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

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).