Chapter 5
The UK government, the law and your role
The unwritten constitution, the monarchy, both Houses of Parliament, elections and voting, the devolved administrations, international institutions, the courts and police, tax and driving, and taking part in your community.
Test yourself on this chapterThe development of British democracy
Democracy gives the whole adult population a say, directly or through chosen representatives. Britain at the start of the 19th century did not qualify: MPs were elected, but only property-holding men over 21 could vote. The franchise — how many hold the right to vote — widened across the century as parties began recruiting ordinary members. The Chartists pressed six demands in the 1830s and 1840s: a vote for every man; annual elections; equality between regions in the electoral system; secret ballots; the right of any man to stand as an MP; and salaries for MPs. Judged a failure then, most of it was law by 1918. Women over 30 came in that year, men and women over 21 in 1928, and the age dropped to 18 for both in 1969.
Testable facts
- Under democracy the whole adult population has a say in government
- At the turn of the 19th century only men over 21 who owned a certain amount of property could vote
- The franchise means the number of people who had the right to vote
- In the 1830s and 1840s the Chartists campaigned for six changes
- The Chartists wanted every man to have the vote and elections every year
- The Chartists wanted all regions to be equal in the electoral system and secret ballots
- The Chartists wanted any man to be able to stand as an MP and for MPs to be paid
- By 1918 most of the Chartists' reforms had been adopted
- In 1918 the voting franchise was extended to women over 30
- In 1928 the franchise was extended to men and women over 21
- Men and women alike could vote from 18 once the age was lowered in 1969
The British constitution
A constitution sets out the principles by which a country is run — the institutions that do the running, the checks on their power, and the laws and conventions around them. Britain's is called unwritten because no single document holds it: there has never been a revolution here that permanently replaced the system of government, as in America or France, so the major institutions grew up over centuries. Whether to codify it is argued both ways, one side wanting a single document, the other valuing the flexibility and better government they see in leaving it uncodified. The principal parts: the monarchy; Parliament, meaning Commons and Lords; the Prime Minister; the cabinet; the judiciary, that is the courts; the police; the civil service; local government. Devolved governments in Scotland, Wales and Northern Ireland legislate on certain matters as well.
Testable facts
- A country is governed by a set of principles, and that set is its constitution
- Institutions that run the country, and the checks upon their power, both fall within a constitution
- The British constitution is not written down in any single document and is therefore described as unwritten
- No revolution here has ever permanently replaced the system of government, as happened in France or America
- Some people believe there should be a single constitutional document, while others believe an unwritten constitution allows for more flexibility and better government
- The main parts of government in the UK are the monarchy, Parliament, the Prime Minister, the cabinet, the judiciary, the police, the civil service and local government
- Powers to legislate on certain issues rest with devolved governments in Wales, Scotland and Northern Ireland
The monarchy
Constitutional monarchy means the monarch reigns without ruling: the government is the one voters chose, and the monarch appoints it. Head of state here, and head of state for many Commonwealth countries too. Whoever leads the party holding most MPs — or leads a coalition of several — is invited to become Prime Minister. Meetings with the Prime Minister happen regularly, and the monarch may advise, warn and encourage; policy itself is decided by the Prime Minister and cabinet. Ceremony matters: each year's new parliamentary session opens with a monarch's speech setting out the government's programme for the year, and every Act of Parliament is made in the monarch's name. Abroad, the monarch represents the country, receiving ambassadors and high commissioners, hosting visiting heads of state and making state visits that support diplomatic and economic ties. And because governments and Prime Ministers come and go while the monarch remains, the role supplies continuity and a focus for national identity and pride. The National Anthem is God Save the King, or the Queen under a queen, played at important national occasions and where the monarch or Royal Family attend. New citizens swear or affirm loyalty to the monarch at the ceremony, taking either an oath of allegiance or, avoiding an oath before Almighty God, an affirmation.
