Chapter 5 – Section 5 : Respecting the law
One of the most important responsibilities of all residents in the UK is to know and obey the law. This section will tell you about the legal system in the UK and some of the laws that may affect you. Britain is proud of being a welcoming country, but all residents, regardless of their background, are expected to comply with the law and to understand that some things which may be allowed in other legal systems are not acceptable in the UK. Those who do not respect the law should not expect to be allowed to become permanent residents in the UK.
The law is relevant to all areas of life in the UK. You should make sure that you are aware of the laws which affect your everyday life, including both your personal and business affairs.
The law in the UK
Every person in the UK receives equal treatment under the law. This means that the law applies in the same way to everyone, no matter who they are or where they are from.
Laws can be divided into criminal law and civil law:
· Criminal law relates to crimes, which are usually investigated by the police or another authority such as a council, and which are punished by the courts.
· Civil law is used to settle disputes between individuals or groups.
Examples of criminal laws are:
· Carrying a weapon: it is a criminal offence to carry a weapon of any kind, even if it is for self-defence. This includes a gun, a knife or anything that is made or adapted to cause injury.
· Drugs: selling or buying drugs such as heroin, cocaine, ecstasy and cannabis is illegal in the UK.
· Racial crime: it is a criminal offence to cause harassment, alarm or distress to someone because of their religion or ethnic origin.
· Selling tobacco: it is illegal to sell tobacco products (for example, cigarettes, cigars, roll-up tobacco) to anyone under the age of 18.
· Smoking in public places: it is against the law to smoke tobacco products in nearly every enclosed public place in the UK. There are signs displayed to tell you where you cannot smoke.
· Buying alcohol: it is a criminal offence to sell alcohol to anyone who is under 18 or to buy alcohol for people who are under the age of 18. (There is one exception: people aged 16 or over can drink alcohol with a meal in a hotel or restaurant — see page xxx.)
· Drinking in public: some places have alcohol-free zones where you cannot drink in public. The police can also confiscate alcohol or move young people on from public places. You can be fined or arrested.
This list does not include all crimes. There are many that apply in most countries, such as murder, theft and assault. You can find out more about types of crime in the UK at www.gov.uk
Examples of civil laws are:
· Housing law: this includes disputes between landlords and tenants over issues such as repairs and eviction.
· Consumer rights: an example of this is a dispute about faulty goods or services.
· Employment law: these cases include disputes over wages and cases of unfair dismissal or discrimination in the workplace.
· Debt: people might be taken to court if they owe money to someone.
The police and their duties
The job of the police in the UK is to:
· protect life and property
· prevent disturbances (also known as keeping the peace)
· prevent and detect crime.
The police are organised into a number of separate police forces headed by Chief Constables. They are independent of the government.
In November 2012, the public elected Police and Crime Commissioners (PCCs) in England and Wales. These are directly elected individuals who are responsible for the delivery of an efficient and effective police force that reflects the needs of their local communities. PCCs set local police priorities and the local policing budget. They also appoint the local Chief Constable.
The police force is a public service that helps and protects everyone, no matter what their background or where they live. Police officers must themselves obey the law. They must not misuse their authority, make a false statement, be rude or abusive, or commit racial discrimination. If police officers are corrupt or misuse their authority they are severely punished.
Police officers are supported by police community support officers (PCSOs). PCSOs have different roles according to the area but usually patrol the streets, work with the public, and support police officers at crime scenes and major events.
All people in the UK are expected to help the police prevent and detect crimes whenever they can. If you are arrested and taken to a police station, a police officer will tell you the reason for your arrest and you will be able to seek legal advice.
If something goes wrong, the police complaints system tries to put it right. Anyone can make a complaint about the police by going to a police station or writing to the Chief Constable of the police force involved. Complaints can also be made to an independent body: the Independent Police Complaints Commission in England and Wales, the Police Complaints Commissioner for Scotland or the Police Ombudsman for Northern Ireland.
Terrorism and extremism
The UK faces a range of terrorist threats. The most serious of these is from AI Qa’ida, its affiliates and like-minded organisations. The UK also faces threats from other kinds of terrorism, such as Northern Ireland-related terrorism.
All terrorist groups try to radicalise and recruit people to their cause. How, where and to what extent they try to do so will vary. Evidence shows that these groups attract very low levels of public support, but people who want to make their home in the UK should be aware of this threat. It is important that all citizens feel safe. This includes feeling safe from all kinds of extremism (vocal or active opposition to fundamental British values), including religious extremism and far-right extremism.
If you think someone is trying to persuade you to join an extremist or terrorist cause, you should notify your local police force.
