Professional Documents
Culture Documents
Knowledge Planner
1
Topic Page Number/s
Law Defined 3
Protection for Human Rights 4
Role of the Police 5
Role of the Judiciary 6
Criminal and Civil Law 7
Courts 8
Crimes and Punishments 9
Types of Sentences 10
Youth Offenders 11 & 12
Citizens & The Law 13
International Law 14
2
Key Words: Universal Declaration of Human Human Rights Act (1998) - a UK law
Citizenship: where an individual is Rights (UDHR) (1948) set out, for the first passed in 1998. It means that you can
fully recognized by a state as being time, basic human rights to be universally defend your rights in the UK courts and
a member of that state. protected e.g. rights everyone in the world is that public organisations (including the
Human Rights: basic rights and entitled to and rights that should be protected Government, the Police and local
freedoms all humans are entitles to. worldwide. There are 30 ‘articles’ – each states a councils) must treat everyone equally,
Since WWII these have been written right every human is entitled too e.g. The right to
with fairness, dignity and respect.
into a large number of international life, the right to a fair trial, the right to an
charters. education etc.
European Convention on Human 3 main effects:
Civil Liberties: rights and freedoms
that protect and individual citizen from Rights (1950) a treaty that was drafted in
1950. Each of the numbered “articles” 1. Incorporates the rights set out in
the state. Civil liberties set limits on
protects a basic human right. They allow the European Convention on Human
what a government can do so it cannot
people to lead free and dignified lives. 47 Rights so if your human rights are
abuse its powers or interfere too much
states, including the UK, have signed up. breached you can take your case to
in the lives of private citizens.
That means that the UK commits to a British court rather than having to
Duties (Responsibilities): as well as
protecting the Convention rights. If a go to the European Court of Human
being give rights as a citizen, states
person’s rights are being breached, and they Rights (ECHR) in Strasbourg, France.
expects citizens to perform certain
can’t get a solution in the UK under the 2. It requires all public bodies (courts,
duties e.g. follow laws, in time of war a
Human Rights Act, the Convention lets them police, state schools, hospitals, local
nation may recruit citizens into the
take their case to the European Court of councils) to respect and protect your
armed forces.
Human Rights (ECHR). Note: the ECHR is human rights.
not part of the European Union (EU) – so 3. Parliament will try and make sure
AMNESTY INTERNATIONAL even if we left the EU we would still be new laws are compatible (matched)
A pressure group, started by a UK lawyer, covered by ECHR decisions. with the rights set out in the
who campaign for human rights – they aim European Convention on Human
to ensure everyone has the human rights
Getting the Balance Right:
Rights..
they’re entitled to and highlight abuses to Needs to be a balance between the power of
human rights happening in the world. the state and the right and duties of its citizens
– recent issues: UN Convention on the Rights of the
They campaign to end the use of the death
penalty and to hold governments to 1. UK police have ‘stop and search’ powers Child (1990) 54 articles that cover all
account where there is but many ethnic minorities complain they aspects of a child’s life and set out the
inequality/discrimination are stopped far more than other groups. civil, political, economic, social and
2. After recent terror attacks new security cultural rights that all children
measures introduced at airports. everywhere are entitled to in order to
3. Should people who receive benefits should survive, grow, participate and reach
Liberty – a UK based pressure group have to work or community tasks in their potential.
campaigning about civil rights in the UK. return?
Keywords: UK Legal System = Innocent Rule of Law
Justice: A behaviour or treatment that is
morally fair. Different countries can have Until Proven Guilty. • Laws are clear in their purpose
different opinions about what justice is. • Laws are applied equally and fairly
Fairness: treating people equally and • You cannot be charged for something that
according to the circumstances. If a person comes before a is now an offence but wasn’t when you
committed it
Discrimination: treating a person or
group of people unfairly on the basis of court it is up to the state to • There is a due legal process e.g. crimes are
investigated, a fair trial is undertaken, legal
their sex, gender, race, age etc.
The Equality & Human Rights
prove they are guilty – beyond rights of the person are respected etc.
Commission: an independent reasonable doubt. Local v Global Rights
organisation set up to help end Different societies/cultures/countries have
discrimination, reduce inequality and differing views on some legal issues e.g. death
protect human rights.
State: this is the Government.
Everyone is treated equally penalty was abolished in the UK but still legal
in other countries, UK has very tight control on
Law: a rule, usually made by a under the law. gun ownership but in USA it is fairly easy to get
government, that is used to order the a gun and there is a high death rate from gun
way in which a society behaves. violence.
