LAW ENFORCEMENTLAW ENFORCEMENT The Legal systemThe Legal system The law is one of the most traditional areas of The law is one of the most traditional areas of

national life and the legal profession has national life and the legal profession has jealously protected its position against outside jealously protected its position against outside attack. attack.

- Its main virtue is its independence from the - Its main virtue is its independence from the

system of government and as such, a safeguard system of government and as such, a safeguard of civil liberties.of civil liberties.

- its main vice lies in its resistance to reform, - its main vice lies in its resistance to reform, and the maintenance of its own privileges and the maintenance of its own privileges which may be contrary to public interest.which may be contrary to public interest.

1.1. England and WalesEngland and Wales the legal system for England and Wales does not the legal system for England and Wales does not

have a criminal or civil code, but is founded upon have a criminal or civil code, but is founded upon two basic elements: two basic elements:

- Acts of Parliament or statute law- Acts of Parliament or statute law - Common law (which is the outcome of past - Common law (which is the outcome of past

decisions and practices based upon custom and decisions and practices based upon custom and reason)reason)

Common law has slowly built up since Anglo-Saxon Common law has slowly built up since Anglo-Saxon times 1000 years ago, while Parliament has been times 1000 years ago, while Parliament has been enacting statutes since the 13enacting statutes since the 13thth century century

All criminal law is set out in Acts of Parliament, while All criminal law is set out in Acts of Parliament, while the greater part of civil law depends upon the greater part of civil law depends upon common law.common law.

European Community law also applies European Community law also applies to Britain by virtue of its membership to Britain by virtue of its membership of the European Union and it takes of the European Union and it takes precedence over domestic law.precedence over domestic law.

In 1997, Britain finally took steps to In 1997, Britain finally took steps to incorporate the European Convention incorporate the European Convention on Human Rights into domestic lawon Human Rights into domestic law

TYPES OF COURTTYPES OF COURTCIVIL CRIMINAL

House of Lords Court of Appeal (Civil Division)

House of Lords Court of Appeal(Criminal Division)

High CourtChanceryFamilyQueen’s Bench

Country Court Crown CourtMagistrates’ Court(Juvenile Court)

Composition of JudiciaryComposition of Judiciary

category men women Ethnicminorities

Law Lords 12 0 0

Appeal Court judges 31 1 0

High Court judges 97 7 0

Circuit judges 512 30 5

2. 2. ScotlandScotland

The Scottish legal system is similar to The Scottish legal system is similar to the English one, but is more the English one, but is more influenced by Roman law, like other influenced by Roman law, like other systems in Europe.systems in Europe.

Its main courts are Its main courts are - the Sheriff’s Courts (like Crown the Sheriff’s Courts (like Crown

Courts) for civil and criminal cases,Courts) for civil and criminal cases,- The Court of Session for civil cases. The Court of Session for civil cases.

The Court of Session is divided into:The Court of Session is divided into:- Outer HouseOuter House (a court of first instance) (a court of first instance)- Inner HouseInner House (a court of Appeal), has 2 (a court of Appeal), has 2

divisions of 4 judges respectively,divisions of 4 judges respectively,

* 1 under the direction of the Lord * 1 under the direction of the Lord

President, President,

* 3 under the direction of the Lord * 3 under the direction of the Lord

Justice ClerkJustice Clerk

Less serious cases are tried in the Sheriff’s Less serious cases are tried in the Sheriff’s Courts (like Crown Courts) and District Courts (like Crown Courts) and District CourtsCourts

More serious cases go to the High Court of More serious cases go to the High Court of Justiciary.Justiciary.

Juries are made up of 15 rather than 12 Juries are made up of 15 rather than 12 citizens.citizens.

Minor offences are dealt with in District Minor offences are dealt with in District Courts (the equivalent of Magistrates’ Courts (the equivalent of Magistrates’ Courts).Courts).

The senior law officer in the High Court of The senior law officer in the High Court of Justiciary and in all Scotland is the Justiciary and in all Scotland is the Lord Lord Justice GeneralJustice General, and the second rank is , and the second rank is the the Lord Justice ClerkLord Justice Clerk..