Testable facts
- Under constitutional monarchy the king or queen appoints, rather than rules: the government is the one voters chose
- The monarch is the head of state of the UK and is also head of state for many countries in the Commonwealth
- An invitation to become Prime Minister goes to whoever leads the party holding most MPs, or leads a coalition
- Advising, warning and encouraging are open to the monarch in regular meetings with the Prime Minister
- Decisions on government policies are made by the Prime Minister and cabinet
- The monarch opens the new parliamentary session each year with a speech summarising the government's policies for the year ahead
- All Acts of Parliament are made in the monarch's name
- Ambassadors and high commissioners are received, visiting heads of state entertained, and state visits made overseas
- The monarch provides stability and continuity, and a focus for national identity and pride
- The National Anthem of the UK is played at important national occasions and at events attended by the monarch or the Royal Family
- New citizens swear or affirm loyalty to the monarch as part of the citizenship ceremony
- New citizens make either an oath of allegiance or an affirmation of allegiance
The House of Commons and the House of Lords
Parliamentary democracy, worked through constituencies: voters in each choose one MP at a General Election, and those MPs together are the Commons. Party affiliation is the norm, government goes to whichever party holds a majority of MPs, and where none does two parties may combine in coalition. Of the two chambers the Commons ranks higher, its members being democratically elected, and it holds the Prime Minister and nearly all the cabinet. An MP covers one constituency, a small area, and the job runs four ways: representing everyone living there, helping make new laws, scrutinising and commenting on government, and debating national questions. Peers in the Lords are neither elected nor tied to a constituency. Before 1958 every peer was hereditary, a senior judge or a Church of England bishop. From 1958 the Prime Minister could nominate peers for their lifetime only — life peers, usually with substantial careers behind them in politics, business, law or another profession — appointed by the monarch on the Prime Minister's advice, and including nominees of other party leaders and, for non-party peers, of an independent Appointments Commission. Since 1999 hereditary peers have had no automatic seat and elect a handful to speak for them. The Lords is usually the more independent chamber: it proposes amendments and new laws, checks Commons legislation for fitness of purpose, and holds government to account, its specialists useful in the work. Powers exist for the Commons to overrule it, but they are rarely used.
Testable facts
- The UK is divided into parliamentary constituencies, and voters in each elect their member of Parliament in a General Election
- All of the elected MPs form the House of Commons
- The party with the majority of MPs forms the government
- Where no single party takes a majority, two may combine into a coalition
- Being democratically elected is what makes the Commons the weightier of the two chambers
- Nearly all cabinet members, and the Prime Minister, sit in the Commons
- An MP's work: representing everyone in the constituency, helping make laws, scrutinising and commenting on government, and debating national questions
- Members of the House of Lords are known as peers and are not elected by the people
- Peers do not represent a constituency
- Until 1958 all peers were hereditary, or senior judges, or bishops of the Church of England
- Nomination of peers for their lifetime alone — life peers — has been the Prime Minister's power since 1958
- Appointment of life peers is made by the monarch, advised by the Prime Minister
- Non-party peers are nominated by an independent Appointments Commission
- Automatic attendance ended for hereditary peers in 1999, and they now elect a handful to speak for them
- Of the two chambers the Lords is usually the more independent of government
- The House of Lords can suggest amendments or propose new laws and checks laws passed by the House of Commons
- Powers to overrule the Lords exist in the Commons but see little use
The Speaker and elections
The Speaker chairs Commons debates as its chief officer. Party allegiance is set aside on taking the chair, though the Speaker remains an MP with a constituency and constituents' problems like anyone else. Fellow MPs choose the Speaker by secret ballot. The job is order — enforcing the rules, and guaranteeing the opposition time to debate subjects of its own choosing — plus representing Parliament ceremonially. General Elections come at least every five years. A death or resignation triggers a by-election in that constituency alone. The system is first past the post: most votes in a constituency wins it, and government usually falls to whichever party takes most constituencies, with coalition the fallback where none has a majority. Every elected member owes a duty of service and representation to constituents, and MPs, Assembly members and MSPs commonly hold local surgeries where constituents can come and talk in person.
