PHYSICAL OR NATURAL PERSONS
All human beings are 'persons' under English law. One of the most important concepts of English law is that all persons within the realm, including aliens, have rights and are subject to certain duties.
In English law legal personality generally attaches to a human being at birth and ends at death.
Nationality is of great importance in the field of public law. Thus, British subjects enjoy universal franchise, i.e. the right to vote at local and Parliamentary elections. Aliens in Great Britain have no such right. They are subject to certain restrictions concerning entry into the United Kingdom and employment after entry; furthermore they must register certain particulars with the police. Citizens of the European Union, however, have a right to freedom of movement within the State and are not subject to the same restrictions as other aliens.
Apart from these requirements, English law treats aliens in much the same way as ordinary British subjects: for example, they are subject to the same rules of criminal law and the same laws of tort and contract.
The British Nationality Act, 1981 divides citizenship into three classes:
(I) British citizenship. A person seeking to enter the United Kingdom discharges the burden of proving British citizenship by producing a British passport.
(II)British Dependent Territories citizenship, conferred upon citizens of a number of specified countries, e.g. Bermuda. Note that from 1 July 1997 Hong Kong was removed from the list of dependent territories.
(III) British Overseas citizenship — a residual category. British citizenship may be acquired in the following ways:
(I) By Birth in the United Kingdom to a parent who is a British citizen or who is settled in the United Kingdom, or who becomes a British citizen or becomes settled in the United Kingdom.
(II) By Adoption under an order made by any court in the United Kingdom authorizing the adoption of a minor who is not a British citizen.
(III) By Descent: i.e. birth outside the United Kingdom to a parent who is a British citizen by birth, adoption, registration or naturalization (not by descent).
(IV)By Registration. Any minor may apply for British citizenship, which is granted at the Home Secretary's discretion. Persons who are British Dependent Territories citizens, or British Overseas citizens or British subjects or British protected persons may apply after satisfying periods of residence in the United Kingdom. There is a special entitlement for British Dependent citizens who are nationals of the United Kingdom for the purposes of the EEC (in practice, Gibraltarians).
(V) By Naturalization. Any person may apply to the Secretary of State for a certificate of naturalization. The conditions of grant (which is at the discretion of the Home Secretary) are that the applicant must be of full age and capacity, of good character, have sufficient knowledge of the English, Welsh or Scottish Gaelic language, and have satisfied residence requirements and intend that the United Kingdom will be their home. The Secretary of State must give notice as to the nature of any objections so as to allow representations when refusing an application.
(VI) By Marriage. An alien woman who immediately before commencement of the Act was the wife of a citizen of the United Kingdom and Colonies may acquire British citizenship if she chooses to do so by registration within five years provided the marriage subsists.
(VII) By Statute. The British Nationality (Hong Kong) Act,
1997 came into force on 19 March 1997 and conferred British Citizenship on persons who are ordinarily resident in, or have a qualifying connection with, Hong Kong.
British citizenship may be lost by:
(I) Renunciation. This is effected by a person of full age and capacity making a declaration of renunciation, which must be registered with the Home Secretary. Any person who has married is deemed to be of full age. A person who has renounced British citizenship in order to retain or acquire some other citizenship or nationality may resume it but this right can only be exercised once.
(II) Deprivation. This applies only to citizens who acquired citizenship by naturalization or by registration, and may be ordered by the Home Secretary for serious misconduct, e.g. criminal acts.
So far we have been dealing with British citizens and aliens. A third group of persons, known as British Protected. Persons, must be mentioned. These are members of those territories described as Protectorates, Protected States or Mandated or Trust Territories and declared as such by an Order in Council. These territories no longer exist but some persons continue to hold protected person status. This status does not, of itself, allow residence in Britain but enables civil employment under the Crown. Citizenship may be attained by naturalization.
All persons other than Commonwealth citizens, British protected persons and citizens of the Republic of Ireland are aliens. The following general restrictions apply to aliens:
(I) They may not vote at local or Parliamentary elections.
(II) They may not become Members of Parliament.
(III) They may not work in the United Kingdom unless specially permitted.
(IV) They must register with the police and notify changes of address to them.
(V) They are liable to deportation if they engage in crime.
