This chapter, which examines the organisation and delivery of policing, begins considering the ‘crisis’ of policing and suggests that some current concerns have a lengthy pedigree of their own. It then explores the breadth of the police mandate and distinguishes the activities of ‘the police’ from broader aspects of social regulation that might be thought of more widely as ‘policing’. The chapter discusses: the history and development of the police in England and Wales; an organisational map of policing; police accountability and governance; diverse policing and the policing of diversity; and policing strategies.
Chapter
Anne Logan
This chapter provides an overview of the major themes in the history of crime and punishment in England and Wales over the last 250 years. It discusses the usefulness of historical research in this field and the research methods employed by historians; some salient features of the history of crime, criminal justice, and punishment; and aspects of criminal justice history that can assist in the understanding of contemporary issues and debates. The chapter demonstrates that the nature of crime and criminal justice at any given time can only be understood within the period's specific political context.
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This chapter introduces the concept of the trust in England. It explains that the trust is a core element of Equity and its nature and function has developed over time. It discusses the fundamental principles relating to the trust, the classification of different types of trust, and identifies the rights and interests associated with them. This chapter suggests that, while many of the essential components of the modern commercial trust can be traced back to the medieval use, the context in which the trust arises today is completely different, and this has had a significant impact on the development of the contemporary law of trusts.
Chapter
Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter examines the development of the legal profession in the UK. It discusses lawyers as professionals; the importance of legal services and their regulation; the legal profession in England & Wales; the role of ethics in lawyers’ work and the changing face of the legal profession within society.
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This chapter presents the idea that criminals can be distinguished from the rest of the population by some unusual physical or biological characteristic that renders them inferior. Havelock Ellis cites a law in medieval England that stated that ‘If two persons fell under suspicion of crime, the uglier or more deformed was to be regarded as more probably guilty.’ When Socrates was on trial, a study of his face conducted by a physiognomist was ordered; this showed that he was cruel and inclined to drunkenness. Physiognomy, which is the assessment of character from facial features, in due course, gave way to phrenology. Phrenology held that the workings of the mind are related to the shape of the brain and skull and that measurement of bumps on the skull can provide an indication of personal characteristics.
Chapter
This chapter introduces the concept of the trust in England. It explains that the trust is a core element of Equity and its nature and function has developed over time. It discusses the fundamental principles relating to the trust, the classification of different types of trust, and identifies the rights and interests associated with them. This chapter suggests that, while many of the essential components of the modern commercial trust can be traced back to the medieval use, the context in which the trust arises today is completely different, and this has had a significant impact on the development of the contemporary law of trusts.
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This chapter examines the history of the common law tradition. The best explanation for the existence of a common law tradition is the historical accident, or chance, of the military conquest of England by the Normans. As a result of this historical accident, the first discernible state came into being in Europe, with defined boundaries and a central government.
Chapter
Trevor Jones
This chapter, which considers some key themes within policing research, begins by discussing the definition of ‘policing’, and its growth as a focus of political concern and criminological enquiry. It outlines the organization and structure of policing in England and Wales. The chapter then examines what the police actually do in practice; provides an overview of some contrasting models of policing; and explores several key debates within the policing literature.
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This chapter is an overview of the legal cultures within the UK as they relate to environmental law. The focus here is on England, but the scope of analysis is across the UK and includes discussion of the devolved regions. The purpose of the chapter is to give the reader not only a general overview of the main features of these cultures but also to highlight much of its complexity. In particular, the uniqueness of much of UK environmental law means that one must be wary of transplanting ideas and assumptions about environmental law from other jurisdictions. The chapter thus begins with a basic discussion of legal culture.
Book
Richard Card and Jill Molloy
With a reputation for being a thorough introductory text on the substantive criminal law in England and Wales, this book remains popular with lecturers and students. Carefully developed coverage ensures that the book helps with the advancing of understanding of the key principles governing criminal law. Designed for use on undergraduate courses and diplomas in law, discussion of statutory provisions and case law as well as hypothetical examples and key point summaries guide the reader through the technicalities of this aspect of law. This twenty-second edition has been updated to take account of all the recent changes within the criminal law field, including the recent Supreme Court decision of Jogee, and now contains questions at the end of each chapter.