Testable facts
- Debates in the House of Commons are chaired by the Speaker, who is the chief officer of the House of Commons
- Party allegiance is set aside by the Speaker, who nonetheless remains an MP
- The Speaker represents a constituency and deals with constituents' problems like any other MP
- The Speaker is chosen by other MPs in a secret ballot
- The Speaker keeps order during political debates and makes sure the rules are followed
- Time to debate subjects of its own choosing is guaranteed to the opposition by the Speaker
- The Speaker also represents Parliament on ceremonial occasions
- A General Election, at which MPs are chosen, comes at least once every five years
- If an MP dies or resigns there will be a fresh election in his or her constituency, called a by-election
- MPs are elected through a system called first past the post
- Under first past the post the candidate who gets the most votes in each constituency is elected
- Whichever party takes most constituencies usually forms the government
- Local surgeries are held regularly by many MPs, MSPs and Assembly members, so constituents can talk to them face to face
The Prime Minister, the cabinet and the opposition
The Prime Minister leads the party in power, appoints the cabinet and controls many senior public appointments, living officially at 10 Downing Street near the Houses of Parliament with Chequers as a country house. A change can come from the governing party's own MPs or from resignation, and resignation usually follows an election defeat. Around 20 senior MPs are made departmental ministers. Learn three by portfolio: the economy belongs to the Chancellor of the Exchequer; crime, policing and immigration to the Home Secretary; relations with other countries to the Foreign Secretary. Education, health, defence and the rest fall to ministers titled Secretaries of State. Together they are the cabinet, meeting weekly as a committee to take the important policy decisions, many of which Parliament must then debate or approve. Below them, Ministers of State and Parliamentary Under-Secretaries of State handle particular areas of a department's work. Opposition is the title of the second-largest party in the Commons, and its leader is the usual next Prime Minister should that party win. The job is to expose what the party sees as government failure and weakness, with weekly Prime Minister's Questions the set-piece chance, and to appoint senior colleagues as shadow ministers — the shadow cabinet — who challenge the government and offer alternative policies.
Testable facts
- The Prime Minister is the leader of the political party in power
- Cabinet membership is the Prime Minister's to appoint, along with many senior public appointments
- 10 Downing Street, in central London, is the Prime Minister's official home
- The Prime Minister has a country house outside London called Chequers
- Losing a General Election usually brings the Prime Minister's resignation
- Around 20 senior MPs are made departmental ministers by the Prime Minister
- The Chancellor of the Exchequer is responsible for the economy
- The Home Secretary is responsible for crime, policing and immigration
- The Foreign Secretary is responsible for managing relationships with foreign countries
- Other ministers are called Secretaries of State and are responsible for subjects such as education, health and defence
- Meeting weekly as a committee, the cabinet takes the important decisions on government policy
- Each department also has Ministers of State and Parliamentary Under-Secretaries of State
- Opposition is what the Commons' second-largest party is called
- Should their party win next time, the leader of the opposition usually becomes Prime Minister
- Prime Minister's Questions takes place every week while Parliament is sitting
- The leader of the opposition appoints senior opposition MPs to be shadow ministers, who form the shadow cabinet
- The role of the shadow cabinet is to challenge the government and put forward alternative policies
Parties, pressure groups, the civil service and local government
Standing as an MP is open from 18, but winning without a major party's nomination is unlikely: Conservative, Labour, Liberal Democrat, or a party for Scottish, Welsh or Northern Irish interests. A handful of MPs belong to none of them — independents, usually campaigning on something local. Parties actively recruit the public into their debates, funding and election work, keep branches in most constituencies and hold annual policy-making conferences. Pressure and lobby groups try to shape policy and matter politically: some represent a sector, like the CBI, the Confederation of British Industry, speaking for business; others campaign on a subject, Greenpeace on the environment or Liberty on human rights. Civil servants develop and implement policy and deliver public services, answering to ministers; they are appointed on merit, not politically, and their core values are integrity, honesty, objectivity and impartiality, political neutrality included. Locally, democratically elected councils — commonly called local authorities — govern towns, cities and rural areas; some places run both district and county councils with split functions, while most big towns and cities have one authority. Services come from them, paid for by central government money and local taxes. A mayor is often appointed as the council's ceremonial head, though some towns elect one to run the administration outright. The capital has 33 authorities under the Greater London Authority and the Mayor of London, who coordinate across it. Councillor elections happen each May in most areas.
