respect.Forms of extremism to be aware of include:
     1. Religious extremism
     2. Far-right extremism
2. What is Terrorism?
   • Terrorism is the use or threat of violence to try to influence society or the government. All terrorist groups seek to radicalise (influence) and recruit people to join their cause.
   • These groups typically attract low public support, but the threat is still serious and real.
3. Most Serious Terrorist Threat to the UK
   • The greatest terrorist threat to the UK comes from Al Qa’ida, its affiliates, other recognised threats include:
     1. Northern Ireland-related terrorism
     2. Religious extremism
     3. Far-right extremism
   • Citizens should be aware of and vigilant against all of these threats.
4. Reporting Extremism or Terrorist Recruitment
   • If someone tries to persuade you to join an extremist or terrorist group:
     1. Do NOT ignore it.
     2. Contact your local police immediately.
   • This helps to keep you and others safe, and protects the values of UK society.

The Judiciary’s Role

The judiciary refers to judges in the UK who interpret the law, ensure fair trials and protect individual rights. Judges must always remain independent from the government to maintain impartiality and uphold the rule of law. Their role is to interpret existing laws, not to create or enforce them.

1. If a public body (e.g., a council or government agency) violates someone’s legal rights, a judge can:
   • Order it to change its practices
   • Require it to pay compensation to the affected individual
2. If judges decide that the government has acted illegally, the government must:
   • Change its policy, or
   • Ask Parliament to change the law
   • Judges do not have the power to:
     1. Remove officials
     2. Enact laws
     3. Take over government operations
3. Judges do not:
   • Make new laws (this is the role of Parliament)
   • Enforce government policies (this is the responsibility of the executive branch)
   • Appoint government officials

Criminal Courts in the UK

The court systems in England and Wales, Scotland, and Northern Ireland differ in types of courts and legal procedures. Each region has its own structure and terminology.

1. Courts Handling Minor Criminal Cases
   • In Scotland, minor criminal offences are dealt with by the Justice of the Peace Court. Justices of the Peace are unpaid and do not require legal qualifications.
   • In England, Wales, Northern Ireland, minor criminal cases are handled by the Magistrates’ Court. In England and Wales, magistrates are unpaid and not legally qualified, while in Northern Ireland, District Judges who hear these cases are legally qualified and paid professionals.
2. Courts Handling Serious Criminal Cases
   • In Scotland, serious cases are heard in the Sheriff Court (with a sheriff and possibly a jury). The most serious cases such as murder are tried in the High Court with a judge and jury.
   • In England, Wales, Northern Ireland, serious criminal offences are tried in the Crown Court before a judge and jury.
3. Jury Selection and Composition
   • Jury members are chosen at random from the local electoral register to ensure impartiality.
   • Juries in England, Wales, Northern Ireland consist of 12 members, while in Scotland, juries have 15 members.
4. Verdicts in Criminal Trials
   • England, Wales, Northern Ireland have two verdicts guilty and not guilty.
   • Scotland uniquely allows a third verdict called not proven, alongside guilty and not guilty.
5. Jury Trial Decisions
   • The jury decides whether the defendant is guilty or not based on the evidence presented.
   • The judge determines the penalty or sentence if the verdict is guilty.
6. Jury Service Requirements
   • Jury service is generally mandatory, but individuals may be excused for reasons such as ill health, serious personal responsibilities, or ineligibility (e.g., due to criminal convictions).
7. Youth Criminal Cases
   • In England, Wales, Northern Ireland, accused persons aged 10-17 are usually heard in the Youth Court; serious cases are tried in the Crown Court.
   • Youth Court cases are heard by a district judge or specially trained magistrates.
   • During Youth Court hearings, a juvenile can be accompanied by parents/guardians, an appropriate adult (trained professional), and a social worker or member of a Youth Offending Team. The media and public are not allowed.
   • In Scotland, young offenders are mostly handled by the Children’s Hearings System, with serious cases prosecuted in the Sheriff Court or High Court.

Civil Courts in the UK

Civil courts deal with non-criminal disputes such as debt recovery, personal injury claims, breaches of contract, family law matters (like divorce or child arrangements), and property disputes.

1. Role of County Courts
   • County Courts in the UK do not handle criminal cases such as murder or armed robbery. Instead, they focus on civil matters, including:
     1. Personal injury claims
     2. Debt recovery
     3. Breach of contract
     4. Some family law issues
2. Civil Courts by Region
   1. In Scotland, most civil disputes, including breaches of contract and family matters, are handled by the Sheriff Courts, while the Court of Session handles the most serious civil cases.
   2. In England, Wales, and Northern Ireland, the County Courts handle most civil matters, while the High Court deals with the most serious civil cases involving large compensation claims.
3. Small Claims Procedure
   • The small claims procedure is designed to resolve minor civil disputes quickly and inexpensively, often without needing a lawyer.
   • The maximum amount for a small claim is:
     1. £10,000 in England and Wales
     2. £5,000 in Scotland and Northern Ireland
   • Small claims hearings are held informally, usually in an ordinary room with people sitting around a table, rather than in formal courtrooms or with juries.
   • Information about the small claims procedure can be obtained from your local County Court (in England, Wales, and Northern Ireland) or Sheriff Court (in Scotland).
   • More Info on Small Claims Court Limits:
     • England and Wales
     • Scotland – Simple Procedure
     • Northern Ireland

Legal Advice and Solicitors

1. What is a Solicitor?
   • Solicitors are trained legal professionals in the UK.
   • Solicitors’ charges usually based on the time spent working on a case.
   • They:
     1. Give legal advice on various matters.
     2. Take legal action on behalf of clients.
     3. Represent clients in court when necessary.
2. Where Can You Find Solicitors?
   • Solicitors have offices throughout the UK.
   • They often advertise in:
     1. Local newspapers
     2. The Yellow Pages
   • You can find a solicitor or check their expertise by contacting:
     1. The Citizens Advice Bureau (www.citizensadvice.org.uk)
     2. The Law Society:
        • Law Society of England and Wales
        • Law Society of Scotland
        • Law Society of Northern Ireland
3. Importance of Knowing Solicitor Costs Early
   • It is important to find out the cost of a solicitor’s services at the start so you can:
     1. Understand how much the case is likely to cost.
     2. Avoid unexpected fees later on.