Check that you understand
· The difference between civil and criminal law and some examples of each
· The duties of the police
· The possible terrorist threats facing the UK
The role of the courts
Judges (who are together called ‘the judiciary’) are responsible for interpreting the law and ensuring that trials are conducted fairly. The government cannot interfere with this.
Sometimes the actions of the government are claimed to be illegal. If the judges agree, then the government must either change its policies or ask Parliament to change the law. If judges find that a public body is not respecting someone’s legal rights, they can order that body to change its practices and/or pay compensation.
Judges also make decisions in disputes between members of the public or organisations. These might be about contracts, property or employment rights or after an accident.
There are some differences between the court systems in England and Wales, Scotland and Northern Ireland.
Magistrates’ and Justice of the Peace Courts
In England, Wales and Northern Ireland, most minor criminal cases are dealt with in a Magistrates’ Court. In Scotland, minor criminal offences go to a Justice of the Peace Court.
Magistrates and Justices of the Peace (JPs) are members of the local community. In England, Wales and Scotland they usually work unpaid and do not need legal qualifications. They receive training to do the job and are supported by a legal adviser. Magistrates decide the verdict in each case that comes before them and, if the person is found guilty, the sentence that they are given. In Northern Ireland, cases are heard by a District Judge or Deputy District Judge, who is legally qualified and paid.
Crown Courts and Sheriff Courts
In England, Wales and Northern Ireland, serious offences are tried in front of a judge and a jury in a Crown Court. In Scotland, serious cases are heard in a Sheriff Court with either a sheriff or a sheriff with a jury. The most serious cases in Scotland, such as murder, are heard at a High Court with a judge and jury. A jury is made up of members of the public chosen at random from the local electoral register (see page xxx). In England, Wales and Northern Ireland a jury has 12 members, and in Scotland a jury has 15 members. Everyone who is summoned to do jury service must do it unless they are not eligible (for example, because they have a criminal conviction) or they provide a good reason to be excused, such as ill health.
The jury has to listen to the evidence presented at the trial and then decide a verdict of ‘guilty’ or ‘not guilty’ based on what they have heard. In Scotland, a third verdict of ‘not proven’ is also possible. If the jury finds a defendant guilty, the judge decides on the penalty.
In England, Wales and Northern Ireland, if an accused person is aged 10 to 17, the case is normally heard in a Youth Court in front of up to three specially trained magistrates or a District Judge. The most serious cases will go to the Crown Court. The parents or carers of the young person are expected to attend the hearing. Members of the public are not allowed in Youth Courts, and the name or photographs of the accused young person cannot be published in newspapers or used by the media.
In Scotland a system called the Children’s Hearings System is used to deal with children and young people who have committed an offence.
Northern Ireland has a system of youth conferencing to consider how a child should be dealt with when they have committed an offence.
County Courts deal with a wide range of civil disputes. These include people trying to get back money that is owed to them, cases involving personal injury, family matters, breaches of contract, and divorce. In Scotland, most of these matters are dealt with in the Sheriff Court. More serious civil cases — for example, when a large amount of compensation is being claimed — are dealt with in the High Court in England, Wales and Northern Ireland. In Scotland, they are dealt with in the Court of Session in Edinburgh.
The small claims procedure
The small claims procedure is an informal way of helping people to settle minor disputes without spending a lot of time and money using a lawyer. This procedure is used for claims of less than £5,000 in England and Wales and £3,000 in Scotland and Northern Ireland. The hearing is held in front of a judge in an ordinary room, and people from both sides of the dispute sit around a table. Small claims can also be issued online through Money Claims Online (www.moneyclaim.gov.uk).
You can get details about the small claims procedure from your local County Court or Sheriff Court. Details of your local court can be found as follows:
· England and Wales: at www.gov.uk
· Scotland: at www.scotcourts.gov.uk
· Northern Ireland: at www.courtsni.gov.uk
Solicitors are trained lawyers who give advice on legal matters, take action for their clients and represent their clients in court.
There are solicitors’ offices throughout the UK. It is important to find out which aspects of law a solicitor specialises in and to check that they have the right experience to help you with your case. Many advertise in local newspapers and in Yellow Pages. The Citizens Advice Bureau (www.citizensadvice.org.uk) can give you names of local solicitors and which areas of law they specialise in. You can also get this information from the Law Society (www.lawsociety.org.uk) in England and Wales, the Law Society of Scotland (www.lawscot.org.uk) or the Law Society of Northern Ireland (www.lawsoc-ni.org). Solicitors’ charges are usually based on how much time they spend on a case. It is very important to find out at the start how much a case is likely to cost.
Check that you understand
· The role of the judiciary
· About the different criminal courts in the UK
· About the different civil courts in the UK
· How you can settle a small claim