Edexcel Citizenship Revision Guide

Theme C: Law and justice

Theme C: Law and justice overview

Key questions explored:

 What is the law for and how does it affect us? (1-2)
 How does the justice system work? (3-6)
 Is crime increasing in society? (7-8)

What is the law for and how does it affect us? (1-2)

1. The role of law in everyday life in dealing with complex problems

 What law is and how the law affects our everyday lives.
 Why we need laws in society: to protect the public, settle disputes, ensure that
people are treated fairly (including preventing discrimination), change behaviour,
and respond to new situations in society (including scientific and technological
developments and changing values).
 The age we become legally responsible for our actions (drive, marry, vote, work, join
the armed forces) and the age of criminal responsibility and how legal age limits are
designed to protect young people

2. Principles and sources of law

 Fundamental principles of law to uphold rights and freedoms: the rule of law; the
presumption of innocence; equality before the law; access to justice.
 That England and Wales have a different legal system from Northern Ireland and
Scotland.
 The main sources of law: common law (case law or precedent), legislation and the
EU.
 Law and justice

Key Terms:

Legal right = a right that is protected by law.

Case law or precedent = once a decision has been made in a court it becomes law in all future cases
containing the same material facts and it must be followed by all lower courts.

Rule of law = a country is governed by law and all residents must obey the law – so no one is above
the law.

Civil law = this covers disputes between individuals or groups. Civil law cases are often about rights.

County court = a local court that has limited powers in civil cases.

Criminal law = this deals with offences such as murder and drug dealing. These cases are between
the Crown Prosecution Service (acting for all citizens) and the offender.

Crown court = courts held in towns in England and Wales where judges hear criminal cases.

High Court = the court where judges hear cases on serious crimes.

Judge = a person who decides questions of law in a court.

Jury = a group of people who decide if someone is guilty in a court of law.

Magistrates’ court = a court held before two or more public officers dealing with minor crimes.

Small claims court = a local court, which hears civil cases involving small amounts of money.

Sue = to make a claim against someone or something.

Barrister = a lawyer who represents and speaks for their clients in court.

Judiciary = all the judges in a country.

Probation officer = someone who writes court reports on offenders and supervises them in the
community.

Solicitor = a lawyer who gives legal advice and may speak for their clients in court.

Mitigating factors = reasons why an offender might be given a lighter sentence.

Recorder = a barrister or solicitor of at least 10 years’ experience, who acts as a part-time judge in a
crown court.

Mediator = acting as a go-between people in dispute in order to resolve the problem.

Ombudsman = an official who is appointed to investigate individuals’ complaints against a company

or an organisation.

Tribunals = these are set up to resolve certain types of dispute, such as employment issues.

Community sentence = a sentence which allows people to continue to live in the community under
certain conditions.

Discharge = not being sentences for a minor crime; it can be conditional.

 Restorative justice = a system of criminal justice which aims to rehabilitate offenders through
meeting and talking to victims and the community.

Youth court = a court that deals with young offenders.

Youth justice system = the part of the justice system that deals with young people.

Young offenders = offenders between the ages of 10 and 17.

Office for National Statistics = the organisation that collects data about what is happening in the UK.

Reoffend = to commit a crime more than once.

Neighbourhood Watch = a scheme in which members of the community take responsibility for
keeping an eye on each other’s property to prevent crime.

Rehabilitation programmes = programmes which help people to overcome problems so they can
avoid committing crimes in future.

Arrested = a person who is arrested is held against their will because they are suspected of
committing a crime.

Special constable = a volunteer police officer.

Fairness = treating people equally and according to the circumstances.

Justice = behaviour or treatment that is morally right and fair.

Chief constable = the chief police officer within each regional police force.

Magistrates = part-time community volunteers who determine verdicts and sentences in local
Magistrates’ Courts.

Common law = law based upon judges’ rulings in court.

Legislation = or statute law; laws passed by parliament.

Recorded crime = crimes that are reported to and recorded by the police.

Aggravating circumstances = something that makes a crime more serious.

Custodial = a sentence that involves imprisonment.

Deterrence = use of sentencing to prevent the offender and others committing the offence.

Non-custodial = a criminal sentence that does not involve imprisonment.

Jury service = citizens are required to serve on juries as a civic duty. Twelve people serve. They are
selected at random from the register of voters.

Law is a formal method of controlling Law-abiding citizens obey the law for a variety
people and society through rules set down of reasons: they may have strong religious or
and then enforced through courts and the moral views about breaking the law; they may
 Why do we need laws?

 Laws are there for people’s health and safety.

