The Law

–          Respecting the Law

• Everyone in the UK is expected to obey the law.
• The laws in the UK may differ from those in other countries.  This is not a reason to disobey UK laws.
• You should make sure that you know the laws that affect both your personal and your business affairs.

–          The Law in the UK

• Every person in the UK is treated equally under the law.  This means that the law is the same for everyone, no matter who they are or their country of origin.
• There are two types of laws:
  • Criminal law deals with crimes, which are usually investigated by the police.  Those who are found guilty of breaking the law are punished by the courts.
    • Examples of criminal laws are:
      • It is against the law to carry a weapon of any kind.
      • It is illegal to sell or buy drugs such as heroin, cocaine, or ecstasy.
      • It is illegal to harass, alarm or distress another person because of their religion or ethnic backgrounds.
      • It is against the law to sell tobacco products (cigarettes, cigars) to anyone under 18 years of age.
      • It is illegal to sell alcohol to anyone under the age of 18.  The one exception is that those age 16 and over may drink alcohol with a meal in a hotel or restaurant.
      • Note that this list does not include all crimes.  There are many others that apply in most countries, such as theft, assault, or murder.
      • You can find out more about types of crimes in the UK at www.gov.uk.
    • Civil law is used to settle individual, group, or business matters.
      • Examples of civil laws are:
        • Housing laws, such as disagreements between landlords and tenants.
        • Employment law, such as unfair wages or discrimination in the workplace.
        • Unpaid debt
• The Police
  • The job of the police is to:
    • Protect life and property
    • Prevent disturbances.  This is also known as keeping the peace.
    • Prevent and detect crime.  All people in the UK are expected to help the police in this effort.
    • Police in the UK are organized into separate groups or police forces headed by Chief Constables.  They are independent of the government.
    • In November 2012 the public in England and Wales elected Police and Crime Commissioners (PCCs).  These PCCs are responsible for delivering a well-organised police force that addresses the needs of the local community.  They set local police priorities and budgets. PCCs also appoint the local Chief Constable.
    • The police force protects everyone, regardless of their status or where they live.
    • Police officers must obey the law as well as enforce it.  They cannot misuse their authority, make false statements, or discriminate against anyone.  They are severely punished if they break these rules.
    • The police complaints system can address any wrongdoing by a police officer.  Anyone can make a complaint about an officer by doing one of the following:
      • Go to the police station and speak with the Chief Constable.
      • Write to the local Chief Constable.
      • Complaints may also be made to an independent body:
        • For the UK and Wales this group is the Independent Police Complaints Commission.
        • For Scotland, the group is the Police Complaints Commissioner.
        • For Northern Ireland, contact the Police Ombudsman.
    • The police are aided by police community support officers (PCSOs).  The duties of PCSOs may vary due to local needs, but they usually patrol the streets, work with the public, and assist police at crime scenes.
    • If you are arrested and taken to a police station, a police officer will tell you the reason for your arrest.  You will also have the opportunity to seek legal advice.

–          Terrorism and extremism

• The UK faces a number of terrorist threats.  The most severe of these are from Al Qa’ida, its associates and other like-minded groups.
• The UK also faces Northern Ireland related terrorism.
• Evidence shows that these groups have little public appeal or support..
• If you think someone is trying to persuade you to join an extremist or terrorist group, you should notify your local police force.

 

The Role of the Courts

–          The Judiciary

• As a group judges are called the judiciary.  Judges are responsible for interpreting the law and making sure that trials are fair.
• The government cannot interfere with the judiciary.  If the actions of the government are found to be illegal by the judiciary, the government must either change its policies or ask Parliament to change the law.
• If judges find that a public body is not respecting someone’s legal rights, they can order that body to change its practices and/or pay compensation.
• Judges also make decisions in other types of disputes such as disagreements about contracts or property.

