David Game College - Law & Legal Systems Report - HND Public Services

This report provides a comprehensive overview of the English legal system and its criminal justice process. It begins with an introduction to the types of law in the English system, distinguishing between civil and criminal law. The report then delves into the principles of criminal law, including retroactiv...Read More

Law & Legal Systems

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
P1 Describe the types of law in the English Legal System.........................................................3
P2 Explain the main principles relating to criminal law.............................................................4
P3 Explain the structure of the Magistrates and Crown Courts..................................................5
P4 Explain the route for appeal in the criminal court structure..................................................6
P5 Describe the role and responsibilities of a range of public services and related
organisations involved in the criminal justice process................................................................7
P6 Outline the different ways effectiveness of the criminal justice process can be measured. . 7
P7 Explain how performance data can help to measure the effectiveness of the criminal justice
process.........................................................................................................................................8
CONCLUSION ...............................................................................................................................8
REFERENCES..............................................................................................................................10

INTRODUCTION
Laws are considered to be that kind of rules and regulation which is used for forming
basic structure resulting in maintaining peace and order within society. Laws considered as one
of the most important factor leading towards solving of issues relates to various aspects related to
law within a country. Also laws covers both civil and criminal problems by amending various
acts in relation over controlling wrongs committed by individual with crime done for disturbing
public. Then penalties with punishment if mentioned under the acts. Legal system is the system
which is based upon judiciary existing in a country for making sure that such laws dos not
disturb basic structure of an organization. Things covered in file is base upon law in English
system, principles of criminal law. Then effectiveness of criminal justice process is covered in
the end.
TASK
P1 Describe the types of law in the English Legal System.
English law system is based upon common law which is applicable within England and
Wales. In this various laws in relation to issues existing within society is been covered. Also
English law is very complexed in nature as it has lengthy process involved within it which makes
it less effective in modern times. Laws like property law, law of torts, civil and criminal laws,
contract laws, family laws, domestic violence laws and drug laws is been made. These laws has
been given shape of acts which has been formed by following proper procedure within
parliament (Deckha, 2020). Two major laws of English legal system are civil and criminal laws
both holds there own jurisdiction as per the guidance given to courts. Further the laws has been
explained as follows:
Civil Law: These are those laws within which an individual commits a wrong. In these laws
matters related to contract, negligence, property, employment, probation and land law is covered.
Such laws is been applied within UK in relation over organization and individual. Under civil
laws penalties exists more. Civil cases in deal under Chancellor division of High Court. Civil
laws is been covered under Civil procedure code UK.
Criminal Law: It is that branch of public law which defines about boundaries that has been set in
order to control criminal activities within society. Such offences is based upon motive at the time
of conducting act. In this offence is conducted against society at whole. These laws both

punishment and fine is there. Criminal cases is been handled within Queen's bench of High Court
of UK. It is covered within Criminal procedure code UK.
P2 Explain the main principles relating to criminal law
Criminal law contains various element which is required to be presented within
prosecution to be proved beyond any kind of reasonable doubt. Under this criminal element
makes jurisdiction of common law allows criminal law used. So, there are two major element
which forms base of criminal law they are actus reus within which criminal intent matters and
other element is mens rea within which time of action is been taken into consideration. There are
certain principles which is involved within criminal law and they are as follows:
Rule against retro activity
This is one of the most widely accepted principle within criminal law and it prohibits
imposition of ex post facto laws within which an individual is punished for making conduct
which is not criminal and has been carried out. The rule restricts the authority of judges to
declare new offense (though not necessarily to expand the scope of old ones by interpretation).
This principal is majorly focused over interpretation of facts and punishment given( Engberg,
2020).
Intention
It is one of the most important general principles within criminal law under this
individual makes conviction over crime with the intention over committing as per act of
question. Under it few exceptions are there which is that an individual is not required to know
about act itself due ignorance of law within criminal behaviour. That is why person believes that
act which is perfectly legal with criminal intention. In this only intention is been checked at the
time crime has been committed.
Criminal responsibility
Criminal responsibility which is applicable over those criminal acts and also makes aid to
be abet by wrongdoer which provides information over the commission of act in this
implementation is been done over particle help. Under it practical helps is been attained through
reconstructing the act. This helps in making sure that no fact is been left unread. In this both
theoretical and practical aspect over the case is been covered. Under this weapon or anything
used at time of action is been identified. In this principles of first degree is been assisted at the
time commission is been made over offence. Such principal helps in assisting over crimes that