They are supposed to protect us, and stop us
doing things that might be harmful or dangerous.
 Laws help enforce order – if people could do
whatever they wanted there would be complete
chaos and society would eventually break down
(this is called anarchy).
 Laws should protect people’s rights. If any of our
rights are threatened or ignored, then the law Laws + Police + Courts and Punishments =
should step in to defend them. Criminal activity Each of these elements are required for a
often infringes human rights, e.g. murder successful legal system; laws are made which
definitely infringes a person’s right to life, and apply to everyone, the police are expected to
theft would infringe someone’s right to own enforce the law and apprehend those
property and not have it taken away without suspected of breaking the law and lastly those
good cause. Legal rights and consumer rights, accused appear before a court and if guilty
etc. can also be threatened by illegal activity. are punished.
Some people talk about ‘victimless crimes’, but
they are quite hard to find – in most cases there No courts – there would be no element of
will be victims, even if it’s just the shareholders punishment.
of a big company. No police – unlikely that offenders would be
 Laws can resolve conflict. Sometimes people brought to court.
can’t agree on something, but there’s no obvious
right and wrong in the situation. No laws – the police could arrest anybody for
any offence and the courts could hand out
any punishment they liked.
Check your understanding:

1. State two reasons why people obey the law. (2 marks) Essay question:
2. Explain why we need laws. (4 marks)
‘You should never break the law.’
3. What elements
At age 10 make up achoose
You can successful
yourlegal
own system.
religion.(3
You can be convicted of a criminal offence.
marks)
At age 12 You can watch a 12 or 12A film or play a 12 category(15computer
marks) game. You can be
remanded into a secure unit or secure training facility for persistent offending.
You can be placed on an electronically monitored curfew while you’re awaiting a
court decision.
At age 13 You can have a part-time job, with some restrictions. You can have an account on
a social networking site like Facebook or Twitter.
At age 14 You can enter a pub if the landlord allows it, but you cannot buy or drink alcohol,
only soft drinks. You can be fined £20 for not fastening your seatbelt while in a
moving car.
At age 15 You may be remanded to a prison to await trial. If you are convicted of a criminal
offence you can be fined up to £1000 and sentenced to prison time. You can rent
and buy a 15 category film.
At age 16 You can give consent and have sex. You can be married or live together with a
parent’s permission. You can be prosecuted for having sex with someone who is
under 16. You can apply for your own passport with a parent’s consent.
At age 17 You can hold a driver’s licence and apply for a motorcycle licence. You can be
interviewed by the police without an appropriate adult being present. A care
 order can no longer be made on you.
At age 18 You have reached the age of majority (that is, you are an adult!). You can have a
tattoo or body piercing. You can watch an 18 film, play an 18 computer game.
National minimum wage entitlement increases. You can get a cheque card and
credit card. You can change your name. You can vote and be called for jury
service. You can buy and drink alcohol in a bar. You can get married, enter a civil
partnership or live together without parental consent. You can stand as an MP or
a local councillor.
At age 19 You can no longer get support to help you get into work or college unless you
have learning difficulties or disabilities.
At age 20 You are no longer able to access most services for young people unless you have
learning difficulties or disabilities.
At age 21 You can drive certain kinds of larger vehicles, like lorries or buses (with the
appropriate licence). You are now entitled to full national minimum wage. You can
apply to adopt a child. You can get certain types of jobs: for example, become a
driving instructor. You can apply for a licence to fly commercial transport
aeroplanes, helicopters, gyroplanes and airships.
At age 22 Support ends for young people who have been in local authority care (care
leavers) unless they are going into higher education.
At age 25 Some benefit entitlements change. Support ends for young people who have been
in Local Authority care who went on into higher education.

The main source of law in the UK is legislation. This Another fundamental aspect of our legal
includes all laws passed by Parliament. system is the role of the citizen. Many
trials are determined by the decision of a
The other sources of law are: jury made up of randomly selected
citizens. Citizens can also become
 Common law – this is made by judges who
magistrates (justices of the peace (JPs))
make decisions which must be followed by all
in their local communities. The
other courts. This is known as case law or
Magistrates’ Courts deal with a large
precedent.
percentage of all criminal cases.
 European Union law – as the UK is a member
of the European Union (EU), UK law must
conform to EU law.

The UK is a member of the Council of Europe and has

The common law has developed through judicial
signed up to the European Convention on Human
decisions in cases and is linked to legal principles and
Rights. The UK’s Human Rights Act means that the
rules. Common law is, therefore, constantly evolving to
courts in the UK must protect the rights identified in
deal with ever-changing situations in society. English law
the ECHR.
works on a common law basis. Judges create common
law by delivering written judgements about the case
before them.

Check your understanding: Statute law or legislation is law passed by parliament.

