CHAPTER 5 The British law and justice

A. Criminal and civil law Criminal law deals with wrongs (dlis, comportements dviants) affecting the community, and for which a prosecution (poursuite) may be brought in criminal courts. Then civil law is concerned with deciding, disputes of conflicts between two or more parties. For example between individuals, or Companies and other or Companies between them. The essential difference is that in civil proceedings you don't have to punish but to obtain compensation whereas in criminal proceedings, some sentences of imprisonment can be made. The distinction is not precise. The different court of justice may be classified as criminal courts and civil courts but in England and Wales, and also in northern Ireland, magistrate's courts has both a civil and criminal jurisdiction, they have competences in those two domains (competent ds les 2 domaines). The sheriff courts in Scotland have the same rights. However the court of trial and the rules of procedure and evidence are different in civil or criminal cases. When you have a trial (process) there is a judge and a jury. The jury is generally composed of 12 people unless in Scotland it is composed of 15 members. The persons accused can benefit from the assistance of a lawyer called council for the defense. And of course the victim can have his own council : a council for prosecution. The death penalty is the punishment of death for crimes like murders and it hasn't been reform in GB since 1965. In France the death penalty has been enforced under President Vigo, under Pompidou, and D'Estaing. It was abolished in 1981, but with the Parliament, without asking the French people what their opinion was about. Like in GB in France 50% is for and 50% is against the death penalty. 12/11/10 B. Criminal Law in England and Wales

When someone is arrested, the Crown Prosecution Service (CVS) decides whether there are enough evidences for the case to go to Court. 2 cases arise : - Enough evidence, the case is sent for the trial - Not enough : the case is suspended and the person is released. When there is enough evidence, a Crown court is met with the judge and a jury composed of 12 people. If the accused is recognized guilty by the jury, the judge decides a sentence. Justice of the peace in GB, en France jusqu'en 1973 on fait de ces gens-l des avous. Mais en 2013 (ou 2003) il n'y aura plus d'avous, seulement des avocats. In GB we have a person at the top of the high judiciary concerning justice : the law chancellor. He or she is the head of the judiciary, and sits as the member of the judicial Committee in the House of Lords. He also presides over the House of Lords in its legislative capacity and he belongs to the Cabinet. 1

The second most important person is called the Home Secretary (ministre de l'intrieur). He has all responsibility for criminal laws, the police service, the prison system, the probation services, and also for advising the Crown on the exercise on the royal prerogative of mercy. (un rle de conseil au niveau de la reine ou du roi quand le prisonnier demandait grce.) The third important persons are the Attorney General (avocat gnral) and the Solicitor General who represent the government, and the public ministry. C. Criminal law in northern Ireland and in Scotland In NI person who is accused go to a criminal court but there is a distinctive court of appeal. (Une court d'appel distinct en Irelande du Nord). Scotland has a special court system. The Scotts has an equivalent of the French "juge d'instruction" and the procurator fiscal. The procurator fiscal is a magistrate in charge of saying if there is enough evidence or not. If there are enough evidences in Sc the accused is sent to the high court of judiciary. There is a judge and a jury but in Sc 15 people on the Jury. Less serious crimes are heard in a sheriff court. The sheriff is generally a trained lawyer, and appeals from the sheriff court go to the high court of judiciary. D. European sources The process of justice in GB like in France has been complicated for years by European sources. The EC law applies in the UK and comes from the EC treaties from the community legislation and from the European court of justice. The European court of justice is the ultimate authority in justice under the treaty of to decide points of EC law. Consequently when a point arises with the difficulty before a French court it must refer the point of law to the court of justice for it to decide, and often a national court is obliged to make a reference to the EC court of justice. The decisions of the Court of justice do not directly blind national courts, but treaties make it composer for a state to up law EC law. British court, French court are obliged to apply EC law even if it implies not to apply the provision of an act of parliament. EC law is over an act of Parliament. E. European convention on human rights The European convention of human rights is an international treaty, containing a statement of some basic human rights such as a right to life, prohibition of torture, a right to a fair trial (procs equitable), a right to respect for family, and a right to respect for private life. It is also in favor of freedom of expression and freedom of assembly. 1998 the human rights act was taken. It became effective in the 2 October 2000. It requires all public authorities including courts of law to act in accordance with the conventions provisions. The human rights act enables individuals to bring a claim against the public authority which has acted in compatibly with those rights. A court can not declare invalid an act of parliament which is incompatibly with the convention. But the higher Court may make a declaration in incompatibility. And the final decision is left to parliament. 2

F. countering terrorism In the light of serious terrorist attacks, the British governments view has been to take extraordinary measures because ordinary criminal law is not sufficient to deal with terrorism effectively. A first act to revise the previous decision taken about Ireland was taken in 1999 called the Prevention of Terrorism act. This act must be renew by the parliament each year. The second antiterrorism act is called Criminal Justice Act in 1998. The terrorism act 2000, introduces permanent UK wide counterterrorism legislation. The first decision is the adoption of a new definition of terrorism which extends to domestic terrorism, Irish terrorism, and international terrorism. The new definition includes ideological and religious motivation for terrorist acts. It introduced in British law a new offence of inciting terrorist act abroad from within the UK. Finally the British decided to give stronger power to the police for dealing with terrorist fund raising. Last decision make is called the RIPA regulation of investigatory powers act 2000. Cellule pour surveiller le telephone et les e-mails. This act provides for the closer regulation of telephone taping, the regulation of surveillance and the regulation of encryption (dcodage des messages sur internet) Law must be respected. One of the aims of the act is to ensure that law enforcement of operations are consistent with the European convention on human rights and with the human rights act 1998. Today the British government traditional tolerant and lenient policy in religious matters is being questioned to face a mortal menace of the public security of European citizens.