has been taking place and all accessories of the culprit is been analysed with the facts in order to
reach to proper conclusion.
These principles and elements makes criminal act to be more strong and relevant which
makes framework formed over the act.
P3 Explain the structure of the Magistrates and Crown Courts.
Supreme Court
Supreme Court this is the highest court of appeal which handle appeals related over both
civil and criminal cases. Under it appeals is mainly related over ‘points of law’ in both criminal
and civil cases and cases are typically heard by five law lords. In this Supreme Court mainly
hears about procedure which is related to Court of Appeal and High court. It means that cases
within which high court and court of appeal passed judgement to be challenged in Supreme
Court.
High Court
The High Court mainly deals with civil cases and appeals from the lower County Courts.
It’s made up of three main divisions: Chancery, Queen’s Bench and Family. It’s based at the
Royal Courts of Justice in Central London but has various registries throughout England and
Wales in which numerous High Court proceedings may take place. In this there are three
divisions which is Chancery division, Queen's bench and family division. Under Chancery
division cases related over trust and equitable matter is been deal. Also it covers about trusts or
business in UK. Also it deals over claims, portable disputes, bankruptcy, sale of land, mortgage
with patent issues is been covered. The come family division which deals over matters related
upon involving of guardianship, probate and matrimonial actions (Hörisch and et. al., 2017).
English Court Hierarchy for Criminal Proceedings
Magistrates’ Courts
It holds jurisdiction upon Magistrate court over those offences which are marked under
the category of ‘summary offences’. Under these offences defendant is not entitle over trial made
by jury. Under it offences like monitoring offences, minor criminal damage, common assault
which is not significant with injury. This deals upon ‘either way’ offences that covers serious
offences which are burglary and handling of stolen goods, drug offences is been covered within
it.

Crown Court
This has been formed as per Courts Act 1971 in it crown court has been established
across England and Wales. These deal over several criminal cases which are sever in nature that
is murder, rape or robbery. So, it can be observed that appeals and sentences over cases of
Magistrate court. Example over Crown court includes offences that is indictable offence they are
murder, manslaughter, rape and robbery. Under it offences like transfer from Magistrate court
and appeals is been deal with.
In this sentencing within Crown court covers wider range which is little community
sentences and imprisonment sentences which includes life sentences is covered under it.
Court of Appeal
Under this court criminal division is covered this is second highest court which is below
Supreme Court and is dealing upon judgements that has been passed against sentences from
Crown Court. Further the court consists of various juries which handles such appeals. Also the
court is been headed by Chief justice. It is one of the main courts of UK though privy council is
also there which establish as body for advising by monarchy upon sovereign matters outside UK.
These courts handles various cases which are sovereign in nature.
P4 Explain the route for appeal in the criminal court structure.
Magistrates
There are different ways within which various challenges upon magistrate's decision. It is
one of the most appropriate method. As it covers cases which hold particular circumstances then
complain can be lodge over appeal. The most effective method for applying in relation over case
under which particular circumstances. Before an appeal is been filed legal advice has to be
attained. Then cost should be paid for it.
Appeals against the decision of the magistrates In this criminal case is been hard by Crown Court
and appeal is made to magistrate and then the case related documents should be send by
magistrate to courts higher authority within Crown court world. (Kokina, 2019).
Crown and county courts
To file appeal for both the courts can be done under civil and criminal cases. In this
appeals can be made in both civil and criminal cases. This is necessary for making permission
over leaving judge before filling appeal within criminal case. Applications in relation to appeal
over decision through leaving appeal over decision that has been made by Crown Court which

deal with Court of Appeal through Criminal division. Appeal against outcome over hearing
county court or High Court matter is been deal within Court of Appeal with civil division.
P5 Describe the role and responsibilities of a range of public services and related organisations
involved in the criminal justice process.
The Crown Prosecution Service
In this services which makes prosecution over criminal cases possible through
investigating within it. Police and investigation organization holds jurisdiction within England
and Wales. CPS is independent this means no control of police and government is there. These
has been for in order over making sure that right person is been prosecuted over the offence upon
which investigation is going on.
The CPS includes these thing which are as follows:
 Deciding over case that has to be prosecuted.
 In this determination regarding appropriate charges is more serious over complex cases
and advice which makes early stage of investigation go with ease.
 Preparing of case then presenting it within court.
 Providing proper information and supporting victims through prosecution of witness.
Prosecutors is required to hold honesty with fairness and independence. In this deciding
weather prosecution makes criminal case the lawyer is required to follow Code for Crown
Prosecutors. This means over charge through criminal offence within which prosecution is to be
satisfied over those evidences which provides realistic prospect of conviction achieved within
interest of public. The CPS works closely with the police, courts, the Judiciary and other partners
to deliver justice (Ruhl, Katz and Bommarito, 2017).
P6 Outline the different ways effectiveness of the criminal justice process can be measured.
It is required for making consideration through frequently making criminal activities
across the country by observing changes in level of crime. This makes most ways over
maintaining crime measures through forensic psychologists and involves both qualitative and
quantitative measures. There are certain measures which can be used for measuring effectiveness
criminal procedure which are explained as follows:
Office for National Statistics holds responsibility for making collection upon wide range in
relation upon quantitative data which vary as per crime that is committed. This makes
information in relation over current crime survey has been carried out over victims which is