Statute law is law that is written down and codified into
1. What does the rule of law mean? (2 marks)
law. Statutes begin as Bills and then become Acts of
2. Explain the principles that affect how the law is
Parliament. When considering a case brought in regard
applied. ((4 marks)
to this Act, a judge would work within the exact wording
3. Most of our laws are made in Parliament.
Essay question: of the law. If matters are unclear or ill-defined, the
Explain other ways laws are made. (4 marks)
judge’s decision in their written judgement creates
‘The UKWhat
4. arebemy
should rights
able at different
to ignore ages? (6 marks)
the European common law. If other judges have already ruled on the
Convention on Human Rights when it makes laws.’ same matter, the judge would follow their written
guidance. Hence the wording ‘common law’ refers to
(15 marks)
 There are different systems of justice in England and In Scotland there are four levels of courts:
Wales, Scotland and Northern Ireland.
Northern Ireland has its own judicial system, which is 1. Justices of the peace: act in a similar
headed
Englandbyand
theWales
Lord Chief
haveJustice
the sameof Northern Ireland.
legal system, and fashion to the Magistrates’ Court system in
The Department of Justice is responsible for
laws passed by the UK Parliament automatically the England and Wales.
administration of The
apply to Wales. the courts.
Welsh Assembly has passed 2. Sheriff and summary: the sheriff (judge)
some laws which apply only to Wales but, as yet, determines guilt or innocence as well as
UK Supreme Court – hears appeals on points of law presiding over the trial. They can impose a
there are no major differences between the two
in cases of major public importance. custodial sentence of up to one year and
countries.
The Court of Appeal – hears appeals on points of law impose a fine of up to £10,000.
Scotland has its own system of laws and courts, and 3. Sheriff and jury: cases are heard by the
in criminal and civil cases from all courts.
its own Parliament. sheriff and a jury of fifteen jurors (members
The High Court – hears complex or important civil of the public). A Sheriff Court can impose a
Northern Ireland has a similar system to that of
cases and appeals from county court. custodial sentence of up to five years.
England and Wales.
4. The High Court: deals with the most serious
County Courts – hear a wide range of civil actions
cases such as: murder, rape and armed
including Small Claims and family cases.
robbery. Cases are presided over by a single
The Crown Court – hears all serious criminal cases. judge and tried by a jury of fifteen people.

Magistrates’ Courts (including Youth Courts and

Check your understanding:
Family Proceedings) – hear less serious criminal
cases, cases involving juveniles and civil and family 1. Is law the same throughout the UK?
cases. (4 marks)
2. Explain the court structure in
Coroners’ Courts – investigate unexplained deaths.
Scotland. (4 marks)
The Enforcement of Judgements Office – enforces 3. Explain the court structure in
civil judgements. Northern Ireland. (8 marks)

How does the justice system work? (3-6)

3. Civil and criminal law

  The purposes of criminal law: used to protect the public from harm such as in cases
where crimes are committed against a person or property.
 The purposes of civil law: to settle civil disputes, such as debt, personal injury, and
family matters.

4. The justice system in England and Wales

 The roles and powers of the police, judges and magistrates, and legal
representatives.
 The responsibilities and roles of citizens in the legal system including as jurors,
magistrates, special constables, members of a tribunal hearing.
 Fundamental principles of the law in practice: the rights of citizens on arrest to know
the reason for arrest, inform someone of their arrest and to see a solicitor.

5. Courts and tribunals

 Types of criminal courts, key differences between how they operate and the types of
case they are used for: magistrates court and crown court.
 Types of civil courts and what they are used for: county court and high court.
 The use of tribunals and other means of civil dispute resolution, such as mediation,
to settle disputes.

6. Youth justice
 The operation of the youth justice system and how and why youth courts differ to
other courts.

Over many centuries of law making, two Civil Law:

separate but related branches of the law
 Tries to solve disputes which may
have evolved to meet changing
be between individuals, businesses
 Criminal Law:

 Attempts to maintain law and order and to

Issue protect citizens. Civil Law Criminal Law
Cases are
 brought
Case bynormally started by
Individual or the
grouppolice
or organisation. CPS on behalf of the state.
through the Crown
Decision Prosecution
Defendant Service.
found liable or not liable in Defendant is convicted if guilty or
regard to the issue.
 Criminal cases include theft, murder and drink acquitted if not guilty. Decided by a
driving. jury or magistrates.
Proof required
 Criminal cases may Preponderance
end in some sortof evidence,
of evidence Beyond reasonable doubt.
must be produced to support the claim.
punishment, e.g. fines, probation, curfews or
Burden of proof The claimant must give proof of the The accused is innocent until proven
prison. claim. guilty. The prosecution must prove
their case; the accused does not
have to prove their innocence.
Punishment Damages, compensation or an injunction Non-custodial or custodial sentence
(an order to stop taking an action). if found guilty.
Appeal Either party can appeal a court’s The defendant may appeal a court’s
decision. verdict in regard to either the
verdict or the sentence. It is now
possible for the state to ask for the
sentence to be reviewed.

