Discuss the essential differences between Civil and Criminal Law particularly in relation to their aims and objectives.
Discuss the essential differences between Civil and Criminal Law particularly in relation to their aims and objectives. Justice should be the upholding of rights and the punishment of wrongs by the law. Any society has a duty to its citizens to do the best it can to provide them with laws, which, if obeyed, will give them a reasonably safe environment. These laws will also form a framework in which to live our lives. Whether in criminal or civil law we each have a responsibility for our actions towards others. Criminal law is the upholding of standards and punishing those who break laws and offend against society. Civil law is concerned with compensating the victims of injustice- " The Criminal Justice System exists to help protect us from crime, and to ensure that criminals are punished. The Civil Justice is there to help people resolve their disputes fairly and peacefully"(Lord Irvine of Lairg, Lord Chancellor, Modernising Justice 1998) One main difference between Civil and Criminal law is their sole purpose. Both Civil and criminal law has main aims however they differ quite substantially. Criminal law can be seen as a set of rules and regulations which, if broken, will result in a punishment of either loss or liberty or a fine. In a Criminal case an offender is found guilty of a criminal offence, and he/she may be sentenced by the judge. In a Civil case there is no
"What are the advantages and disadvantages of electing for a Summary trial as opposed to trail by jury?"
"What are the advantages and disadvantages of electing for a Summary trial as opposed to trail by jury?" There are many advantages to electing for a summary trial as opposed to trail by jury. One advantage of electing for a summary trial is that magistrates know more about their local area as they are members of the local community appointed by the Lord Chancellor. This means that their views could be more conclusive and would most likely consider the needs of the community and the major problems it faces. On the other hand, magistrates' courts deal with smaller incidents and magistrates may have a more 'conviction-minded' attitude as they wish to look out for their local community. As the magistrates court represents the local community then if the defendant has been accused of committing a crime in his or her local area then the trial would be held in the local magistrate's court and this could lead to embarrassment for the defendant and the defendant being segregated form the local community. Where as if the trial was held at the crown court it would be further from home and the defendant would be less likely that the defendant would be in the public eye. Magistrates Courts are faster in finishing cases as opposed to Crown Courts, which may take up to several months and this is an advantage electing for a summary trail as it often avoids long periods on bail or in
Stages of a Bill to become an Act of Parliament
Stages of a Bill to become an Act of Parliament Green Paper This is a consulation document for Law reform. Whenever the government wishes to introduce a bill, it publishes a Green Paper. Then the Labour Government introduced it in 1967. The interested parties send comments to the relevant government department, so necessary changes can be made to the government's proposals. White Paper Following Green Paper, the government will publish a White Paper which is a draft Act of Parliament, with its firm proposals for new law. First Reading This is a formal procedure when the name and main aims of the Bill are read out. The in the House of Commons MPs can vote for this is two different ways - Verbally by shouting 'Aye' or 'No' or formally by each member of the House walking through a special chamber. Second Reading This is the most significant process on the entire Bill in which MPs discuss the main principles behind the Bill. The speaker of the House control the debate to ensure all MPs who wish to speak can do so. At the end of the debate the MP will vote the same way as for the First Reading. They walk through the 'division lobby' where commons officials called 'tellers' will physically count them. Committee Stage At this stage a standing committee which will range from sixteen to fifty MPs, the members will usually be those with the special interest in or