The Equality & Human Rights Commission
(EHCR): Equality Act 2010
The Equality Act 2010 legally protects people from discrimination in the
The Equality and Human Rights Commission (EHRC) workplace and in wider society. It replaced previous anti-discrimination
monitors human rights, protecting equality across 9 laws with a single Act, making the law easier to understand.
categories - age, disability, gender, race, religion and
belief, pregnancy and maternity, marriage and civil It is against the law to discriminate against anyone because of:
partnership, sexual orientation and gender
reassignment. As well as explaining the law, the EHRC • age
can enforce it. EHRC has written a set of guidance to • being or becoming a transsexual person
ensure the Equality Act is applied successfully. • being married or in a civil partnership
• being pregnant or on maternity leave
Enforcement of the Equality ACT: • disability
Under the Equality Act people are not allowed to • race including colour, nationality, ethnic or national origin
discriminate, harass or victimise another person because • religion, belief or lack of religion/belief
they have any of the protected characteristics. The EHRC’s • sex
powers include helping individual people with their legal • sexual orientation
cases; and taking action against organisations that appear
to have broken the law. These are called ‘protected characteristics’. 4
Key Words: Universal Declaration of Human Human Rights Act (1998) - a UK law
Rights (UDHR) (1948) passed in 1998. It means that you can
Human Rights: basic rights and freedoms Set out, for the first time, basic human rights to be defend your rights in the UK courts and
all humans are entitles to. Since WWII universally protected e.g. rights everyone in the that public organisations (including the
these have been written into a large world is entitled to and rights that should be Government, the Police and local
number of international charters. protected worldwide. There are 30 ‘articles’ – each
Civil Liberties: rights and freedoms that
councils) must treat everyone equally,
states a right every human is entitled too e.g. The
protect and individual citizen from the right to life, the right to a fair trial, the right to an with fairness, dignity and respect.
state. Civil liberties set limits on what a education etc.
government can do so it cannot abuse its 3 main effects:
powers or interfere too much in the lives
of private citizens. European Convention on Human
1. Incorporates the rights set out in
Duties (Responsibilities): as well as being Rights (1950): a treaty that was drafted in the European Convention on Human
give rights as a citizen, states expects 1950. Each of the numbered “articles” protects a
basic human right. They allow people to lead free
Rights so if your human rights are
citizens to perform certain duties e.g. breached you can take your case to
follow laws, in time of war a nation may and dignified lives. 47 states, including the UK,
have signed up. That means that the UK commits a British court rather than having to
recruit citizens into the armed forces. go to the European Court of Human
to protecting the Convention rights. If a person’s
International Criminal Court: set up in
rights are being breached, and they can’t get a Rights (ECHR) in Strasbourg, France.
1998 to try persons accused of ‘crimes
solution in the UK under the Human Rights Act, 2. It requires all public bodies (courts,
against humanity’ or war crimes. 120 the Convention lets them take their case to the
nations agreed to work with the court. police, state schools, hospitals, local
European Court of Human Rights (ECHR). Note: councils) to respect and protect your
European Arrest Warrant: allows a the ECHR is not part of the European Union
police force in one country to ask a police human rights.
(EU) – so even if we left the EU we would still be
force to arrest someone in another 3. Parliament will try and make sure
covered by ECHR decisions.
country. This has brought many criminals new laws are compatible (matched)
to justice. with the rights set out in the
Getting the Balance Right: European Convention on Human
Magna Carta Rights.
Needs to be a balance between the power of
the state and the right and duties of its citizens UN Convention on the Rights of the
Known as the Great Charter, signed by King
– recent issues: Child (1990)
John in 1215. This was the first time basic 1. UK police have ‘stop and search’ powers
legal rights were developed: but many ethnic minorities complain they 54 articles that cover all aspects of a
are stopped far more than other groups. child’s life and set out the civil, political,
• The right to a free trial 2. After recent terror attacks new security economic, social and cultural rights that
• The use of juries measures introduced at airports.
all children everywhere are entitled to in
• Not being arrested without reason 3. Should people who receive benefits have
order to survive, grow, participate and
to work or community tasks in return?
reach their potential. 4
Key Words:
Decision Defendant found liable in regard to the issue. Defendant is convicted if found guilty or acquitted if
found not guilty
Proof required Evidence must be provided that supports the claim Beyond reasonable doubt
being made.
Burden of proof The claimant must give the proof to support their The accused is innocent until proven guilty. The
claim. prosecution must prove their case; the accused does not
have to prove their innocence.
Punishment Damages, compensation or an injunction (an order to Non-custodial or custodial sentence if found guilty.
stop taking an action)
Appeal Either party can appeal a court’s decision. Defendant may appeal against a court’s verdict in regard
to either the verdict or the sentence.
Law based on judges rulings in court. 13 Work, within certain restrictions e.g. number of hours worked.
Common law develops over time to 14 Go into a pub, but you cannot drink or buy alcohol.
deal with ever-changing situations in 16 Hold a licence for a moped.
society. Judges create Common Law Drink wine/beer with a meal in a restaurant.
Get married with parent’s consent.
by giving a written judgement about Buy a lottery ticket.
the case before them. Choose your own doctor.
Statute Law or Legislation: 17 Hold a licence to drive any vehicle except HGVs.
12
Key Words: Jury Service
Jury Service: citizens may be asked to serve • Groups of 12 citizens selected from the local electoral register.
on a jury – this is part of their civic duty. • They will hear a case in the a court in the area they are from e.g. Portsmouth Crown
Twelve people serve on a jury. They are Court.
selected at random from the register of • They decide together on the verdict of the case (innocent or guilty) based on the facts
voters (electoral roll). and evidence they hear or are shown.
• The judge will help guide them.