Check your understanding:

1. What are the main differences between

civil and criminal cases? (4 marks)
2. Define the term ‘claimant’. (1 mark)
3. Define the term ‘defendant’. (1 mark)

Essay question:

‘Neighbours should sort things out instead of going to court.’ (15 marks)

The police do not make laws; they The part of the justice system that we are most likely to
enforce them. Their job is encounter is the police. Whist other countries have
The person who brings a case toto protect
a civil court is
the public, arrest lawbreakers and national police forces accountable to a government
called the claimant. The person accused of
department and minister, in the UK the police are
doing bring
wrongthem before
is called thethe courts. In some
defendant.
organised on a regional basis.
civil cases, the claimant sets out to sue the
defendant. If the claimant wins, the defendant In 2012, a new role was established called Police and
willStop
haveand
to give the claimant money, which is
search: Crime Commissioners which were directly elected posts
known as damages. to be in charge of and accountable to the public for the
 A police officer may stop and workings of the police in local force areas.
search any person or vehicle for
stolen articles or prohibited The police force is organised by a ranking system that
articles. progresses from police constable to a chief constable.
 A police officer must have The force is predominantly made up of police constables.
 The tern the judiciary means ‘the system of judges’ used in our legal system. In the UK, there are
three distinct legal systems (one each for England and Wales, Scotland, and Northern Ireland). Our
membership of the Council of Europe and the European Union means that UK citizens can take
some cases to the courts of these bodies after they have exhausted all the avenues of appeal
available in UK courts.

The judiciary is a section of the state that is responsible for the settlement of legal issues. The
judiciary examines issues and cases where the citizen is accused of breaking the law and has to
make a judgement as to whether or not they have. After a determination of guilt has been made,
the judiciary determines the sentence to be given.

Most judges have worked for at least 10 years as a

barrister, but a few solicitors also become judges.
In a jury trial, it is the jury that decides if the
Magistrates are also
accused is guilty referred
or not, but the to judge
as justices
who of the
peace (JPs). the
determines Theysentence.
are citizens from the local
community who volunteer to administer justice in All solicitors must pass law exams
Seniorlocal
their judges (who sit inCourt.
Magistrates’ the higher
They docourts) are very
not have to because, among other things, they can
powerful.
have a legalThey don’t make
background, aslaws; Parliament
training does
is provided once give legal advice to people who have to
that. are
they If there is an argument
selected. about appear
Advertisements how a lawin the go to court. Some solicitors also speak in
should
local be interpreted,
press for people toit apply
is the to
senior
becomejudges who court on behalf of their clients.
decide.
magistrates. They sit as a ‘bench’ made up of three
If an offender is given a community
magistrates. They can also sit alongside a district
sentence, they will work with a local Barristers undergo a long legal training
judge. All criminal cases start in a Magistrates’ Court. Check your understanding:
probation officer. Probation officers are too, but they spend most of their time
The most serious cases are referred to the Crown 1. What do judges do in trials where there is a
professionally qualified. They write court in court representing their clients. They
Court. jury? (1the
mark)
reports on offenders and supervise them are only lawyers qualified to speak
in the community when they’ve been 2. What in all typesdo
powers of senior
court. judges have? (2 marks)
sentenced. 3. What is the difference between a barrister and
a solicitor? (2 marks)
Central to any justice system within a democracy are Juries are groups of twelve citizens, randomly
the support and involvement of its citizenry. There selected from the local electoral register. They
has been a long tradition of citizen involvement in have been shortlisted to hear a case in a court
the justice system in the various parts of the United located in their own area. They jointly determine
Kingdom. Whilst one may think about jury service the verdict of the case, making a decision based
which is seen as a civic duty, there are numerous on the facts and evidence, in consultation with the
other ways citizens can take part in the justice judge on rules of law. Juries are normally expected
system: to reach a unanimous verdict, but judges can
allow them to reach a majority verdict with one or
As magistrates dispensing justice locally two jurors disagreeing with the majority. There
As members of tribunals resolving issues have been concerns in recent years about those
called for jury service trying to opt out for a range
Becoming special constables working alongside their of reasons. The government has now tightened up
local police force both the reasons why some groups of people can
Citizens can apply to become members of official The special constable is a trained volunteer who
be excluded and a person’s ability to try to not
tribunals which
Becoming a member deal ofwith specific complaints
a Neighbourhood Watch and works with and supports their local police. Special
take part if called for jury service.
issues. One of the best known is an Employment
scheme constables can come from any walk of life. They
Tribunal which deals with problems relating to work volunteer
A Ministry forofa Justice
minimum of four hours
spokesperson a week
said: ‘Jury to
Standing for election as a Police and Crime
and employment contracts. Tribunals can advertise their localispolice
service one offorce.
the most important civic duties
Commissioner.
Check your understanding:
either for lay members or for those with a specialist that anyone can be asked to perform. It has
background to serve. Local authorities also set up Once they have completed their training, they have
Those
1. who
How witness
many peoplecrimeserve
or areon a victim
a jury?of(1crime
mark) served us well for hundreds of years and
panels to deal with issues like school admission the same powers as regular police officers and wear
also
2. have a role
State twoto play to
groups ofensure
peoplethe whojustice
are not system continues to deliver justice across the country
Check your understanding:

1. Explain how a citizen can participate in

the legal system. (5 marks)
2. Explain the role of a Police and Crime
Commissioner. (2 marks)
3. What is a special constable? (1 mark)

