Testing your knowledge Answer the questions below in full sentences. a)What is the standard of proof in criminal cases? b)Who has the burden of proof in.

Testing your knowledgeAnswer the questions below in full sentences.

a) What is the standard of proof in criminal cases?b) Who has the burden of proof in criminal cases?c) Which two courts try civil cases?d) Which two courts try criminal cases?e) What is meant by ‘double liability?’f) What is the standard of proof in civil cases?g) Who has the burden of proof in civil cases?

Homework:

1) Complete both activities on the sheet.2) Create a set of revision notes covering

everything we have covered so far

Human Rights and the English Legal System

Starter: Which countries make up the United Kingdom?

A: England, Scotland, Wales, Northern Ireland

(Great Britain is just England, Scotland and Wales)

Learning Objectives• Describe the relationship between the Human Rights Act 1998 and the European

Convention on Human Rights• Analyse which human rights you think are important and consider examples of how

human rights laws can be effective• S&C: How do you think the European Convention on Human Rights has affected the

English Legal System?

The United Kingdom is a member of all of these organisations

• United Nations Security Council• Commonwealth• NATO• G8• European Union

Pair & Share: What are these organisations and what do they do?

Our main sources of Law are…

European Laws e.g. European Convention on Human Rights or funny Laws about the size and shape of bananas!

World Laws made by the United Nations e.g the UN Declaration on Human Rights (we did this in year 9!)

UK Law (Civil, Criminal and Public)

How does EU Law work?

If UK Law clashes with EU Law, the EU Law should take supremacy

How does EU law affect me?•Studying in another country•Working in another country•Free emergency medical treatment in another country•Cheaper mobile phone tariffs•Environmental laws e.g. cleaner beaches•Workers rights e.g. anti-discrimination, working conditions•Human Rights (European Convention on Human Rights) – goes further than the UN Declaration

European Courts

Most cases go to the European Court of Justice in Luxemburg

Human Rights cases go to the European Court of Human Rights in Strasbourg, France

Question: Why do we have to follow European Law?

Answer: Because we have signed up to be part of the European Union, which means we agree to be bound by EU Law (more about this in the next unit!)

How does EU Law work?

If you disagree with how the EU Law was applied in a UK court, you can

appeal to the European Court of Justice in Luxemberg

How does EU Law work?

If a country fails to follow EU Law, the country can be fined by the

European Commission

So…how does it work? ECJ

Ethel is forced to resign when she reaches 60

She goes to court but UK Law says this is ok as 60 is

the age of retirement

She appeals to the European Court of Justice (ECJ)

ECJ says that because so many other European countries have a higher retirement

age, the UK Law is unfair

Ethel wins her appeal

In your own words, explain

how cases reach the ECJ

You are protected by 3 Human Rights Agreements

Universal Declaration on Human

Rights 1948

European Convention on Human

Rights 1950

Human Rights Act

1998

International Europe United Kingdom

Human Rights

• The Human Rights Act 1998 incorporated the European Convention on Human Rights into our law.

• Important as it affected many areas of English Legal System.

• If you could create a list of rights that you think are fundamental to any Human Being what would that list include? Write them in the manner of the “The right to …”

• You can have 8.13

The ECHR Articles• Article 1 – Respecting rights• Article 2 – The right to life• Article 3 – The right of freedom from torture• Article 4 – The right of freedom from slavery• Article 5 – The right to liberty• Article 6 – The right to a fair trial • Article 7 – The right not to be punished except according to law• Article 8 – The right to privacy for private and family life• Article 9 – The right to freedom of thought, conscience and religion• Article 10 – The right to freedom of expression• Article 11 – The right of freedom of association• Article 12 – The right to marriage• Article 13 – The right to effective remedy• Article 14 – The right to freedom from discrimination • Article 15 – The right to derogation • Article 16 – The right to restrict the political activity of aliens• Article 17 – The right to freedom from abuse of the rights of the convention• Article 18 – Permitted restrictions

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So…how does it work? ECtHREthel is forced to resign when she reaches 60

She goes to court claiming that this is a breach of her Human Rights

The UK court says that the Human Rights Act

doesn’t say anything about the age of

retirement so refers the question to the European Court of Human Rights

(ECtHR)

ECtHR interpret the European

Convention on Human Rights and give their opinion to

the UK courtThe case goes back to the UK court to be

tried again

How is this different to the ECJ?

Answer: The ECJ makes its own judgment which is binding to the

individual.

The ECtHR just makes a recommendation and sends it back to

the UK court to decide

Explain this in your own words

Effect on English Law

• Before the HRA 1998 a person would have to complain to the ECtHR.

• If the UK found in breach it did not have to do anything if it did not want to.

• But now since HRA people can rely on these rights through our courts.

• Also some changes to our legal system to incorporate these rights. As you see some of the main changes see if you can distinguish which articles the area of law deals with:

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Note taking

• Note taking is a vital skill – particularly if you want to go to University.

• It is not about writing down everything on the page.

• But you must have enough information to make sense of.

• Read pages 8-11 and take notes. Take a note of the page number in the margin.

Effect on English Law

• Civil Cases – appeal for small claims where non existed before.

• Criminal trials – Children being tried in Crown Court were not to be treated like adults and court procedure changed to make process less formal.

• Sentencing – Minimum tariffs used to be set by the Home Secretary, now set by judges.

• Judicial appointment – Changed from 3 years to 5 years (shorter periods made judges less independent from government).

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Plenary

• Individually decide if you think that the UK is better or worse off because of EU membership. (2 minutes)

• Share your thoughts with the person next to you and discuss why you think you are right. (1 minute)

• On your table come up with a group consensus. (1 minute)

• Vote (Whole Class)

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