Neighbourhood Watch: a voluntary scheme • Juries normally have to reach a unanimous verdict (everyone has to agree) but
in which people in a community work with sometimes they are allowed to reach a majority verdict where one or two jurors
police to try and help reduce the crime in that disagree with the decision.
area. • 178,000 people each year are called for Jury service.
Witness to Crime: a witness will make a • Lawyers in court can object to an individual being on the jury.
statement about their version of events. This • If you do not turn up for jury service you are fined £1000
contributes to the process of justice as the • You CANNOT serve on a jury if: you are under 18, over 75, have a criminal record or are
evidence can be used to help decide if on bail, do not have citizenship in the UK or have not lived in the UK long enough.
someone is innocent or guilty. A witness may • You can claim expenses and for loss of earnings.
be asked to attend court to go over their
account of what they saw. Tribunal
Victim of Crime: the person who has been Citizens can apply to become members of official tribunals which deal with specific
affected by the crime/reports the crime to the complaints and issues e.g. employment issues or school admissions.
police. May appear in court to give evidence.
Magistrate: ordinary citizens who volunteer Magistrates Police & Crime Commissioners
to become magistrates – they receive training
• Also known as JPs or Justices of the Peace. Created by Conservative government in 2010.
to do this. They sit with other magistrates in a
They are citizens from the local First appointments were in 2012. Each
Magistrates Court and decide the outcome of community who volunteer to manage regional police force has a Police and Crime
cases. justice in their local Magistrates’ Court. Commissioner who are elected by citizens in
Tribunal: a special type of court set up They do not have to have a legal the area. Turnout for these elections was
to settle certain types of dispute e.g. if you background as they will get training. only 15% on average. Political candidates
• There are usually 3 Magistrates who sit as stood for election to these roles across the
have a dispute with your employer such as country. Their role includes:
unfair dismissal you can go to an employment a ‘bench’ to hear case. All criminal cases
• Meeting the public to listen to their views
start in Magistrates’ Court – serious cases
tribunal. on policing.
are passed up to the Crown Court.
Special Constable: a volunteer who works • They can give out fines up to £5000 per
• Produce a police and crime plan for the
with and supports their local police. They area they represent.
offence, give community orders or send • Decide how the police budget should be
volunteer for a minimum of 4 hours per an offender to prison for six months or spent in their area. 13
week. They have a period of training and twelve months for more than one crime. • Appoint the Chief Constable for their area.
have the same powers as regular police
Key Words: Hague Convention & Geneva Convention
Geneva Convention: the most important • Last 150 years there have been international agreements that countries have been able
conventions relating to how civilians and others to sign up to on international humanitarian laws and conflicts.
should be treated during times of war. • 2 most important examples of International Humanitarian Law (IHL) are the Geneva
Hague Convention: deals with the rules on the Convention & Hague Convention.
conduct of war. • The Hague Convention deals mainly with conduct during warfare.
International Criminal Court: set up in 1998 to • The Geneva Convention deals more with the protection of civilians during armed
try persons for crimes against humanity or war conflicts.
crimes. 120 nations agreed to work with the • The International Committee of the Red Cross are seen as the ‘guardians of the
court. Geneva Convention’.
International Humanitarian Law (IHL): law
associated with international disputes and the Aims of IHL
conduct of war and people affected by war. • protect innocent people not involved in the conflict – sick, wounded, prisoners,
War Crimes: crimes committed against an enemy, civilians.
prisoner of war or civilian that go against • set out the rules and responsibilities of those involved in armed conflict.
international agreements of what is acceptable
during war or, as in the case of genocide, is an In 1998. an international conference led to the International Criminal Court – an
offence against humanity. independent organisation based in The Hague in The Netherlands.
International Conflict: a conflict that involves at
least 2 states/countries in disagreement with each CASE STUDY: Genocide in Rwanda:
in 1994, Rwanda’s population of 7 million was made up of 3 Ithnic groups: Hutu (85%),
other.
Tutsi (14%) and Twa (1%). In the early 1990s, Hutu extremists blamed the whole Tutsi
Genocide: the deliberate killing of a large group population for the country’s social, economic and political problems.
of people – especially those of a particular nation
or ethnic group. In April 1994 a plane carrying the president, a Hutu, was shot down. This led to
Human Rights Abuses: actions taken that go violence and Hutu extremists started to massacre the Tutsi population. At the start of
against international agreements on human this genocide the leaders of the Tutsi were killed. Hutu extremists launched plans to
rights. destroy the entire Tutsi population. Political leaders who might have been able to take
charge of the situation and those against the Hutu extremist plans were killed
immediately. Tutsi and people suspected of being Tutsi were targeted. Entire families
were killed at a tie. Women were brutally raped. It is estimated that 200,000 people
took part in the Rwandan genocide. During the genocide, 800,000 men, women and
children were killed – as many as three quarters of the Tutsi population.
Initially the international community did nothing. In November 1994 the United
Nations Security Council established the International Criminal Tribunal for Rwanda
(ICTR) to hold those responsible for the genocide to account. This case highlighted
the need for an International Criminal Court for those accused of genocide, war14