recorded by police. Some areas in relation over crime is covered through criminal damage and
various crimes of property and sexual crimes also included in it.
Another method that can be used is largest victim survey that is carried within UK. As per the
survey done within England and Wales people will be able to make identification upon various
kinds of things which leads over increasing of such crimes. This is one of the most important
method which makes situation to be analysed in proper manner before performing any
investigation in relation to criminal method (Sharafat, Nasar and Jaffry, 2019).
Offender Surveys
This is that kind of survey which is based upon information from offenders and those
persons through making development of understanding behaviour and attitude of offender. In
this offending within the survey is been covered. This carries out studies which is related to
condition faced by offender. It looks over data which is dependent upon variety of areas that
includes self-reported offending and indicates offences committed.
Evaluation
Official statistics are considered fairly limited as they are easily skewed by data which is
omitted such as unreported crime and categories of crime which do not necessarily get brought
up in a simple survey or questionnaire. This is why victim and offender surveys are considered
useful as they can give more accurate details about crimes which may not get reported in the
official statistics.
P7 Explain how performance data can help to measure the effectiveness of the criminal justice
process.
Performance data is considered as that kind of data which shows about how a particular
justice system has been performing within the country. Also this method leads upon fighting
with crimes in more affective manner. Also it makes process of justice enhanced by finding out
flaws which has to be covered in order to reduce complexity within it (Yeung, 2019.).
CONCLUSION
From the above discussion it can be concluded that laws are those rules and regulation
which has been formed in order to maintaining balance with peace in society. Also in this both
civil and criminal law is been covered. Then principles related over criminal law is been covered

and then hierarchy of court is explained. Also criminal court structure is been covered and
responsibility of public agency is covered. In the end methods for measuring criminal justice is
covered with performance data collection.

REFERENCES
Books and Journals
Borjian, A. and Al-Dabbagh, H., 2018. Reform of legal systems through the evolution of
comparative law. Public Law Researsh, 20(60), pp.183-206.
Butler, W.E., 2019. What Makes Socialist Legal Systems Socialist. Law Ukr.: Legal J., p.131.
Deckha, M., 2020. Unsettling Anthropocentric Legal Systems: Reconciliation, Indigenous Laws,
and Animal Personhood. Journal of Intercultural Studies, 41(1), pp.77-97.
Engberg, J., 2020. Comparative law for legal translation: Through multiple perspectives to
multidimensional knowledge. International Journal for the Semiotics of Law-Revue
internationale de Sémiotique juridique, 33, pp.263-282.
Hörisch, J and et. al., 2017. Legal systems, internationalization and corporate sustainability. An
empirical analysis of the influence of national and international authorities. Corporate
Governance: The International Journal of Business in Society.
Husa, J., 2018. Comparative law in legal education–building a legal mind for a transnational
world. The Law Teacher, 52(2), pp.201-215.
Kokina, M.N., 2019. THE DIALECTIC OF RELATIONS OF RECEPTION–DONATION IN
LAW, TRADITIONALISM-ANTI-TRADITIONALISM IN THE LEGAL SYSTEMS
OF COUNTRIES AND THE PROBLEMS OF CONSTITUTIONAL CHANGES IN
MODERN RUSSIA. Института развития ноосферы, (6), p.106.
Ruhl, J.B., Katz, D.M. and Bommarito, M.J., 2017. Harnessing legal complexity. Science,
355(6332), pp.1377-1378.
Sharafat, S., Nasar, Z. and Jaffry, S.W., 2019. Data mining for smart legal systems. Computers &
Electrical Engineering, 78, pp.328-342.
Yeung, K., 2019. Regulation by blockchain: the emerging battle for supremacy between the code
of law and code as law. The Modern Law Review, 82(2), pp.207-239.