Testable facts
- Anyone aged 18 or over can stand for election as an MP
- The major political parties are the Conservative Party, the Labour Party, the Liberal Democrats, and parties representing Scottish, Welsh or Northern Irish interests
- MPs who do not represent any of the main political parties are called independents
- The main political parties hold policy-making conferences every year
- Pressure and lobby groups are organisations which try to influence government policy
- The CBI, the Confederation of British Industry, represents the views of British business
- Greenpeace campaigns on the environment and Liberty campaigns on human rights
- Civil servants support the government in developing and implementing its policies and deliver public services
- Civil servants are accountable to ministers, are chosen on merit and are politically neutral
- The core values of the civil service are integrity, honesty, objectivity and impartiality
- Democratically elected councils — commonly called local authorities — govern the towns, cities and rural areas
- Some areas have both district and county councils, which have different functions
- Local authorities are funded by money from central government and by local taxes
- A mayor appointed by a local authority is usually its ceremonial head
- Thirty-three authorities cover the capital, coordinated by the Mayor of London and the Greater London Authority
- Councillor elections come round each May in most local authority areas
Devolved administrations
Devolution since 1997 has handed powers down so that Wales, Scotland and Northern Ireland can settle more of what affects them directly. A Welsh Assembly and a Scottish Parliament have existed since 1999, and a Northern Ireland Assembly exists too, suspended on a few occasions. Reserved to Westminster: defence, foreign affairs, immigration, taxation, social security. Devolved: education and much else in public services, each administration running its own civil service. In Wales the government and the National Assembly are in Cardiff — the handbook calls the body the National Assembly for Wales, sitting in the Senedd at Cardiff Bay — with 60 members known as AMs, elected every four years by a form of proportional representation, free to speak Welsh or English, and all publications issued in both. It legislates for Wales across 21 areas, among them health and social services, education and training, housing and economic development, and since 2011 it has needed no agreement from Westminster to do so. Scotland's Parliament, formed in 1999 and sitting in Edinburgh, has 129 MSPs, again by proportional representation, and may legislate on anything not expressly reserved — civil and criminal law, health, education, planning, and further tax-raising powers. Northern Ireland had a Parliament from 1922, when Ireland was divided, until abolition in 1972, three years after the Troubles began in 1969. Its Assembly followed the Belfast, or Good Friday, Agreement of 1998, sharing ministerial offices between the main parties across 108 members called MLAs — members of the Legislative Assembly — elected proportionally, and deciding matters such as education, agriculture, the environment, health and social services. Westminster retains power to suspend any devolved assembly, and has used it in Northern Ireland several times.
Testable facts
- Since 1997 some powers have been devolved from central government to Wales, Scotland and Northern Ireland
- There has been a Welsh Assembly and a Scottish Parliament since 1999
- Policy and laws governing defence, foreign affairs, immigration, taxation and social security remain under central UK government control
- In the handbook the Welsh body is the National Assembly for Wales, meeting in the Senedd in Cardiff Bay
- The National Assembly for Wales has 60 Assembly members, known as AMs
- Elections to the National Assembly for Wales are held every four years using a form of proportional representation
- Members of the National Assembly for Wales can speak in either Welsh or English
- The National Assembly for Wales has the power to make laws for Wales in 21 areas
- Westminster's agreement has not been needed for Welsh laws on those topics since 2011
- The Scottish Parliament was formed in 1999 and sits in Edinburgh
- There are 129 members of the Scottish Parliament, known as MSPs, elected by a form of proportional representation
- The Scottish Parliament can legislate on civil and criminal law, health, education, planning and additional tax-raising powers
- A Northern Ireland Parliament was established in 1922 but was abolished in 1972
- The Troubles broke out in 1969
- 1998's Belfast Agreement — the Good Friday Agreement — was shortly followed by the Northern Ireland Assembly
- The Northern Ireland Assembly has 108 elected members, known as MLAs, members of the Legislative Assembly
- The Northern Ireland Assembly can make decisions on education, agriculture, the environment, health and social services
- The UK government has the power to suspend all devolved assemblies
- The devolved administrations each have their own civil service
Voting, standing for office and visiting Parliament
Fully democratic voting dates from 1928 and the present age of 18 from 1969, and with few exceptions every UK-born and naturalised adult citizen may vote. The franchise extends to Commonwealth and Irish citizens resident here, who may vote in all public elections. Your name has to be on the electoral register first; registering means contacting the electoral registration office at your local council. The register is refreshed each September or October, when every household receives a form to complete and return listing everyone resident and eligible. Northern Ireland instead uses individual registration, each eligible person filing their own form. Every local authority must let anyone inspect its register, supervised. Voting happens at polling stations, called polling places in Scotland; a poll card arrives beforehand with the location and date, and doors are open from 7.00 am to 10.00 pm. Staff ask your name and address — in Northern Ireland photographic identification is required too — and then hand over a ballot paper to complete privately in a booth. The choice is yours alone and nobody may compel it. Where reaching a polling station is difficult, a postal ballot can be arranged. Standing for public office is open to most UK, Irish and Commonwealth citizens of 18 or over, barring some — serving members of the armed forces, civil servants, and people convicted of certain criminal offences. Peers may not stand for the Commons but are eligible elsewhere. The public may hear debates free of charge from the galleries of both Houses at the Palace of Westminster. Proceedings are televised and printed in the official reports called Hansard. The press is free of government control over what it prints, and the law obliges balance in radio and television coverage of the parties, with equal time for rival views.