The Crime and the PoliceThe Crime and the Police1. The crime 1. The crime The initial decision to bring a criminal The initial decision to bring a criminal

charge normally lies with the police, but charge normally lies with the police, but since 1986 a Crown Prosecution Service since 1986 a Crown Prosecution Service (CPS) has examined the evidence on (CPS) has examined the evidence on which the police have charged a suspect which the police have charged a suspect to decide whether the case should go to to decide whether the case should go to Court.Court.

A Court normally consists of 3 lay A Court normally consists of 3 lay magistrates who are advised on points of magistrates who are advised on points of law by a legally qualified clerk. law by a legally qualified clerk.

A Crown Court is presided over by a judge, A Crown Court is presided over by a judge, but a verdict is reached by a jury of 12 but a verdict is reached by a jury of 12 citizens, randomly selected from the local citizens, randomly selected from the local electoral rolls.electoral rolls.

The judge must make sure that the trial is The judge must make sure that the trial is properly conducted, that the ‘counsels’ properly conducted, that the ‘counsels’ (barristers) for the prosecution and (barristers) for the prosecution and defence comply with the rules regarding defence comply with the rules regarding the evidence that they produce and the the evidence that they produce and the examination of witnesses, and that the examination of witnesses, and that the jury are helped to reach their decision by jury are helped to reach their decision by the judge’s summary of the evidence in a the judge’s summary of the evidence in a way which indicates the relevant points of way which indicates the relevant points of law and the critical issues on which they law and the critical issues on which they must decide in order to reach a verdict. must decide in order to reach a verdict.

Like Parliament, Crown Courts are Like Parliament, Crown Courts are adversarial, contests between 2 opposing adversarial, contests between 2 opposing parties.parties.

Neither the prosecution nor defence counsel Neither the prosecution nor defence counsel is concerned to establish the whole truth is concerned to establish the whole truth about the accused person.about the accused person.

Both may well wish to avoid aspects which Both may well wish to avoid aspects which weaken their case that the accused person weaken their case that the accused person is either guilty beyond reasonable doubt or is either guilty beyond reasonable doubt or that sufficient reasonable doubt exists for that sufficient reasonable doubt exists for that person to declare ‘not guilty’.that person to declare ‘not guilty’.

A person convicted in a magistrates’ court A person convicted in a magistrates’ court may appeal against its decision to the may appeal against its decision to the Crown Court.Crown Court.

An appeal against a decision to the Crown An appeal against a decision to the Crown Court may be taken to the Court of Appeal Court may be taken to the Court of Appeal (Criminal Division), but it is seldom (Criminal Division), but it is seldom successful.successful.

The Court of Appeal dislikes overturning a The Court of Appeal dislikes overturning a Crown Court decision unless the evidence Crown Court decision unless the evidence is overwhelming or there has been some is overwhelming or there has been some error of legal procedure.error of legal procedure.

The highest court in the land is the The highest court in the land is the House of Lords, which will consider a House of Lords, which will consider a case referred from the Court of case referred from the Court of Appeal where a point of general Appeal where a point of general public importance seems to be at public importance seems to be at stake.stake.

In practice the Lords are represented In practice the Lords are represented by five or more of the nine Law by five or more of the nine Law Lords.Lords.

2. The Police2. The PoliceThe British police force was a source of great The British police force was a source of great

pride (20 years ago). “What’s gone wrong pride (20 years ago). “What’s gone wrong with the Police?” (in early 1990).with the Police?” (in early 1990).

It referred to the frequency of scandals It referred to the frequency of scandals during the 1980s involving the police, during the 1980s involving the police, concerning the excessive use of violence concerning the excessive use of violence to maintain public order (Brixton riots to maintain public order (Brixton riots 1981, the miners’ strike 1984-85, the 1981, the miners’ strike 1984-85, the Wapping strike 1986, the anti-poll tax riots Wapping strike 1986, the anti-poll tax riots 1990); violence in the questioning of 1990); violence in the questioning of suspects (particularly, but not exclusively, suspects (particularly, but not exclusively, in connection with Northern Ireland); etc. in connection with Northern Ireland); etc.

Unlike the Police in almost every other Unlike the Police in almost every other countries, the British police officers countries, the British police officers enjoyed a trusted, respected, and friendly enjoyed a trusted, respected, and friendly relationship with the public.relationship with the public.

The ‘bobbies on the beat’ made it their The ‘bobbies on the beat’ made it their business to learn about their business to learn about their neighbourhood.neighbourhood.