Domicile is a concept distinct from nationality. Thus a person may be a British subject and yet be domiciled, for example, in France.
Domicile defines the legal relationship between an individual and a legal system of territory. The concept of domicile, under English law, involves two elements: (I) actual residence; and (II) animus manendi, i.e. the intention to remain in that place or country. Where these two elements co-exist a person is said to have a domicile in that country.
First we must note that under English law it is an inflexible rule that (I) every person must possess a domicile, and (II) no person can have more than one domicile.
There are three classes of domicile:
(a) Domicile of origin. This domicile attaches at birth. A legitimate child takes the domicile of the father; an illegitimate child that of its mother. A foundling (deserted infant without known parents) acquires the domicile of the place where found.
A domicile of origin cannot be entirely lost or extinguished. If a Person with a «domicile of choice» abandons his or her present domicile, the domicile of origin revives and attaches to them until they acquire a new domicile.
(b) Domicile of choice. Where a person of full age and capacity establishes their home in a country with the intention of remaining there permanently (such country being different from their last domicile), they are regarded as acquiring a domicile of choice.
(c) Domicile of Dependent Persons. (I) Minors take the domicile of their parent as at (a) above. Children may take their mother's domicile instead of their father's where the spouses are separated and the children make their home with their mother. (II) A woman who marries normally acquires her husband's domicile immediately on marriage. However, under the Domicile and Matrimonial Proceedings Act, 1973; a married woman is now capable of acquiring a domicile independent of her husband. This statute also states that a person is capable of acquiring an independent domicile when they attain the age of sixteen.
THE SYSTEM OF GOVERNMENT
What is the Government? The Government is the management of the country. The Government makes the important decisions, e. g. about foreign policy, education, or health, but all these decisions have to be approved by Parliament. If Parliament thinks that a particular Government policy is against the public interest, then it can force the Government to change its mind.
State Organs of the United Kingdom include the monarchy, the legislative, executive and judicial organs of Government.
The monarchy is the most ancient institution in the United Kingdom, with a continuous history stretching back over a thousand years. The monarchy is hereditary. Queen Elizabeth II, who succeeded to the throne in 1952, is the head of the judiciary, the commander-in- chief of the armed forces of the Crown and the temporal head of the established Church in England. Her Majesty's Government governs in the name of the Queen who must act on the advice of her ministers.
Parliament is the legislative organ of the United Kingdom.
What do we mean by Parliament? The Parliament of the United
Kingdom consists of the Queen (hereditary monarch), the House of Lords (almost 1300 unelected members or peers) and the House of Commons (659 elected Members of Parliament). All three combine to carry out the work of Parliament.
The House of Lords is still a hereditary body. It consists of the Lords Temporal and the Lords Spiritual. The House of Lords is presided over by the Lord Chancellor who is the chairman of the House.
The House of Commons is an elected and representative body. Members are paid a salary and an allowance. The Speaker of the House of Commons is elected by the members of the House immediately after each new Parliament is formed.
The Government consists of approximately 100 members of the political party which has the majority of seats in House of Commons.
What does Parliament do? Making laws (legislations).
The Queen, Lords and Commons all have to agree to any new law which is passed.
Examining the work of Government. Both the Lords and the (Commons examine the work of the Government on behalf of the public. They do this by asking the Government questions, by debate and through committees of inquiry.
Controlling finance. Only the House of Commons can give permission for the Government to collect taxes. The House of Commons decides what taxes shall be collected and how the money shall be spent.
Protecting the individual. Members of Parliament (Members of the House of Commons) protect the rights of the individual. Each Member of Parliament represents the people of a certain area. Britain is divided into 659 of these areas, known as constituencies.
Hearing appeals. The House of Lords is a Court of Justice, the highest Court of Appeal in Britain.
* Executive. The Government consists of the ministers appointed by the Crown on the recommendation of the Prime Minister. The Prime minister is appointed directly by the Crown and is the leader of the political party which has a majority of seats in the House of Commons. The Prime Minister is the head of the Government, he is always a Member of the House of Commons. He consults and advises the Monarch on government business, supervises and coordinates the work of the various ministers and departments in the House of Commons. He also makes recommendations to the Monarch on many important public appointments.