Testable facts
- The UK has had a fully democratic voting system since 1928
- The present voting age of 18 was set in 1969
- All public elections are open to adult UK citizens, and to resident citizens of Ireland and the Commonwealth
- Your name must appear on the electoral register before you can vote in a parliamentary or local election
- The electoral register is updated every year in September or October
- In Northern Ireland a system called individual registration operates, and all those entitled to vote must complete their own registration form
- Inspection of the electoral register must be allowed to anyone by law, under supervision
- People vote at places called polling stations, or polling places in Scotland
- Before the election you will be sent a poll card telling you where your polling station is and when the election will take place
- On election day the polling station is open from 7.00 am until 10.00 pm
- In Northern Ireland you have to show photographic identification at the polling station
- Which candidate you vote for cannot be forced on you by anyone
- If it is difficult to get to a polling station you can register for a postal ballot
- Public office is open to most citizens of the UK, Ireland or the Commonwealth from the age of 18
- Members of the armed forces, civil servants and people found guilty of certain criminal offences cannot stand for public office
- Peers are barred from standing for the Commons, though eligible for every other public office
- Galleries in both Houses at the Palace of Westminster are open to the public free of charge
- Television carries proceedings in Parliament, and Hansard is the official printed report
- The UK has a free press, which means that what is written in newspapers is free from government control
- Balance is required by law of radio and television coverage of the parties, rival viewpoints receiving equal time
The UK and international institutions
Four bodies, four sets of numbers. The Commonwealth: countries supporting one another towards shared aims in democracy and development, most once part of the British Empire though a few were not, currently 54 members, with the monarch as ceremonial head. Membership is voluntary, there is no power over members beyond suspending them, and its core values are democracy, good government and the rule of law. The Council of Europe: 47 members including the UK, charged with protecting and promoting human rights among them, unable to make law but drafting conventions and charters — the best known being the European Convention on Human Rights and Fundamental Freedoms. The United Nations: over 190 member countries, created after the Second World War to prevent war and promote international peace and security, with a 15-member Security Council recommending action in international crises and threats to peace, of which the UK is one of five permanent members. And NATO: European and North American countries pledged to help one another under attack, and to keep peace among themselves.
Testable facts
- Countries supporting one another towards shared aims in development and democracy make up the Commonwealth
- Empire membership lies behind most Commonwealth states, though a few that were never part of it have joined
- The monarch is the ceremonial head of the Commonwealth
- The Commonwealth currently has 54 member states
- Membership of the Commonwealth is voluntary
- Suspending a member is as far as the Commonwealth's power over them goes
- Democracy, the rule of law and good government are the Commonwealth's core values
- The Council of Europe has 47 member countries, including the UK
- The Council of Europe is responsible for the protection and promotion of human rights in its member countries
- The Council of Europe has no power to make laws but draws up conventions and charters
- The best-known convention of the Council of Europe is the European Convention on Human Rights and Fundamental Freedoms
- The United Nations has more than 190 countries as members
- Preventing war and promoting international peace and security were the aims behind founding the United Nations after the Second World War
- There are 15 members on the UN Security Council
- The UN Security Council recommends action when there are international crises and threats to peace
- The UK is one of five permanent members of the UN Security Council
- European and North American countries pledged to come to one another's aid if attacked make up NATO
Criminal and civil law
Knowing and obeying the law is among the first duties of everyone living here, and the law treats every person equally regardless of who they are or where they come from. Two branches. Criminal law covers crimes, normally investigated by police or another authority such as a council and punished by the courts. Civil law settles disputes between individuals or groups. Criminal examples: carrying any weapon at all, even for self-defence — guns, knives, anything made or adapted to injure; selling or buying drugs such as heroin, cocaine, ecstasy and cannabis; causing someone harassment, alarm or distress over their religion or ethnic origin; selling tobacco to under-18s; smoking tobacco in nearly any enclosed public place, where signs mark the restriction; selling alcohol to under-18s or buying it for them, the single exception being that 16-year-olds and over may drink it with a meal in a hotel or restaurant; and drinking in an alcohol-free zone, where police may confiscate drink, move young people on, fine or arrest. Civil examples: housing law, covering landlord and tenant disputes over repairs and eviction; consumer rights, such as faulty goods or services; employment law, covering wages, unfair dismissal and workplace discrimination; and debt, where owing money can end in court.
