Public Law II Criminal law: The Tyrer Case

The composition of the UK? England England Wales Wales Scotland Scotland Northern Ireland Northern Ireland

The British Islands The Channel Islands (Jersey, Guernsey, Alderney and Sark) The Channel Islands (Jersey, Guernsey, Alderney and Sark) The Isle of Man The Isle of Man

The British Islands

Privy Council A council of the British sovereign that until the 17th century was the supreme legislative body, that now consists of cabinet ministers ex officio and others appointed for life, and that has no important function except through its Judicial Committee, which in certain cases acts as a supreme appellate court in the Commonwealth. A council of the British sovereign that until the 17th century was the supreme legislative body, that now consists of cabinet ministers ex officio and others appointed for life, and that has no important function except through its Judicial Committee, which in certain cases acts as a supreme appellate court in the Commonwealth.

The Home Secretary The Secretary of State for the Home Department, commonly known as the Home Secretary - the minister in charge of the Home Office of the UK. The Secretary of State for the Home Department, commonly known as the Home Secretary - the minister in charge of the Home Office of the UK. responsible for internal affairs within England and Wales, and for immigration and citizenship for the whole of the UK; responsible for internal affairs within England and Wales, and for immigration and citizenship for the whole of the UK; Also: policing and matters of national security Also: policing and matters of national security

The Royal Assent The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament

Constitutional conventions Practices relating to the exercise of their functions by the Crown, the government, the Parliament and the judiciary that are not legally enforceable but are commonly followed as if they were, e.g. convention that royal assent must not be refused to a Bill duly passed by Parliament Practices relating to the exercise of their functions by the Crown, the government, the Parliament and the judiciary that are not legally enforceable but are commonly followed as if they were, e.g. convention that royal assent must not be refused to a Bill duly passed by Parliament

Constitutional conventions The basic reason for obeying conventions – to ensure that the machinery of government should function smoothly The basic reason for obeying conventions – to ensure that the machinery of government should function smoothly Conventions have not been codified into law and can be modified informally to meet changing circumstances Conventions have not been codified into law and can be modified informally to meet changing circumstances

Skim the text and decide which section s about: A) The application of judicial corporal punishment in the Isle of Man and prospects for the future A) The application of judicial corporal punishment in the Isle of Man and prospects for the future B)The constitutional position of the Isle of Man and its relationship with the UK B)The constitutional position of the Isle of Man and its relationship with the UK C) The legal status of judicial corporal punishment in the UK and Isle of Man C) The legal status of judicial corporal punishment in the UK and Isle of Man

Group work Read the text carefully. Read the text carefully. Write a few questions (4-5) Write a few questions (4-5) Answer your questions Answer your questions Ask your partner to answer your questions Ask your partner to answer your questions In what way the information in section 1 is relevant to the Tyrer case? In what way the information in section 1 is relevant to the Tyrer case?

Answer the following: 1. Is the Isle of Man part of the UK? 1. Is the Isle of Man part of the UK? No, it is a dependency of the Crown and has its own state organs and legal system No, it is a dependency of the Crown and has its own state organs and legal system 2. What is the role of the Crown with regard to the Isle of Man? 2. What is the role of the Crown with regard to the Isle of Man? The Crown (acting through the Privy Council and the Home Secretary) is responsible for the good government of the island, and the Queen in Council ratifies legislation passed by the Isle of Man Parliament The Crown (acting through the Privy Council and the Home Secretary) is responsible for the good government of the island, and the Queen in Council ratifies legislation passed by the Isle of Man Parliament

Answer the following: 3. Do international treaties which apply to the UK also apply to the Isle of Man? 3. Do international treaties which apply to the UK also apply to the Isle of Man? Yes, but since 1950 only if the Isle of Man is expressly included Yes, but since 1950 only if the Isle of Man is expressly included 4. Does the European Convention on Human Rights apply to the Isle of Man? 4. Does the European Convention on Human Rights apply to the Isle of Man?

Answer the following: Can the UK Parliament pass domestic legislation for the Isle of Man without its consent? Can the UK Parliament pass domestic legislation for the Isle of Man without its consent? Not normally, because of a constitutional convention to this effect Not normally, because of a constitutional convention to this effect

What does it mean? Thereafter (10)? Thereafter (10)? ‘After that; from that time on’ ‘After that; from that time on’ Ratification (18) Ratification (18) ‘official confirmation or approval’ ‘official confirmation or approval’ Resolution (36) Resolution (36) ‘a formal statement of opinion agreed on by an organised body, usually by vote’ ‘a formal statement of opinion agreed on by an organised body, usually by vote’

What does it mean? Charged (6) Charged (6) ‘given as a duty or responsibility’ ‘given as a duty or responsibility’ Hereby (38) Hereby (38) indicates that what you are saying has official status and will take effect immediately indicates that what you are saying has official status and will take effect immediately Address (48, 53) Address (48, 53) ‘give a formal speech; place of residence’ ‘give a formal speech; place of residence’

What does it mean? Deterrent (34) Deterrent (34) ‘something that prevents people from doing sth by making them afraid of what will happen to them if they do it’ ‘something that prevents people from doing sth by making them afraid of what will happen to them if they do it’ Penal policy (22) Penal policy (22) ‘policy relating to punishment for crimes’ ‘policy relating to punishment for crimes’ Inter alia (36) Inter alia (36) ‘among other things’ ‘among other things’

What does it mean/refer to? A) So (10) A) So (10) B) Such (10) B) Such (10) C) Unless (10) C) Unless (10)

What does it mean/refer to? A) as extending, in the absence of contrary provision, to the Isle of Man A) as extending, in the absence of contrary provision, to the Isle of Man B) such treaties = international treaties applicable to the UK B) such treaties = international treaties applicable to the UK C) such territories = territories for whose international relations (the UK Government) were responsible C) such territories = territories for whose international relations (the UK Government) were responsible

