The Purpose of Criminal and Civil Law Date: Tuesday, 18 September 2018 The Purpose of Criminal and Civil Law Learning Objectives Describe the key differences between criminal and civil law Explain the rationale for the differences TIF: Critically analyse whether the criminal justice system achieves its aims Starter: Read your partner’s case note homework. Is it a civil or criminal case? Which court? Did they use quality written language in their summary? WWW: (what went well) EBI: (Even better if) 10

Categories of Law PRINT

Public law (re the State) Private law (civil law) Categories of Law Law International National Public law (re the State) Private law (civil law) 25 (inc plenary) Constitutional (re national government) Contract (basis of business & consumer law) Tort (civil wrongs: negligentdamage, trespass, nuisance) Company Administrative (re local government) Criminal (crimes are against the State) Family (marriage, divorce, children) Labour Equity Land etc….

Differences between civil and criminal law Civil Cases Criminal Cases Purpose of the law Person stating the case Legal name for that person Courts hearing cases Standard of Proof Person/s making the decision Decision Powers of the court 20

Civil Cases Criminal Cases Decision Powers of the court Purpose of the law To uphold the rights of the individual To maintain law and order; to protect society Person stating the case The individual whose rights have been affected Usually the State through the Crown Prosecution Service Legal name for that person Claimant Prosecutor Courts hearing cases County court or High Court. Some cases dealt with in tribunals Magistrates’ Court or Crown Court Standard of Proof The balance of probability Beyond reasonable doubt Person/s making the decision Judge. Very rarely a jury Magistrates in Magistrates’ Courts or A judge and Jury in the Crown Court Decision Liable or not liable Guilty (convicted) or not guilty (acquitted) Powers of the court Usually an award of damages, also possible: injunction, specific performance of a contract, rescission or rectification Prison, community sentence, fine, discharge, driving ban

Standard of proof: Burden of proof: The level to which a case must be proven in order to find someone guilty (criminal) or liable (civil) The side who bears the burden of proving that the standard of proof has been met

Why is the standard of proof higher in criminal cases? Criminal Cases: Standard of proof: Burden of proof: Civil Cases: Beyond reasonable doubt Prosecution Balance of probabilities Claimant Why is the standard of proof higher in criminal cases?

Quick Quiz! What is the purpose of the civil law? Which two courts try civil cases? What is the purpose of the criminal law? Which two courts try criminal cases? What is meant by ‘double liability?’

Human Rights and European Law Date: Tuesday, 18 September 2018 Human Rights and European Law Learning Objectives Describe the relationship between the Human Rights Act 1998 and the European Convention on Human Rights Explain how European Laws affect the English legal system TIF: Do you think being a member of Europe is a good or bad thing? Starter: Which countries make up the United Kingdom? 10 A: England, Scotland, Wales, Northern Ireland (Great Britain is just England, Scotland and Wales)

Our main sources of Law are… UK Law (Civil, Criminal and Public) European Laws e.g. European Convention on Human Rights or funny Laws about the size and shape of bananas! World Laws made by the United Nations e.g the UN Declaration on Human Rights (we did this in year 9!)

If UK Law clashes with EU Law, the EU Law should take supremacy How does EU Law work? If UK Law clashes with EU Law, the EU Law should take supremacy

How does EU law affect me? Studying in another country Working in another country Free emergency medical treatment in another country Cheaper mobile phone tariffs Environmental laws e.g. cleaner beaches Workers rights e.g. anti-discrimination, working conditions Human Rights (European Convention on Human Rights) – goes further than the UN Declaration

European Courts Question: Why do we have to follow European Law? Most cases go to the European Court of Justice in Luxemburg Question: Why do we have to follow European Law? Answer: Because we have signed up to be part of the European Union, which means we agree to be bound by EU Law (more about this in the next unit!) Human Rights cases go to the European Court of Human Rights in Strasbourg, France

How does EU Law work? If you disagree with how the EU Law was applied in a UK court, you can appeal to the European Court of Justice in Luxemberg

How does EU Law work? If a country fails to follow EU Law, the country can be fined by the European Commission

In your own words, explain how cases reach the ECJ So…how does it work? ECJ She goes to court but UK Law says this is ok as 60 is the age of retirement She appeals to the European Court of Justice (ECJ) Ethel is forced to resign when she reaches 60 In your own words, explain how cases reach the ECJ ECJ says that because so many other European countries have a higher retirement age, the UK Law is unfair Ethel wins her appeal

You are protected by 3 Human Rights Agreements Universal Declaration on Human Rights 1948 European Convention on Human Rights 1950 Human Rights Act 1998 International Europe United Kingdom

Human Rights The Human Rights Act 1998 incorporated the European Convention on Human Rights into our law. Important as it affected many areas of English Legal System. If you could create a list of rights that you think are fundamental to any Human Being what would that list include? Write them in the manner of the “The right to …” You can have 8.

The ECHR Articles Article 1 – Respecting rights Article 2 – The right to life Article 3 – The right of freedom from torture Article 4 – The right of freedom from slavery Article 5 – The right to liberty Article 6 – The right to a fair trial Article 7 – The right not to be punished except according to law Article 8 – The right to privacy for private and family life Article 9 – The right to freedom of thought, conscience and religion Article 10 – The right to freedom of expression Article 11 – The right of freedom of association Article 12 – The right to marriage Article 13 – The right to effective remedy Article 14 – The right to freedom from discrimination Article 15 – The right to derogation Article 16 – The right to restrict the political activity of aliens Article 17 – The right to freedom from abuse of the rights of the convention Article 18 – Permitted restrictions

So…how does it work? ECtHR The UK court says that the Human Rights Act doesn’t say anything about the age of retirement so refers the question to the European Court of Human Rights (ECtHR) She goes to court claiming that this is a breach of her Human Rights Ethel is forced to resign when she reaches 60 How is this different to the ECJ? Answer: The ECJ makes its own judgment which is binding to the individual. The ECtHR just makes a recommendation and sends it back to the UK court to decide ECtHR interpret the European Convention on Human Rights and give their opinion to the UK court Explain this in your own words The case goes back to the UK court to be tried again

Effect on English Law Before the HRA 1998 a person would have to complain to the ECtHR. If the UK found in breach it did not have to do anything if it did not want to. But now since HRA people can rely on these rights through our courts. Also some changes to our legal system to incorporate these rights. As you see some of the main changes see if you can distinguish which articles the area of law deals with:

Note taking – Skim / Scan / Summarise Note taking is a vital skill – particularly if you want to go to University. It is not about writing down everything on the page. But you must have enough information to make sense of. Read pages 8-11 and take notes. Take a note of the page number in the margin.

Effect on English Law Civil Cases – appeal for small claims where non existed before. Criminal trials – Children being tried in Crown Court were not to be treated like adults and court procedure changed to make process less formal. Sentencing – Minimum tariffs used to be set by the Home Secretary, now set by judges. Judicial appointment – Changed from 3 years to 5 years (shorter periods made judges less independent from government).

Plenary Individually decide if you think that the UK is better or worse off because of EU membership. (2 minutes) Share your thoughts with the person next to you and discuss why you think you are right. (1 minute) On your table come up with a group consensus. (1 minute) Vote (Whole Class)