This was probably a rosy, idealized view of This was probably a rosy, idealized view of the police, but it was a genuine source of the police, but it was a genuine source of pride that almost alone in the police world, pride that almost alone in the police world, the British bobby was the British bobby was unarmedunarmed. .

As Ralf Dahrendorf says, “It is hard to As Ralf Dahrendorf says, “It is hard to exaggerate the significance of the exaggerate the significance of the fact that the British police did not, fact that the British police did not, and very largely do not, carry and very largely do not, carry weapons.”weapons.”

The British police are probably still The British police are probably still among the finest in the world, but among the finest in the world, but clearly there are serious and growing clearly there are serious and growing problems.problems.

At the end of 1980s reported that one At the end of 1980s reported that one in 5 people believed the Police used in 5 people believed the Police used unnecessary force on arrest, falsified unnecessary force on arrest, falsified statements, planted evidence and statements, planted evidence and used violence in police stations.used violence in police stations.

Until 1987 the police investigated Until 1987 the police investigated alleged police malpractice alleged police malpractice themselves. And many people themselves. And many people believed that police malfeasance is believed that police malfeasance is more widespread than the statistics more widespread than the statistics would suggest. would suggest.

As the challenges of modern society As the challenges of modern society became more complex, the response of became more complex, the response of the Conservative government was to give the Conservative government was to give the police more manpower and more the police more manpower and more money.money.

However, there is no indication these extra However, there is no indication these extra resources had any effect at all on recorded resources had any effect at all on recorded offences which rose in England and Wales.offences which rose in England and Wales.

* in other words, the steepest increase in * in other words, the steepest increase in crime coincided with the greatest increase crime coincided with the greatest increase in crime prevention expenditure.in crime prevention expenditure.

LEGAL PROFESSIONLEGAL PROFESSION Traditionally the legal profession has been Traditionally the legal profession has been

divided into two distinct practices, each divided into two distinct practices, each with entrenched rights:with entrenched rights:

- only solicitors may deal directly with the - only solicitors may deal directly with the public, andpublic, and - only barristers (professional advocates) - only barristers (professional advocates) may fight a case in the higher courts may fight a case in the higher courts (Crown Courts and the High Court).(Crown Courts and the High Court).

Both have maintained their own self-Both have maintained their own self-regulating bodies, the Law Society for regulating bodies, the Law Society for solicitors and the Bar for barristers.solicitors and the Bar for barristers.

A member of the public dissatisfied A member of the public dissatisfied with the services of a solicitor may with the services of a solicitor may complain to the Law Society, but this complain to the Law Society, but this does not often take action against its does not often take action against its own members except in the case of own members except in the case of some gross offence or negligence.some gross offence or negligence.

The Law Society has often infuriated The Law Society has often infuriated members of the public by advising members of the public by advising them to take their complaint to them to take their complaint to another solicitor.another solicitor.

Theoretically, the barristers are the senior branch Theoretically, the barristers are the senior branch of legal profession.of legal profession.

They are able to reach the top of the profession, a They are able to reach the top of the profession, a High Court judgeship.High Court judgeship.

To become a barrister, a candidate must obtain To become a barrister, a candidate must obtain entrance to one of the 4 Inns of Court, law entrance to one of the 4 Inns of Court, law colleges which date from the middle ages, colleges which date from the middle ages, complete the legal training and pass the Bar complete the legal training and pass the Bar examination.examination.

A newly qualified barrister will enter the ‘chamber’ A newly qualified barrister will enter the ‘chamber’ of an established one, and slowly build up of an established one, and slowly build up experience and a reputation as an effective experience and a reputation as an effective advocate in the higher courts.advocate in the higher courts.

Exercises Exercises 1.1. Discuss about the court system in Discuss about the court system in

England and Wales is organized.England and Wales is organized.

2.2. Discuss about the role of the police in Discuss about the role of the police in law enforcement.law enforcement.

3.3. How does the British way of treating How does the British way of treating offenders differ from treatment in our offenders differ from treatment in our country?country?

4.4. Do you think that a relatively small legal Do you think that a relatively small legal profession, as in Britain, is desirable? profession, as in Britain, is desirable? Discuss!Discuss!

5.5. What are the two basic sources of What are the two basic sources of English Law? Explain.English Law? Explain.