–          Criminal Courts

• There are differences in the court systems in England and Wales, Scotland and Northern Ireland.
  • Minor criminal cases:
    • In England, Wales and Northern Ireland, most minor criminal cases are assigned to a Magistrates’ Court.
    • In Scotland these crimes are assigned to a Justice of the Peace Court.
    • Magistrates and Justices of the Peace (JPs) are members of the local community.
      • In England, Wales and Scotland they are usually unpaid and do not need special legal qualifications.  They receive training on the job and are supported by a legal advisor.
      • Magistrates decide the verdict in each case that they preside over.  If the person is found guilty, the magistrate decides the sentence or punishment that they are given.
      • In Northern Ireland cases are heard by a District Judge or a Deputy District Judge.  These judges have special legal training and are paid.
    • Serious offences:
      • In England, Wales and Northern Ireland serious offences are tried in front of a judge and a jury in a Crown Court.
      • In Scotland serious cases are heard in a Sheriff Court with either a sheriff or a sheriff and jury.  The most serious cases in Scotland, such as murder, are tried in a High Court with a judge and a jury.
      • A jury is made up of members of the public chosen at random from the local electoral register.
        • In England, Wales and Northern Ireland a jury has 12 members.
        • In Scotland a jury has 15 members.
        • Everyone who is summoned to participate on a jury must do so unless they are excused.
        • The jury has to listen to the evidence presented at the trial and vote on a verdict of guilty or not guilty.  In Scotland a third verdict of “not proven” is also possible.
        • If a jury finds a person guilty, the judge will decide on the penalty.
    • Youth courts
      • In England, Wales and Northern Ireland, if the accused person is aged 10 – 17, the case is heard in a special Youth Court.  These courts have up to three specially trained magistrates or a District Judge.
      • The most serious youth cases will go to the Crown Court.
      • The parents or guardians of the defendant are expected to attend the trial.  Members of the public are not allowed to attend.
      • The name or photographs of the accused youth cannot be published in newspapers or the media.
      • In Scotland, the Children’s Hearings System is used to deal with children and youths who have committed a crime.
      • Northern Ireland has an organization of youth conferencing to consider how a child should be handled when they have committed a crime.

–          Civil Courts

• County Courts
  • County Courts deal with a broad variety of civil disputes.  These may include:
    • Family matters
    • Breach of contract
    • Personal injury
    • Divorce
    • In Scotland most of these matters are handled in the Sherriff Court.
    • More serious cases are dealt with in a different manner:
      • In England, Wales and Northern Ireland these cases are handled by the High Court.
      • In Scotland they are handled by the Court of Session in Edinburgh.
• The Small Claims Procedure
  • The Small Claims Procedure is a way to help people settle minor disagreements.
  • These are used for claims of less than ₤5,000 in England and Wales and ₤3,000 in Scotland and Northern Ireland.
  • You do not need to have a lawyer for this type of case.  The hearing is held in an ordinary room.  The judge and people from both sides sit around a table.
  • Small claims can also be issued through Money Claims Online at www.moneyclaim.gov.uk.
  • More details about the small claims procedure can be found at your local County Court or Sheriff Court.  To find your local court:
    • In England and Wales, visit www.gov.uk.
    • In Scotland, visit www.scotcourts.gov.uk
    • In Northern Ireland, visit www.courtsni.gov.uk.

–          Legal Advice

• Solicitors
  • Solicitors are trained lawyers who:
    • Give advice on legal matters
    • Take action for their clients
    • Represent their clients in court
    • Solicitors usually specialize in a particular type of law.  It is important to make sure that the solicitor you hire specializes in the type of law you need help with.
    • There are several ways to find a solicitor:
      • Many advertise in local newspapers and in Yellow Pages.
      • The Citizens Advice Bureau at www.citizensadvice.org.uk can give you names of local solicitors and their area of specialization.
      • The Law Society gives much the same information as the Citizens Advice Bureau.
        • In England and Wales: The Law Society  www.lawsociety.org.uk
        • In Scotland: The Law Society of Scotland www.lawscot.uk
        • In Northern Ireland: The Law Society of Northern Ireland www.lawsoc-ni.org
      • Solicitors’ fees are usually based on the amount of time they spend working on a case.  It is very important to find out at the beginning how much a case is likely to cost.