Chapter
Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter examines the development of the legal profession in the UK. It discusses the importance of lawyers to the Rule of Law, and the role of lawyers as professionals. It identifies the range of lawyers and their roles. It then examines the nature of legal services in England & Wales, and their regulation. The chapter then looks at the central role of ethics in lawyers’ work, and the implications of this priority. The chapter identifies changes to the legal profession—changes driven by the wider worlds of politics, society and technology.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter first considers demographic data on family relationships in England and Wales, and then examines the treatment of ‘trans’ people in this area of family law; and the history of legal recognition of intimate relationships between parties of the same gender, culminating in same-sex marriage and ensuing debates about the future of civil partnership. This is then followed by discussions of status-based relationships (marriage and civil partnership); creating a valid marriage or civil partnership; grounds on which a marriage or civil partnership is void; grounds on which a marriage or civil partnership is voidable; and non-formalized relationships (cohabitants and other ‘family’).
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This book focuses on substantive criminal law, that is, how offences such as theft and murder are defined. This introductory chapter sets in context criminal offences and defences, first by considering the basis upon which certain conduct is criminalised and other conduct is not. In continuing to set the context, the chapter goes on to consider criminal justice and criminology; criminal evidence; criminal process (including the court structure and central actors); sentencing; civil law protections; and so on. Narrowing to our focus on substantive criminal law—how offences and defences are defined—the chapter moves on to discuss the sources of criminal law; the internal structure of offences and defences; principles of the substantive criminal law; and the subjects to which it applies. Finally, the chapter introduces features on reform and legal application.
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This chapter examines multilevel governing within the UK. It is organized around three levels of governing: national, regional, and local. For most of the twentieth century, Great Britain (England, Wales, and Scotland) formed a centralized political unit, with policymaking and law-making being led by the UK government and the UK Parliament. There was devolved government in Northern Ireland from 1922, but this was brought to an end by the UK government in 1972 amid mounting civil unrest and paramilitary violence. At the local level, there are more than 400 local authorities throughout the United Kingdom. These vary considerably in size, both in terms of their territorial area that they cover and their populations.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Parochial Church Council of the Parish of Aston Cantlow, Wilmcote with Billesley v Wallbank [2003] UKHL 37, House of Lords. The underlying substantive issue in this case was the question of whether the Wallbanks were liable to pay for the repair of their local parish church. However, this case note focuses on the definition of public authorities under s. 6 of the Human Rights Act 1998 (HRA). Public authorities are required to act in accordance with the HRA, and the Wallbanks contended that the Parochial Church Council was a public authority within the meaning of s. 6. The document also includes supporting commentary from author Thomas Webb.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This introductory chapter provides an overview of the English legal system (ELS). The study of ELS involves the study of the legal system of both England and Wales; Scotland and Northern Ireland are subject to a separate, yet connected legal system. These four countries are subjected to the laws of the UK; however, each individual constituent has devolved powers allowing them to legislate in particular areas. Where a conflict between laws of the UK and laws of the constituent country arises, the UK law takes precedence. The effect of devolution from the UK to Scotland, Wales, and Northern Ireland does not affect this parliamentary supremacy. Indeed, it has been argued for some time that devolution of power has not gone far enough in allowing Scotland or Northern Ireland to govern themselves.
Chapter
Steve Uglow
This chapter, which examines the role of the criminal justice system in England and Wales, begins with a short overview of the system as a whole, followed by individual sections on its main components. These include the police, the Crown Prosecution Service, the courts, the sentencing and the correctional system, the youth justice system, and the right of appeal.
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Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter focuses on the measurement of crime. The first part discusses the statistics collected by the police, considering the reasons for the reporting and non-reporting of offences; police recording of crimes; and other official effects on crime statistics. The second part considers the ‘dark figure of crime’, i.e. criminal activity in England and Wales that is not covered by criminal statistics. Many criminologists have tried to assess the size of the dark figure. The three methods used are estimates (or guesses), self-report studies, and victim surveys.
Chapter
Alisdair A. Gillespie and Siobhan Weare
This chapter provides an introduction to the English Legal System. Specifically, it explains the meaning of the terms ‘English’, ‘legal’, and ‘system’. It first provides an overview of the constituent parts of the United Kingdom of Great Britain and Northern Ireland, namely England, Wales, Scotland, and Northern Ireland. It describes the types of law that exist and attempts to define what law is. It then discusses the English legal system, which is based on common law and is an adversarial system.
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This chapter discusses the structure of the UK and devolution. It first sketches the constitutional history of the UK, presenting a brief outline of events that led to its creation, that is, the union of England, Wales, Scotland, and Northern Ireland. The chapter then examines the issue of devolution, which has been particularly important to the people of Scotland and Wales. The key provisions of the devolution legislation enacted in 1998 and more recent legislative developments are reviewed. The chapter concludes by considering the agreements between the UK Government and the devolved administrations in Scotland, Wales, and Northern Ireland, in particular the Memorandum of Understanding, and the devolution provisions in the European Union (Withdrawal) Act 2018 which facilitated Brexit.
