Actus reus

Scottish independence, you decide

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The Scottish Referendum - What is it all about?

So, what is going on in Scotland?

Exciting news - We're in the Bar Mock Trial Competition

JCC Legal Society 2014

Comparing delegated legislation to parliamentary law making

We know that there are different types of law making which are used for different purposes. But how are primary and secondary legislation similar in certain aspects? How are they different?

Speed

Delegated legislation can be made very quickly and taken away very quickly, whereas Parliamentary laws have to go through the whole process in both houses and gain royal assent before they come into force.

Flexibility

Delegated legislation can be taken away with immediate effect, where as it required another act of Parliament to get rid of an act. Delegated legislation can also be declared void by judges at Judicial review if it was ‘ultra vires’, meaning beyond the powers or was unreasonable, whereas the courts cannot question a parliamentary law.

Knowledge

Parliament makes laws on a very wide range of issues and, understandably, MP’s and Peers will not know in depth knowledge about every issue which comes before it. Local Councils will have very good local knowledge when it comes to making Bylaws in their area. Equally, individual ministers will have an in depth knowledge when it comes to making statutory instruments in their field of expertise.

Democracy

The House of Commons is the most powerful part of Parliament because the members are elected by the public. Most bills are started here and that means the Parliamentary law making process is democratic. Delegated legislation on the other hand is often made by people who are not elected, for example bylaws made by public corporations. Also, there is often the issue that ministers making statutory instruments sub-delegate their responsibility to civil servants, who also are not elected.

What is murder?

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Judicial precedent - an overview

Criminal courts and lay people - an overview

Criminal courts, appeal courts and classification of offences

·         100% of criminal cases start in the magistrates court

·         Magistrates deal with things like bail and legal aid

·         If the case is triable either way then it will take place in the Crown court with a judge and a jury

·         If defendant wishes to appeal he would appeal to Court of Appeal

·         Can appeal against conviction and sentence

OR

·         Can also appeal to the Queen’s Bench Divisional Court of the High court on a point of law

·         Final appeal is to the Supreme court

Role and powers of lay magistrates

·         Adult court – deal with criminal cases for ages 18+

·         Youth court – hear cases for people ages 10-17

·         Decide on guilt and sentence

·         Deal with bail applications and conditions for bail

·         Deal with transfer hearings

Advantages of lay magistrates

	Advantage
Cross section of society	Involves members of community and wide section of society than professional judges 49% of magistrates are women
Local knowledge	They know about local events, patterns of crime and local people’s opinions
Cost	Cheaper to have unpaid magistrate Cost of unpaid magistrate is £52.10 per hour and is cheaper than a District judge which is £61.78
Few appeals	Few defendants appeal and those that do against are sentenced not guilty Saves time

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