Fundamentals of UK Law: Case Studies on Miscarriage of Justice and Forced Marriage

This report covers the UK law system, including statutory and common law, and discusses two case studies on miscarriage of justice and forced marriage. The report explores the impact of forced marriage on society, including the increased likelihood of domestic abuse and violence, sexual assault, and health-related risks. It also highlights the legal consequences of forced marriage, which is punishable by up to 7 years in prison. The report concludes by emphasizing the importance of protecting human rights and preventing wrongful convictions.

Fundamentals of UK
Law

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY ..................................................................................................................................3
Case study 1: Derek Bentley case..........................................................................................3
Case study 2: Forced Marriage...............................................................................................4
Discuss the effect of one of the case study on society...........................................................4
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
The law is a set of rules and regulations which mainly regulates the working of the
citizens by providing duties of states and rights of citizen. The law of UK comprises of statutory
law which is made by supreme law making authority that is called Parliament and common law
is made by Judiciary through the judicial precedents wherein subordinate courts are bound by the
decision of superior courts. Both have equal relevancy in rendering justice but the statutory laws
cannot be questioned in any court (White, 2021). This report will cover two case studies and the
effect of one of them on society.
MAIN BODY
Case study 1: Derek Bentley case
This case is based on the theme of miscarriage of justice which means wrongful
conviction which occurs when the person is punished and convicted for the crime which it has
not committed actually. Derek Bentley was the British man aged 19 years who was being hanged
for murder of the policeman wherein its death have occurred while in the course of burglary
attempt. One of the friend and also the accomplice of Bentley was also accused of murder and
Bentley was being convicted as the party to crime by the principle of English law 'joint
enterprise' due to the fact that burglary was committed in a mutual understanding. Its trial was
one of the controversial matter at that time wherein the jury found him guilty on the basis of the
statement of prosecution 'let him have it' after Lord Chief Justice described Bentley as the
mentally aiding murder of Mr Sidney Miles. The judge sentenced Derek to be hanged together
with the recommendation for the jury to grant mercy under Judgement of Death Act, 1823. This
case was considered as the miscarriage of justice as he was found guilty by the judiciary despite
bot possessing and firing the gun and gave itself to police without any violence. The accomplice
of Bentley have fired the gun but he was very young, only 16 years so it was punished for 10
years. Bentley is considered as the last person who was given death penalty as it was then
abolished. In the year 1998, the conviction was quashed eventually after many years of the
campaigning by the sister and father of Derek. This quashing of conviction was aimed to put the
impact of miscarriage of justice over the generations so that no more lives are lost due to system
getting it wrong (Roach, 2017).

Case study 2: Forced Marriage
Under the Human Rights At, 1998, every person has the right to choose the individual
who it can marry, when to get married and I you want to get married at all. A forced marriage is
when an individual is not able to make any of the above mentioned choices due to any physical
pressure such as physical; violence, threats, psychological or emotional pressure, sexual
violence, etc. A body is being established in UK, namely Forced Marriage Unit which support
the women during such instances. As per Forced Marriage Unit, this can be defined as where one
or both of the people does not want provide consent to marriage and abuse or pressure is used. It
is the indefensible and appalling practice and UK government recognize it as the kind of
violence against men and women and serious abuse of the human rights.
The pressure to marry against the will may be physical, emotional, psychological,
financial, sexual pressure or may be psychological or emotional harassment or abuse as it
involves a situation wherein an individual feels pressure to a point where it agrees due to the
feeling that it did not have any choice of saying no and he/she would not have given consent to it
if there was no pressure. UK have created significant legal armoury to protect such women who
are forcefully married (Thompson and Wadhwa, 2018). In the year 2014, it became illegal to
force anyone for marriage. One such example when a man was jailed in the year 2015 for
making one of the woman marry him with a threat to kill her father/ the protection order was also
taken out by the third parties, prevent the children from taking abroad and impound the
passports.
Discuss the effect of one of the case study on society.
Forced marriage is portrayed frequently as the issue and wide range of people and
community are affected by it which includes Irish Travellers, Roma, Turkish, Kurdish, Arab,
Iranian and African communities. It can happen to anyone who may be of any background
regardless of any financial status, social class and sexuality. In context to UK, the experiences
and needs of some of the affected groups are less visible often and specific groups are only
highlighted. It is essential to get aware that it disproportionately impacts the women and
therefore it is recognized as a kind of violence against girls and women.
One of the consequences of forced marriage is increased likelihood of the domestic abuse
and violence. This may be defined as any incident or range of incidents which involves coercion,
control and threatening behaviour, abuse or violence to those who are aged above 16 years and

have the intimate partner or the family member. The women who is forcefully married may get
prone to the risk of domestic violence from the partner or family member by using the control,
threat or coercion. It also faces the risk of sexual abuse and rape as they are not willing to give
consent. It contravenes many human rights such as Article 16(2) of UDHR provides that
marriage must be entered into with the full and free consent of the intended spouses and forcing
anyone can lead to violation of Article 12 of UDHR which states right to not get marry
(Karimakwenda, 2020).
Another consequence can relate to sexual assault and health related risk which is mainly
associated with early pregnancy, child mortality, high maternal, and risk to sexually transmitted
diseases. When there is forced marriage of the young girl, there may be risk of early pregnancy
which may result in deteriorating its health conditions as it may prone her to the risk of
psychological and emotional distress.
Forced marriage is an illegal act which is punishable by the UK courts under Anti Social
Behaviour Crimes and Policing Act of 2014 which makes it a criminal offence. The maximum
punishment for this offence is 7 years. Also when any person takes someone abroad or overseas
in order to marry it forcefully, subject to the fact that marriage takes place or not, is an illegal act
(LOPES, 2018).

CONCLUSION
It is concluded that the laws of UK consist of common and statutory legislations which
involves Parliament to enact statutory law and judiciary to make common laws. Miscarriage of
justice is termed as wrongful conviction wherein a person who has not committed crime is
prosecuted and punished under the law. Another legal concept is forced marriage which violates
human rights of the people, especially women. In UK, it is an illegal act and punishable for the
sentence up to 7 years.

REFERENCES
Books and Journals
Karimakwenda, N., 2020. Deconstructing Characterizations of Rape, Marriage, and Custom in
South Africa: Revisiting The Multi-Sectoral Campaign Against Ukuthwala. African
Studies Review. 63(4). pp.763-781.
LOPES, A., 2018. CHAPTER SIX BRIDGING THE UNBRIDGEABLE? UK POLICIES OF
COMMUNITY COHESION VIS-À-VIS THE PROBLEMS OF FORCED
MARRIAGE AND HONOUR KILLINGS. Challenges in the Construction of an
Inclusive Society, p.91.
Roach, K., 2017. Exceptional Procedures to Correct Miscarriages of Justice in Common Law
Systems. Available at SSRN 3006704.
Thompson, A. and Wadhwa, M., 2018. Forced marriage and Black Minority Ethnic survivors
with learning difficulties in Scotland. In Disability, Gender and Violence over the Life
Course (pp. 50-64). Routledge.
White, S., 2021. Brexit and the future of the UK constitution. International Political Science
Review, p.0192512121995133.