Testable facts
- Every person in the UK receives equal treatment under the law
- Crimes fall under criminal law and are normally investigated by police, or by another authority such as a council
- Civil law is used to settle disputes between individuals or groups
- Carrying any weapon at all is a criminal offence, self-defence being no excuse
- Heroin, cocaine, ecstasy, cannabis: buying or selling any of them is illegal here
- Causing harassment, alarm or distress over someone's religion or ethnic origin is a criminal offence
- It is illegal to sell tobacco products to anyone under the age of 18
- Smoking tobacco is unlawful in nearly any enclosed public place here
- Selling alcohol to an under-18, or buying it on their behalf, is a criminal offence
- With a meal in a hotel or restaurant, alcohol may be drunk from the age of 16
- Some places have alcohol-free zones where you cannot drink in public
- Repairs, eviction and similar landlord and tenant disputes fall under housing law
- Consumer rights cases include disputes about faulty goods or services
- Wages, unfair dismissal and workplace discrimination are the stuff of employment law cases
- People might be taken to court if they owe money to someone
The police and their duties
Three duties define the job: protecting life and property, preventing disturbances — keeping the peace — and preventing and detecting crime. Forces are separate, each under a Chief Constable, and independent of government. England and Wales first elected Police and Crime Commissioners in November 2012: directly elected, answerable for an efficient and effective force matched to local needs, setting local priorities and the policing budget and appointing the Chief Constable. The service helps and protects everyone whatever their background or wherever they live. Officers are bound by the law themselves — no misusing authority, no false statements, no rudeness or abuse, no racial discrimination — and corruption or misuse of authority is punished severely. Police community support officers back them up, their duties varying by area but generally street patrol, work with the public, and support at crime scenes and major events. Everyone here is expected to help prevent and detect crime where they can. Arrest brings two entitlements at the station: being told why, and access to legal advice. Where something goes wrong the complaints system exists to put it right, and a complaint can be made at any police station, in writing to the force's Chief Constable, or to an independent body.
Testable facts
- Three police duties: protecting life and property; preventing disturbances; preventing and detecting crime
- Preventing disturbances is also known as keeping the peace
- Separate forces, each under its own Chief Constable, are how the police are organised
- The police are independent of the government
- In November 2012 the public first elected Police and Crime Commissioners in England and Wales
- Police and Crime Commissioners set local police priorities and the local policing budget
- Police and Crime Commissioners appoint the local Chief Constable
- Officers are bound by the law too — no misuse of authority, no false statement, no rudeness or abuse, no racial discrimination
- Corruption, or misuse of authority, brings severe punishment for officers
- Street patrol, work with the public, and support at crime scenes and major events are the usual duties of police community support officers
- Helping police prevent and detect crime, wherever they can, is expected of everyone here
- On arrest at a station you must be told why, and may seek legal advice
- A complaint about the police may be made at any station, or in writing to the force's Chief Constable
The courts
Judges — the judiciary — interpret the law and keep trials fair, beyond government interference. Where they hold a government action illegal, the government must change policy or ask Parliament to change the law; where a public body has failed someone's legal rights, they can order changed practices, compensation, or both. Disputes between people or organisations also come to them. Minor crime: a Magistrates' Court in England, Wales and Northern Ireland, a Justice of the Peace Court in Scotland. Magistrates and JPs come from the local community, work unpaid without legal qualifications in England, Wales and Scotland, are trained and advised by a legal adviser, and settle both verdict and sentence; Northern Ireland instead uses a paid, legally qualified District Judge or Deputy. Serious crime: a Crown Court before judge and jury in England, Wales and Northern Ireland; in Scotland a Sheriff Court with a sheriff, or a sheriff and jury, and the gravest cases such as murder in a High Court with judge and jury. Juries are drawn at random from the local electoral register — 12 members in England, Wales and Northern Ireland, 15 in Scotland — and a summons must be answered unless you are ineligible, for instance through a criminal conviction, or offer a good reason such as ill health. The jury weighs the evidence and returns guilty or not guilty, with not proven available as a third Scottish verdict; on a guilty verdict the judge sets the penalty. Accused aged 10 to 17 in England, Wales and Northern Ireland normally go to a Youth Court before up to three specially trained magistrates or a District Judge, the gravest cases to the Crown Court; parents or carers must attend, the public is excluded, and the young person's name and photograph may not be published. Scotland uses the Children's Hearings System and Northern Ireland youth conferencing. Civil disputes — money owed, personal injury, family matters, breach of contract, divorce — go to County Courts, or in Scotland mostly the Sheriff Court; bigger claims reach the High Court in England, Wales and Northern Ireland and the Court of Session in Edinburgh. Small claims offer an informal route without a lawyer, for claims under £10,000 in England and Wales and under £3,000 in Scotland and Northern Ireland, heard by a judge in an ordinary room with both sides round a table. Solicitors are the trained lawyers who advise, act and appear in court for clients.
