Impact of Legislation on Individuals and Communities

The provided assignment discusses the impact of various legislations on individuals and communities. It highlights the significance of laws such as the Children Act 1989, Crime & Disorder Act 1998, and Criminal Justice legislation 2003 in shaping societal dynamics. The report concludes that these laws have a profound effect on the well-being of children, juvenile justice, and community safety.

Research Project
(Criminal and Youth Justice - The legal Framework)

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
LO 2.................................................................................................................................................1
2.1 Differences between sentences in Magistrates and Crown Courts...................................1
2.2 Evaluation of effectiveness of three types of sentences...................................................2
2.3 Discussing current sentencing tariff.................................................................................3
2.4 Discussion of differences among Youth and Adult Sentencing options..........................4
LO 3.................................................................................................................................................5
3.1 Analysis of different key justice legislations....................................................................5
3.2 Evaluation of the impact of legislations on individuals and communities.......................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Justice is being considered as a legal or philosophical theory through which fairness can
be administered (Aertsen, Daems and Robert, 2013). In law, sentence formulation can be taken
as a final declared act by a judge-ruled process as well as symbolic and important enactments
which stay connected with function related to guilty aspects. Report will include difference
among Magistrates and Crown Courts, types of sentences, current sentencing tariff and key
aspects related to justice of various legislations. Assessment will also put light over impact of
laws over individuals or on communities.
LO 2
2.1 Differences between sentences in Magistrates and Crown Courts
In every single year, criminal proceedings get commenced over two million civilians of
England and Wales. The court system in United Kingdom stays much complex where what type
of case is going to be heard in which tribunal brings confusion among people of UK. At initial
stage, people have to go through magistrate’s court and then if situation becomes decomposable
then a case reaches to Crown Court. Still if individual is not satisfied with the decision then
he/she can go to High Court. Apart from this, final stage is Supreme Court where the case
reaches for even clearer determination.
The Magistrate's Court
This type of court majorly deals with many offences that are small or minor in nature.
Magistrate Court delivers speedy proceedings in order to resolve the issues in an effective
manner (Bachman and Schutt, 2013). In United Kingdom, around 90% of the cases are being
covered by this court. Minor assaults, motoring offences and thievery are some of the examples
of cases that are being experienced by magistrate of court.
The Crown Court
This court includes cases of rape, robbery, murder and manslaughter. People who found
guilty for any serious offence are sent to Crown Court for further proceedings so that legal
hearing can be received after being accused in magistrate's court. After this, according to the law,
sentence are being given by panel of 12 jury members who are randomly chosen from public.
Differences among Sentences in Magistrates & Crown Court
Sentences in Magistrates Court Sentences in Crown Court
1

This court carries only a limited power of
sentencing with fines, short custodial,
chargeable offences and can sentenced with
imprisonment maximum of six months. Final
judgements that are being made by Magistrate
Court are kept with different charges under
various sections. £5,000 is the maximum fine
that they can be charged from individuals who
found guilty.
Crown Court has more power of sentencing
than Magistrates. Murder, robbery and rape are
some of the crimes which Crown Court has to
deal with. Person who found guilty can be sent
to imprisonment for life time and it also
depends on different sections and crimes as
well. 12 common people from public become
as Jury that go for further proceedings and give
their decisions depending on crime which have
been done by the criminal.
2.2 Evaluation of effectiveness of three types of sentences
Justice system of the United Kingdom has made ample number of sentences that may aid
Juries or Magistrates to make decisions as per the crime that have been done by an individual.
Some of the sentences in criminal justice are given beneath:
Discharge: - When court makes their decisions and finds out someone guilty but do not
take any action can be considered as sentenced to discharge. This type of sentence is given for
minor offences. These are of two types: Absolute discharge – No more action is taken by judiciary and guilty individual is set free
of any charges (Aertsen, Daems and Robert, 2013). Conditional discharge – Under this, person who was offended is not punished until and
unless he has not committed a crime in time duration of three years.
Effectiveness of Discharge: According to this element, it has been assessed that
probabilities of mistakes and errors are getting minimized because sentence of discharge aids in
clearing all the doubts about certain rules which are set by legal authority. However, main reason
behind discharge sentence is to convict the case due to which numerous persons are getting
affected. For an example: young people with the age in between 16 to 19 years commit a minor
offense like bullying. In this, Magistrates Court can relieve an individual (Bachman and Schutt,
2013).
Fine and compensation: - This is one of the most common statements which is majorly
given by Magistrates Court. Fine and compensation statement are given for crimes which are not
2

affecting community and are minor ones. Charges totally depend over the severity of crime that
has been committed by an offender.
Effectiveness of Fine and compensation: First or foremost advantage of this element is
that it protects an individual from legal formalities or any long term losses such as prison for
long duration and so on. Basically, penalty is charged by the judge for compensating any major
mistake. For example: now-a-days, minors are committing number of wrongful conssducts due
to which their life is getting fully affected (Goldson, 2013). Hence, for protecting individual’s
life, justice court are just asking for compensation either in monetary term or non-monetary.
Community sentence: - This is for the offences which are too serious for a discharge or a
fine to be imposed but not so serious that a custodial sentence must be imposed.
Effectiveness of Community sentence: Main effectiveness of this sentence is that it helps
in controlling criminal acts from overall society as it aids in promoting young generation towards
good deeds. There are a number of combinations of punishments that are being selected by court.
2.3 Discussing current sentencing tariff
As given under the British Law System, tariff is being considered as fine or punishment
that is being obligated over the individual who has committed a crime. In present context, some
of the current tariffs related to various crimes are given beneath:
Assault – Assault is being considered as an act where an offender attacks on someone
physically. Under British law, this can be taken as an illegal act where person who found guilty
can be imprisoned depending on the seriousness of the act. Under this act which is presented in
parliament, they have settled number of elements like guilty individual who has tried to kill
someone intentionally can get sentenced to imprison for up to 20 years which is the maximum
limit and he would also need to pay some penalties either in terms of monetary or non-monetary
value. On the other hand, if physical attack is done by a teenage or minor than he/she would have
taken in custody or may get sentenced to imprison for minimum of 6 months.
Kidnapping – Abduction of an individual against his/her will is being taken as an act of
kidnapping which is a serious crime in British Law System. If an offender founds guilty in this
act would be sentenced for imprisonment for around five years. Seriousness of kidnapping act
can help court to take decisions over offender. 5 and 20 years are two types of imprisonment
based punishment given if incident of kidnapping takes place (Bachman and Schutt, 2013).
3