CivilThe legalhave
courts system
beendistinguishes
the standard between
way of civil lawdisputes
solving and but,
In ita is often not
criminal casethe best
the trialsolution.
is held inSome
a Magistrates
criminal law and has distinct legal pathways for
problems are dealt with by tribunals and others might go through Court theforsmall
minorclaims court.
matters or the Crown Court for
resolving the differing cases. Criminal cases are more serious offences. The CPS brings criminal
If abrought
civil case
oninvolves
behalf ofa the
claim of less
state thanthe
against £10citizen
000, itfor
will be heard in a small claims court. About 90 000 cases
cases.
a year are heard
breaking in these
the law of the courts.
land. Civil cases relate to
disputes between individuals or organisations and In a civil case, the claimant – the person seeking
Tribunals are often used to resolve work-based problems, although there are tribunals in many other fields,
are resolved by the award of damages. damages – must provide proof and the judge
such as asylum and mental health issues. They are less formal than courts but produce rulings that are legally
decides the outcome ‘on the basis of probability’.
 Many government agencies and professional
organisations have an ombudsman, who makes
Alternate Dispute Resolution refers to the
decisions when people think they have been treated
following methods of resolving a dispute:
badly. If you think a bank has behaved badly, you
negotiation, mediation, conciliation and
would go to the financial ombudsman. Ombudsman
arbitration. Agreements reached in this way can
work in a range of areas e.g. health service, local
then be lodged with a Court.
government, legal services and housing.
Negotiation is when parties involved discuss
Ombudsman are independent, free of charge and
issues and compromise or make a decision
unbiased – they don’t take sides with either the
about how the issues can be resolved.
person who is complaining or the organisation being
complained about. Advantages of negotiation:

You usually have to go through the organisation’s  Very informal

complaints procedure before going to the  No cost
ombudsman, so it can take a long time. If an  Private
Check yourfinds
ombudsman understanding:
that your complaint is justified,
they will recommend what should be done to put Disadvantages of negotiation:
1. Which court deals with most civil cases? (1
things right. An ombudsman, can’t force an
mark)  The parties involved may not be able to
organisation to go along with the recommendations,
2. Define the term claimant. (1 mark) make a decision or compromise.
but they almost always do.
3. Explain what is meant by the term
mitigating factors. (2 marks)

Essay question:

‘Courts should be friendlier places.’ (15 marks)

In mediation parties discuss disputes with a neutral third Conciliation is used to help to resolve disputes but
party known as a mediator. The mediator does not plays a more active role than a mediator, e.g. they
disclose their own opinion but instead acts as a facilitator might suggest grounds for a possible compromise.
who helps the parties reach their own agreement.
Advantages of conciliation:
Advantages of mediation:
 Much cheaper than litigation
 Much cheaper than courts  It is entirely private
 Parties reach their own agreement so likely to  Good success rate.
last longer than settlements that are forced on
Disadvantages of conciliation:
them.
 Process may not lead to a settlement and
Disadvantages of mediation:
so parties may have to litigate anyway
 The process may not lead to a settlement.  Can put pressure on claimants to settle in
 The process is not binding. employment cases and mean that they
might accept a lesser settlement than a
Arbitration is the process where parties agree to have their dispute heard by a private arbitrator who will make a binding
decision. Many commercial contracts contain clauses which say the parties will use arbitration to settle any disputes.

Advantages of arbitration:

 Can be cheaper than courts

 Decisions are binding and can be enforced by courts
 Parties can choose their own arbitrator
 Quicker than court proceedings.

Disadvantages of arbitration:

 No state funding for arbitration

 Professional arbitrator’s fees can be high, so may be as expensive as courts
 Using professional arbitrators and lawyers might cause delays similar to those experienced in the court system.

Here are some examples of costs for online mediation through

the government’s Department of Justice.

Amount you are Fees for each side Length of session

claiming
£5000 or less £50 + VAT 1 hour
£100 + VAT 2 hours
£5000 to £15000 £300 + VAT 3 hours
£15000 to £50000 £425 + VAT 4 hours

Check your understanding:

1. What sort of issues can be taken to a tribunal? (2 marks) Essay question:

2. What does a mediator do? (2 marks)
3. What advantages does mediation have over going to ‘Going to court is an expensive waste
court? (3 marks) of time.’ (15 marks)
4. Give one advantage and one disadvantage of going to an
ombudsman. (2 marks)
5. What is conciliation? (2 marks)
6. Give one advantage of conciliation. (1 mark)
7. Give one disadvantage of conciliation. (1 mark)
8. Explain arbitration and its advantages and disadvantages.
(4 marks)

Many young people who end up in court come from troubled backgrounds or have difficulty with
education for a variety of reasons. The number who appear in court has fallen steadily, but the group
who end up in custody are very likely to reoffend.
 The aim of the youth justice system is to try to prevent young people from ending up in trouble, but it

The criminal law and the UK court system If you commit an offence which is not serious
realise that young people, between the ages of enough for trial, you will receive a caution.
10 and 17, should be treated differently from The Youth Offending Team will assess your
adults. needs and decide on a programme of
rehabilitation and education. The team is
If you are arrested before you are 18, the made up of people from the police, probation,
police must try to contact your parent, health, education and children’s services.
guardian or carer. You cannot be questioned
without having an ‘appropriate adult’ with you.
This includes a parent, guardian, carer, social
worker, family member, friend or volunteer If the offence is serious, you will be sent for trial in a
who is over 18. youth court. You will be referred to the Youth Offending
Team. The team will go on working with you when you
are sentenced.