Which of the two alternatives is correct? 1. UK treaties are not applicable to the Isle of Man if there is/is not an express inclusion to this effect (10) 1. UK treaties are not applicable to the Isle of Man if there is/is not an express inclusion to this effect (10) 2. The UK Parliament will legislate on the Isle of Man’s domestic affairs without its consent when there is/is not a special reason which overrides the constitutional convention (21-3) 2. The UK Parliament will legislate on the Isle of Man’s domestic affairs without its consent when there is/is not a special reason which overrides the constitutional convention (21-3)

Choose the correct alternative: The Isle of Man The Isle of Man A) belongs to the Queen A) belongs to the Queen B) is totally independent from the UK B) is totally independent from the UK C) has some links with the UK, but mainly governs itself C) has some links with the UK, but mainly governs itself D) belongs to the UK D) belongs to the UK

Choose the correct alternative: Since 1950 international treaties applicable to the UK Since 1950 international treaties applicable to the UK A) are automatically applicable to the Isle of Man A) are automatically applicable to the Isle of Man B) are never applicable to the Isle of Man B) are never applicable to the Isle of Man C) are applicable to the Isle of Man if there is no provision to the contrary C) are applicable to the Isle of Man if there is no provision to the contrary D) are only applicable to the Isle of Man if this is expressly stated in the provision D) are only applicable to the Isle of Man if this is expressly stated in the provision

Choose the correct alternative: Domestic legislation for the Isle of Man is generally passed by Domestic legislation for the Isle of Man is generally passed by A) Tynwald – the Isle of Man Parliament A) Tynwald – the Isle of Man Parliament B) the UK Parliament B) the UK Parliament C) the Home Secretary and the Privy Council C) the Home Secretary and the Privy Council D) the Legislative Council D) the Legislative Council

Choose the correct alternative: At the time of the Tyrer case judicial corporal punishment existed At the time of the Tyrer case judicial corporal punishment existed A) in England, Wales, Scotland and the Isle of Man A) in England, Wales, Scotland and the Isle of Man B) in the UK B) in the UK C) in the Isle of Man C) in the Isle of Man D) in Northern Ireland and the Isle of Man D) in Northern Ireland and the Isle of Man

Choose the correct alternative: In 1963, 1965 and 1977 Tynwald decided to retain judicial corporal punishment In 1963, 1965 and 1977 Tynwald decided to retain judicial corporal punishment A) to control males under the age of 21 A) to control males under the age of 21 B) to prevent crime B) to prevent crime C) to deter visitors C) to deter visitors D) to punish hooligans D) to punish hooligans

Choose the correct alternative: In 1978 the majority of the Isle of Man electorate In 1978 the majority of the Isle of Man electorate A) were in favour of keeping judicial corporal punishment A) were in favour of keeping judicial corporal punishment B) were entitled to vote for judicial corporal punishment B) were entitled to vote for judicial corporal punishment C were against judicial corporal punishment C were against judicial corporal punishment D) voted in favour of keeping judicial corporal punishment D) voted in favour of keeping judicial corporal punishment

Choose the correct alternative: At the time of the Tyrer case the Isle of Man Parliament was considering legislation which would At the time of the Tyrer case the Isle of Man Parliament was considering legislation which would A) reduce the use of judicial corporal punishment on young males A) reduce the use of judicial corporal punishment on young males B) introduce judicial corporal punishment for serious offences of violence B) introduce judicial corporal punishment for serious offences of violence C) increase the number of offences for which judicial corporal punishment could be given C) increase the number of offences for which judicial corporal punishment could be given D) abolish judicial corporal punishment for unlawful assault D) abolish judicial corporal punishment for unlawful assault

Choose the correct alternative: On the Isle of Man, judicial corporal punishment is inflicted On the Isle of Man, judicial corporal punishment is inflicted A) once a year A) once a year B) in very few cases, if at all, each year B) in very few cases, if at all, each year C) for all crimes of violence C) for all crimes of violence D) between 35 and 65 times a year D) between 35 and 65 times a year

Write a summary of sections 2 and 3 Read sections 2 and 3 carefully and identify the main points Read sections 2 and 3 carefully and identify the main points Make sure you understand the main points Make sure you understand the main points For each group of main points, ask a question For each group of main points, ask a question Write the answers to your questions in note form Write the answers to your questions in note form

Summary Include only the main points Include only the main points Use your own words Use your own words Cut out all words which are not necessary to the meaning Cut out all words which are not necessary to the meaning

Reasons for sentencing: D1 Which phrase on the right completes each of the four sentences beginning on the left ? (p. 156) A The use of capital punishment for murder was abolished… A The use of capital punishment for murder was abolished… B) Parliament passed a law to reintroduce capital punishment for the murder of police officers… B) Parliament passed a law to reintroduce capital punishment for the murder of police officers… C) The infliction of capital punishment was restricted to crimes of terrorism.. C) The infliction of capital punishment was restricted to crimes of terrorism.. D) The government passed a resolution to retain capital punishment for serious crimes of violence… D) The government passed a resolution to retain capital punishment for serious crimes of violence…

Aims of sentencing Punishment – to punish the offender Punishment – to punish the offender Deterrence – Deterrence – Rehabilitation – Rehabilitation – Protection – Protection – Other – say what Other – say what

Sentencing of offenders Which forms of punishment do you think are effective deterrents? Which forms of punishment do you think are effective deterrents? Which punishments can help to rehabilitate the offender? Which punishments can help to rehabilitate the offender? What are the main aims of the penal system in your country? What are the main aims of the penal system in your country? Is corporal punishment an effective deterrent? Is corporal punishment an effective deterrent?