Perjury – Perjury is being considered as an act related to conveying the false statement
orally or may be in a written statement. In the present context, if an individual is found guilty, he
can be imprisoned for 6 months which is minimum and 7 years is maximum limit. Under British
Law System, this time period is being set by judiciaries.
2.4 Discussion of differences among Youth and Adult Sentencing options
In modern scenario under British Law System, youth wrongdoers are not being treated in
the same way as adults do by court or by legal officers. Judiciaries have already made different
laws and legislations related to young ones. Youth or teenage comes under the age in between 10
to 17 years. Laws that are being made for youngsters are not much harsh as compared with adult
ones. This is being done so that their future may not get affected.
It is being analysed that there are ample number of differences present among Youth and
Adult Sentencing options and these are given as below:
Type of sentence Young sentencing Adult sentencing
Fine Juvenile majorly do not earn but study.
Therefore, judiciary of United
Kingdom has made a law where
parents or guardians are the one who
will pay set charges that have been
sentenced as per crime that has been
done (Fox and Albertson, 2011).
Under this, as compared to
youngsters, adults have to pay the
fine by themselves that court has
applied over the crime that was
done by full-grown offender.
Custodial
sentences
Juvenile is not majorly being
sentenced to custodial until and unless
a serious offence has not been done.
Detention and training centre are the
two places where young individuals
are being sent and taught related to
good deeds. This sentence is
mentioned under section 91 of Powers
of Criminal Courts Act, 2000.
Laws for adults are more inflexible
as compared to Young sentencing.
If offender is sentenced by court for
lifetime imprisonment then he/she
has to follow it without negotiating
over any decision that has been
made by Judiciary.
4

LO 3
3.1 Analysis of different key justice legislations
Criminal justice legislation – This act was made in the year 2003 by government of
United Kingdom. This act has helped in making provisions related to criminal justice that is
enclosed with handling down the wrongdoers depending over civil proceedings.
Key aspect: This legislation is enclosed with number of provisions which may aid
offender in protecting their own families.
Crime and disorder legislation – Parliament of UK made this act in the year 1998 to
prevent crime and disorders (Newburn, 2012). It was also made to reduce the number of thinkers
who kept thinking in their mind that a child may not do a crime intentionally.
Key aspect: This law has helped judiciaries to make two distinctive schemes related to
youth crime order i.e. child safety and parenting.
Child protection legislation – 1989 was the year when this legislation was made by
parliament of United Kingdom. It has been analysed that this provision comes under Children
Act, 1989.
Key aspect: Purpose of building up this law was that to ensure safety services which is
being provided to youngsters against violence, exploitation and abuse.
3.2 Evaluation of the impact of legislations on individuals and communities
Criminal justice legislation – Major impact of this legislation over individuals and
communities is that it may influence them as it is connected with punishments that have been
given with the help of convicts. It was done to defend interest of unfortunate people or the whole
bunch of individuals as a community (Criminal Justice Act 2003, 2012).
Crime and disorder legislation – In the last few years, this legislation has impacted
positively over parenting process where parents are continuously trying to learn good deeds and
do not make any sort of crime with intentions. It is being analysed that impact have influence
Juvenile, Parents and care takers (Bradshaw, 2016).
Child protection legislation – This act have brought up and impacted positively over
society and on individuals as well through building up affectivity and awareness related to
protection of children.
5

CONCLUSION
From the above report, it has been concluded that sentences along with laws which has
been made by Judiciary stay much different among juvenile and adults. Apart from this, British
Law System has made various legislations like Children Act, 1989, Crime & Disorder Act, 1998
along with Criminal Justice legislation, 2003 to deal with seriousness of crimes and to put a
pause over increasing number of criminal activities among individuals and communities.
6

REFERENCES
Books and Journals
Bachman, R. and Schutt, R. K., 2013. The practice of research in criminology and criminal
justice. Sage.
Aertsen, I., Daems, T. and Robert, L. eds., 2013. Institutionalizing restorative justice. Routledge.
Goldson, B., 2013. ‘Unsafe, unjust and harmful to wider society’: Grounds for raising the
minimum age of criminal responsibility in England and Wales. Youth justice. 13(2).
pp.111-130.
Fox, C. and Albertson, K., 2011. Payment by results and social impact bonds in the criminal
justice sector: New challenges for the concept of evidence-based policy?. Criminology &
Criminal Justice. 11(5). pp.395-413.
Newburn, T. ed., 2012. Handbook of policing. Routledge.
Bradshaw, J. ed., 2016. The Well-being of Children in the UK. Policy Press.
Browning, A. and Caulfield, L., 2011. The prevalence and treatment of people with Asperger’s
Syndrome in the criminal justice system. Criminology & Criminal Justice. 11(2). pp.165-
180.
Online
Criminal Justice Act 2003. 2012. [Online]. Available through:
<https://www.legislation.gov.uk/ukpga/2003/44/contents>.
7