A youth court differs from adult courts.

 There is no jury.
 The public is not allowed in.
 A parent or guardian must be there.
 Offenders are called by their first name.
Sentences for young offenders: The sentence given will take into account:
If the offence is very serious, such as rape or murder, a
 Discharge – either absolute or with conditions.  The
young offender’s trialage of the
would offender
begin in a youth court, but
 Custodial sentence – a young offender aged  The seriousness of the crime
the case would be tried in a crown court.
from 12 to 17 years may receive a Detention and  Whether the offender has a criminal
Training Order lasting between 4 months and 2 record
years.  Whether the offender pleaded guilty or
 Fines – if under 16, parents pay the fine. not guilty.
 Referral orders – the young offender attends a
youth offender panel to agree a contract for The court takes into account any aggravating or
three months or up to a year. The young mitigating circumstances before it passes
offender agrees to abide by certain rules to sentence. The press is allowed to report the
avoid more serious punishment. This may case but not the name of the accused, their
involve restorative justice. address or school, or information relating to any
 Youth rehabilitation orders – the young offender other young person involved in the case.
commits to rehabilitation for up to three years.
The conditions can include a curfew, unpaid
work, drug rehabilitation and education. Check your understanding:
 Under 10 – a Local Child Curfew will be imposed,
1. What is the aim of the youth justice
which means the offender must be at home
system? (2 marks)
between 9pm and 6pm unless with an adult.
2. Why is it important to keep young people
They will be referred to the Youth Offending
out of prison? (2 marks)
Team.
Once a young person becomes involved 3. Explain how
thethe youth justice system is
 For the most serious offences – the in offending, they will be involved
young with Youth Justice System.
This was set up as a result of the Crime and of
Disorder different from the adult system. (4 marks)
offender receives long-term detention up to Act 1998. Its aim is to prevent young people offending
and reoffending. 4. What sentences can be given to young
14 years.
people? (6 marks)
The Act required local councils, education and children’s services, 5. the What
police,isthe
theprobation
purpose ofservice, andjustice
the youth
health services to set up youth offending team (YOTs). system? (2 marks)
There are 157 YOTs in England and Wales and each relates to a local authority area.

Is crime increasing in society? (7-8)

7. Crime and society

 Factors affecting crime rates in society, including issues around the recording of
crime and reasons for re-offending.
 Strategies to reduce crime, including through prevention, protection and
punishment.

8. Sentences and punishment

 Types of sentence and punishment, including prison, community payback and
restorative justice; how these are determined for different offences; debates about
the purpose and impact of different types of punishment.
 Once people have been in trouble with the police, they
are much more likely to reoffend, particularly if they
have been in prison.