Testable facts
- Interpreting law, and keeping trials fair, is the work of judges — the judiciary
- The government cannot interfere with the judiciary
- Where a public body has failed someone's legal rights, judges may order changed practices, compensation, or both
- Minor crime goes to a Magistrates' Court in Northern Ireland, England and Wales
- A Justice of the Peace Court takes minor criminal offences in Scotland
- Magistrates and Justices of the Peace are members of the local community and usually work unpaid without legal qualifications
- Northern Ireland gives minor criminal cases to a paid, legally qualified District Judge or Deputy
- Judge and jury in a Crown Court try serious offences in Northern Ireland, England and Wales
- Scotland's serious cases go to a Sheriff Court, before a sheriff alone or a sheriff with a jury
- Murder and the gravest Scottish cases go to a High Court, before a judge sitting with a jury
- Members of the public drawn at random from the local electoral register make up a jury
- Twelve jurors sit in England, Wales and Northern Ireland; fifteen in Scotland
- A jury summons must be answered unless you are ineligible or offer a good reason to be excused
- In Scotland a third verdict of not proven is also possible
- On a guilty verdict from the jury, the penalty is the judge's to set
- In England, Wales and Northern Ireland an accused person aged 10 to 17 is normally heard in a Youth Court
- Youth Courts exclude the public, and neither the accused young person's name nor their photograph may be published
- Children and young people who have offended are dealt with in Scotland through the Children's Hearings System
- County Courts deal with civil disputes including money owed, personal injury, family matters, breaches of contract and divorce
- Bigger civil claims reach the High Court in Northern Ireland, England and Wales, and Edinburgh's Court of Session in Scotland
- Small claims cover under £10,000 in England and Wales, and under £3,000 in Scotland and Northern Ireland
- Advising on legal matters, acting for clients and appearing for them in court is the work of solicitors, who are trained lawyers
Fundamental principles and equal opportunities
Individual rights and essential freedoms have a long British history, rooted in Magna Carta, the Habeas Corpus Act and the 1689 Bill of Rights. British diplomats and lawyers helped draft the European Convention on Human Rights and Fundamental Freedoms, which the UK was among the first to sign, in 1950. Its principles include life; freedom from torture; freedom from slavery and forced labour; liberty and security; a fair trial; thought, conscience and religion; and expression, meaning speech. The Human Rights Act 1998 brought the Convention into UK law, binding government, public bodies and courts to its principles. Unfair treatment is barred across life and work on grounds of age, disability, sex, pregnancy and maternity, race, religion or belief, sexuality and marital status. Violence and brutality at home is serious crime: prosecution follows for anyone violent to a partner, man or woman, married or cohabiting, and a husband who forces his wife to have sex can be charged with rape. Refuges or shelters offer safe places in some areas, and a 24-hour National Domestic Violence Freephone Helpline operates. Female genital mutilation — cutting, or female circumcision — is illegal, as is taking a girl or woman abroad for it. Marriage requires the full and free consent of both people: an arranged marriage both parties agree to is acceptable, while forced marriage, where consent is absent or impossible, is not, and forcing someone to marry is a criminal offence. Forced Marriage Protection Orders arrived in 2008 for England, Wales and Northern Ireland and in November 2011 for Scotland; a potential victim or someone acting for them may apply, and breaching an order can bring up to two years in jail for contempt of court.