 47 per cent of people leaving prison reoffend

within a year.
 58 per cent of people on short sentences
reoffend in a year.
 70 per cent of under 18s leaving prison reoffend Check your understanding:
in a year. 1. What do the official crime
People in prison often lose contact with their families. statistics tell us? (3 marks)
They generally have poor education or mental health 2. What problems are there in
Theproblems
graph above produced have
and therefore by thedifficulty
Office for National
fitting back Statistics
into (ONS) on behalf ofcollecting data about
the government crime?
shows the (3
number of recorded
everyday offences
life. People in thousands
on short sentences from October
get less 2013 to September 2015.
help to marks)
put theirarise
lives from
back aonchart
tracklike
when 3. Why do for
youEngland
think people think
Two issues thisthey
whenare in prison criminality.
discussing The Crime Survey
crime decline
is rising?
and Wales
because there isn’t time. shows a steady in(2 marks)
violent crime over
Firstly, these figures relate to ‘recorded crime’: that is, those crimes that theeach
last regional
20 years.police force records. Policy
There is a growing view that prisoners should be given
on which crimes to record, especially less serious crimes, can vary from force to force. Secondly, there is a need to
seemore
theseresponsibility
figures in thetocontext
help them deal with
of society as athe world
whole, Violentimpinging
where the likelihoodof crimes crime rates have
upon thefallen by
ordinary
outside
citizen can prison.
vary according to a range of differing factors, such as age, where you more
live,than
timehalf since
of day, peaking
social life, in the
etc.
mid-1990s.
From the chart it is also possible to see that the ONS places crimes into different categories.
 Homicide has Most
shownofathese
generalare self-
explanatory. The Crime Survey for England and Wales (CSEW), which is victim-based and relates
downward to people’s
trend since 2002/03.
experiences
Are the figures of crime, identifies the following categories of specific crime types:
accurate?  In 2015, the number of sexual
offences was the highest recorded by
TheOfficeViolent crime – Statistics
for National violence against
recordsthe person;
crime which
falling, but can range from murder, manslaughter or knife attack to
the police since 2002/03.
the policecommon
say it’sassault.
rising. Who’s right?  There was a 5 per cent decrease in
 Hate crime – any criminal offence which is perceived by the victim or any person, to be motivated by
gun crime in one year.
The evidence
hostility or prejudice, based upon race, religion/faith, sexual orientation, disability or gender.
 Offences involving knives or sharp
 Sexual offences and intimate personal violence – these are recorded as two groups:
 There is evidence which says that fewer people instruments fell by 2 per cent in one
1. Rape
have been treated in hospital for injuries resulting year.
2. Other sexual offences.
from violent crime.
 Robbery – an offence in which force or the threat of force is used eithertotal
In 2015, during or immediately
crime rose becauseprior to theft
cybercrime
 Homicide is unlikely to be under-reported. Murders
or attempted theft. was included for the first time. The data is
are currently shown to be lower than in 1977.
 Theft offences – involve burglary, offences against vehicles owners, theft
affected byfrom
suchthe person,
changes bicycle
almost theft,
every year.
 Sexual offences have probably been under-reported
shoplifting and all other theft offences.
in the past, but people are now more willing to
 Criminal damage and arson – defined as intentional or malicious damage to the home, other property or
come forward.
vehicles.
 The Crime Survey of England and Wales does not
 Fraud – is an act of deception intended for personal gain or to cause a loss to another party and includes
collect data on crimes against businesses.
things like using another’s credit card and internet and insurance deception.
 The police used to under-record crime because it
 Anti-social behaviour – includes: nuisance, rowdy or inconsiderate neighbours, vandalism, graffiti and fly
made them look better and there was uncertainty
posting, street drinking.
about what they should record. They have been
 Environmental damage – includes littering, dumping of rubbish and abandonment of cars, prostitution
told to improve the way they record crimes – so the
related activity, begging, misuse of fireworks.
figures have risen. This was particularly true of
 Other crimes – including drug offences, possession of weapons and public order crimes.
sexual offences.
In 2012, a government-sponsored report entitled In 2009/10, a quarter of all crimes
Prisoners’ Childhood and Family Backgrounds looked at were committed by people under
the past and present family circumstances of 1435 the age of 18.
newly sentenced (in 2005 and 2006) prisoners. It
examined their childhood and family background, their Another report has revealed that
current family relationships, and associations between young offenders committed more
background/family characteristics and reoffending. than a million crimes in a single year.
These accounted for half of all
It found that many prisoners had problematic robberies, and one in three
backgrounds: burglaries.

 24 per cent stated that they had been in care at The Home Office research paper on
some point during their childhood. youth crime showed the youngsters
 Many prisoners had experienced abuse (29 per commit a ‘disproportionate’ amount
cent) or had observed violence in the home (41 of crime, as under 18’s makes up a
per cent) as a child. tenth of the population but are
 37 per cent of prisoners reported having family responsible for 23 per cent of
members who had been convicted of a non- offences.
motoring criminal offence, of whom 84 per cent
had been in prison, a young offenders’
institution or borstal.
 18 per cent of prisoners stated that they had a
family member with an alcohol problem, and 14
per cent with a drug problem.
 59 per cent of prisoners stated that they had
regularly played truant from school, 63 per cent
had been suspended or temporarily excluded,
and 42 per cent stated that they had been
permanently excluded or expelled.

There is some debate about the best way to deal with crime and criminals. Some people want to lock
people up and throw away the key, but others look for effective ways of preventing people reoffending
or getting involved in the first place.

By improving the environment, opportunities for crime can

People who commit crimes often have
be reduced. Better lighting on streets and in hidden corners
deprived family backgrounds and poor
of shopping centres or housing all help. By reducing access
education. There is a strong link between
to drugs, alcohol and weapons, people are less likely to have
children who have experienced abuse
the opportunity or desire to commit crimes. Distracting
and neglect and future crime, so support
young people by engaging them in enjoyable activities –
for families and schools in deprived
 Reducing the chance of people getting away Keeping people in touch with their families
with their crimes is a strong deterrent. This can when they are in prison and helping them to
be done by having more police and community find work when they leave both help people
schemes. By developing a stronger trust in our not to reoffend. Rehabilitation programmes
legal system – or the rule of law – and concern while they are in prison also help.
for communities, fewer people are likely to
offend. Since many prisoners suffer from drink and
drugs problems, it is important to give them
proper support.

People often assume that the death penalty will reduce crime, but research in the USA shows that
murder is as common in states with the death penalty as in those without it.

Prison does protect people from crime, but it also makes people more likely to reoffend – especially
young people and adults with short sentences.