Testable facts
- Three roots for British rights: Magna Carta, the Habeas Corpus Act, and 1689's Bill of Rights
- Drafting the European Convention on Human Rights and Fundamental Freedoms owed much to British lawyers and diplomats
- The UK was one of the first countries to sign the European Convention on Human Rights in 1950
- Principles in the European Convention on Human Rights include the right to life and prohibition of torture
- The European Convention on Human Rights includes prohibition of slavery and forced labour and the right to liberty and security
- The European Convention on Human Rights includes the right to a fair trial and freedom of thought, conscience and religion
- UK law absorbed the European Convention on Human Rights through the Human Rights Act 1998
- Courts, public bodies and government alike are bound by the Convention's principles
- Unfair treatment is barred on grounds of sex, age, disability, race, religion or belief, sexuality, marital status, and pregnancy and maternity
- Brutality and violence in the home is a serious crime in the UK
- Anyone who is violent towards their partner, whether a man or a woman, married or living together, can be prosecuted
- A husband who forces his wife to have sex may be charged with rape, as may any man
- Safe places for people facing domestic violence are called refuges or shelters
- Female genital mutilation, also known as cutting or female circumcision, is illegal in the UK
- Practising female genital mutilation or taking a girl or woman abroad for it is a criminal offence
- Both people must give full and free consent for a marriage
- Where both parties agree to it, an arranged marriage is acceptable here
- Consent absent or impossible makes a marriage forced, and forcing someone to marry is a criminal offence
- England, Wales and Northern Ireland gained Forced Marriage Protection Orders in 2008
- Similar Protection Orders were introduced in Scotland in November 2011
- Breaching such an order can mean up to two years in jail for contempt of court
Taxation, driving and your role in the community
Income tax falls on wages, self-employment profits, taxable benefits, pensions, and income from property, savings and dividends, and pays for services such as roads, education, police and the armed forces. Most people never handle it: employers deduct the right amount and pass it to HM Revenue & Customs, the collecting department, under Pay As You Earn. The self-employed use self-assessment instead, completing a tax return, as do some others. National Insurance Contributions are owed by almost everyone in paid work, self-employed included, and fund state benefits and services such as the state retirement pension and the NHS; employers deduct them for employees, while the self-employed pay their own. Fall short and certain contributory benefits go — Jobseeker's Allowance, a full state pension — and low earnings may cost part-time workers statutory payments such as maternity pay. Your National Insurance number is a unique personal account number keeping contributions and tax recorded against your name, and arrives shortly before a young person's 16th birthday. Driving needs a licence and a minimum age of 17 for a car or motor cycle, with a test covering knowledge and practical skills; mopeds start at 16, and larger vehicles have their own ages and tests. A licence runs to age 70, then renews three years at a time. Northern Ireland requires an 'R' plate for a restricted driver through the first year. A foreign licence lasts 12 months here. Residents must register the vehicle with the DVLA, pay annual vehicle tax, and hold valid motor insurance — driving uninsured is a serious criminal offence — and anything over three years old needs an annual MOT. On community life, the shared values and responsibilities run: obey and respect the law; know and respect others' rights; treat others fairly; behave responsibly; help and protect your family; respect and preserve the environment; treat everyone equally whatever their sex, race, religion, age, disability, class or sexual orientation; work to provide for yourself and your family; help others; and vote in local and national elections. Jury service comes to people on the electoral register, selected at random, aged 18-70 or 18-75 in England and Wales. School governors, or school board members in Scotland, must be 18 or over when elected or appointed, with no upper limit, and have three key roles: setting the school's strategic direction, ensuring accountability, and monitoring and evaluating performance. Other routes in include volunteering with the police as a special constable or lay representative, applying to be a magistrate, and giving blood, which takes about an hour.
Testable facts
- Income tax in the UK is paid on wages from paid employment, profits from self-employment, taxable benefits, pensions, and income from property, savings and dividends
- Roads, education, police and the armed forces are among the services income tax pays for
- HM Revenue & Customs is the government department that collects taxes
- The system by which employers take the right amount of income tax from employment income is called Pay As You Earn
- Self-assessment, with a tax return to complete, is how the self-employed pay their own tax
- National Insurance Contributions are owed by almost anyone in paid work here, self-employed included
- State benefits and services — the NHS, the state retirement pension — are funded from National Insurance Contributions
- Fall short on contributions and certain contributory benefits go: a full state retirement pension, or Jobseeker's Allowance
- Shortly before a young person's 16th birthday a National Insurance number arrives
- Seventeen is the minimum age for driving a car or motor cycle here, and a licence is required
- Riding a moped starts at 16
- A licence runs to age 70, then needs renewing every three years
- Northern Ireland requires an R plate from a newly qualified driver for the first year after passing
- A licence from another country may be used in the UK for up to 12 months
- Residents must register a car or motor cycle with the Driver and Vehicle Licensing Agency
- It is a serious criminal offence to drive without insurance
- If a vehicle is over three years old it must be taken for an MOT test every year
- Shared values and responsibilities include obeying and respecting the law and treating others with fairness
- Jury service can fall to anyone on the electoral register aged 18-70, or 18-75 in England and Wales
- School governors must be 18 or over when elected or appointed, with no limit at the other end
- School governors have three key roles: setting the strategic direction of the school, ensuring accountability, and monitoring and evaluating school performance
- Volunteering with the police can mean becoming a special constable, or a lay representative
- Giving blood only takes about an hour to do