Suspended sentences work well because offenders are told that if they offend again in a given time
period, they will go to prison. Community sentences are also effective because people continue to live
in the community and can be given training or rehabilitation to help them sort out their lives. These
sentences are considered by some people to be a soft option, but they are much more successful at
reducing reoffending.

Fines are less effective than suspended sentences and community orders, probably because they are
a one-off payment without any follow-up.

Check your understanding:

Essay question:
1. How can communities help reduce crime? (2
marks) ‘If crime is falling, the government doesn’t
2. What strategies may help to reduce crime? need to spend so much money on policing.’
(4 marks) (15 marks)
3. What types of problems can lead to an
individual committing crime? (4 marks)

The Criminal Justice Act of 2003 stated that there were five purposes of sentencing:
  Determinate sentences – this is the most common type of prison sentence where the court
sets a fixed length for the prison sentence. Prisoners do not always serve their full sentence
as they are allowed to serve some of their sentence in the community on licence. If they
breach the licence, they return to prison. Their release depends upon their behaviour in
prison. If they have been sentenced to six months in prison, they can be released after three
months and be on licence for nine months. Sentenced to eighteen months they can be
released after nine months and be on licence for three months. In 2014, 90,871 offenders
were given determinate sentences.
 Suspended sentences – if the court imposes a custodial sentence of between fourteen days
and two years, the judge can decide to suspend the sentence for up to two years. The court
will require the offender to undertake other tasks such as:
 Doing unpaid work
 Being subject to a curfew
 Undertaking treatment regarding drugs or alcohol abuse
 Being subject to a supervision order.

If the offender does not comply or commits another offence, the earlier offence is taken into account
when sentencing. In 2014, 91,313 offenders were given a custodial sentence, about 8 per cent of all
court sentences.

Non-custodial sentences:

 Fines – monetary fines are the most common type of sentence. In 2014, 70 per cent of all offenders received
a fine, 853,335 in total. Since March 2015, both Magistrates’ Courts and Crown Courts have powers to set
unlimited fine levels.
 Community sentences – these sentences combine punishment with activity. The offender may be required to
meet any of twelve requirements:
 Up to 300 hours unpaid work
 Attending appointments
 Attending a programme about their behaviour
 Prohibited from doing some activities
 Keeping to a curfew
 Exclusion from certain places or areas
 Required to be resident at a certain address
 No foreign travel allowed
 Drug treatment
 Alcohol treatment
  Ancillary orders – in addition to any of the
above sentences, a court may apply
additional orders. These aim to redress the
harm caused by the offender: for example, a
compensation order. In the case of death by
dangerous driving, the offender must also be
disqualified from driving for at least two
years. There are a variety of these orders
available to a court: Essay question:
- Criminal behaviour orders
‘Giving someone a community service means
- Compensation orders
just letting them off.’ (15 marks)
- Confiscation orders
- Deprivation orders
- Disqualification from driving
- Drink banning orders
- Financial reporting order
- Football banning order
- Parenting order
- Restraining order
- Serious crime prevention order
- Sexual harm prevention order

 Discharge – these are given for less serious

offences such as minor theft. The court can
give an absolute discharge, where no
punishment is required, or a conditional
discharge, which means if another crime is
committed they can be sentenced for the
first and the new offence. In 2014, 78,255
people were given a discharge.

Check your understanding:

1. Explain the five purposes of sentencing. (5 marks)

2. What is meant by the term custodial? (2 marks)
3. State two types of prison sentences available to a court. (2 marks)
4. Explain what is meant by a determinate sentence. (2 marks)
5. What is the most common type of non-custodial sentence? (1 mark)
6. State two ancillary orders. (2 marks)
7. Explain the difference between an absolute discharge and a conditional discharge. (4 marks)
How does one judge the effectiveness of sentencing? One way is to look at the behaviour of offenders
once they are released from prison.

Recent figures show that one in four criminals reoffend within a year, committing 500,000 offences
between them. Over half these offences were committed by people who had been in prison at least
eleven times.

Recently a think-tank, Civitas, argued that lengthening prison sentences for burglary and fraud would
reduce offending. NACRO, a prison reform group, said in response that longer sentences just delay the
reoffending. It argues that the state needs to rethink its approach. If a burglar is sentenced to prison
for twelve months, the cost to the taxpayer is more than £40,000. It argues that a community-based
programme with 80 hours unpaid work would cost £4200. It says that sending someone to prison has
an impact on their employment and their family. It points out that more than 70 per cent of male
prisoners suffer from two or more mental health issues and two-thirds of male prisoners have a
reading age of 11 years or lower.

Check your understanding:

1. What is meant by the term reoffend? (1 mark)

2. What do recent figures show us about reoffending? (2 marks)
3. What does NACRO, a prison reform group, say about longer prison sentences? (2 marks)
4. What problems do NACRO argue prisoners suffer? (2 marks)

NACRO = National Association for

the Care and Resettlement of