The most senior members of the Government are known as the Cabinet. The Cabinet is the nucleus of the Government. All major decisions of the Government are made by the Cabinet, and therefore it is the Cabinet which forms Government policy.
Who chooses the Cabinet? Members of the Cabinet are chosen by the Prime Minister. The majority of the members of Mr Blair's Cabinet are drawn from the House of Commons. Nevertheless there are always a few members from the House of Lords. All the members of Mr Blair's Cabinet belong to the Labour Party. The Labour Party gained the right to form a Government by winning the general election in May 1997. Mr Blair, the leader of the Labour Party, became Prime Minister. He selected a team of Ministers to serve in his Government. A Cabinet must be large enough to include senior ministers. There is no limit on the size of the Cabinet but the number of salaried Secretaries of state is limited to 21. Cabinet meetings are usually held on a Thursday morning in the Cabinet room at 10 Downing Street.
What happens when there is a change in Government?
During the last 27 years there have been eight general elections. Four of these resulted in a change of Government.
1970 Conservatives took over from Labour.
1974 Labour took over from Conservatives.
1979 Conservatives took over from Labour.
1997 Labour took over from Conservatives.
On each of these occasions the ministers in each Department changed. Ministers of the winning party took over from those of the loosing party. The two main parties have very different ideas - for example, about education, housing and industry.
Departments and ministers are run by civil servants, who are permanent officials. Even if the Government changes after an election, the same civil servants are employed.
The United Kingdom has no Ministry of Justice. Responsibility for і lie administration of the judicial system in England and Wales is divided between the courts themselves, the Lord Chancellor, and the Home Secretary. The Lord Chancellor is responsible for the composition of the courts, civil law, parts of criminal procedure and law reform in general; the Home Secretary is responsible for the prevention of criminal offences, trial and treatment of offenders and for the prison service.
PARLIAMENTARY ELECTIONS
What is the general election? A general election is when the electors in the country cast their vote for the candidate from the political party of their choice to be the Member of Parliament for the constituency. The political party which wins the most seats in the House оf Commons forms the Government. This is different from a by-election which occurs when a Member dies, retires or is disqualified, and voting takes place only in the constituency without a Member, not throughout the country.
Fair and free elections are an essential part of democracy, allowing the majority of citizens to determine how they want the country to be governed.
The results of the last general election in the United Kingdom were:
1 May 1997
Labour (including Speaker) 419
Conservative 165
Liberal Democrats 46
Ulster Unionist Party 10
Scottish National Party 6
Plaid Cymru (the Welsh National Party) 4
Social Democratic and Labour Party 3
Democratic Unionist Party 2
Sinn Fein (the Catholic Northern Irish Party) 2
United Kingdom Unionist 1
Independent 1
Total 659
Labour majority 177
Turnout 71,5%
Female MPs elected 120
What is a constituency? The United Kingdom is divided into areas which are known as constituencies. You live in a constituency and will register to vote there. You have one vote which you cast for the person who you wish to represent you in Parliament. Through this you also vote for the party which you wish to be in Government. There are 659 constituencies in the United Kingdom.
How often are there general elections? The time between general elections is 5 years. There were 8 years between elections at the time of the First World War and 10 years at the time of the Second World War. About the month before the election the Prime Minister meets a small group of close advisers to discuss the date which would best suit the party. The date is announced to the Cabinet. The Prime Minister formally asks the Sovereign to dissolve Parliament.
General elections are usually held 17 days after the dissolution of Parliament. Thursdays are popular general election days. General elections are often held in either spring or autumn.
What happens on polling day? Each constituency is divided into a number of polling districts, each of which has a polling station. Most polling stations are in public buildings such as schools, town halls or council offices. Voting takes place on election day from 07.00 till 22.00 in each constituency. Voters are sent a polling card in advance. Voting is by secret ballot, and the only people allowed in the polling station are the presiding officer, the polling clerks, the duty police officer, the candidates, their election agents and the voters.
Just before the poll opens, the presiding officer shows the ballot boxes to those at the polling station to prove that they are empty. The boxes are then locked and sealed.
Voting takes place in a booth. The voter marks the ballot paper with a cross in the box opposite the name of the candidate of his or her choice, and folds the paper to conceal the vote before placing it in the ballot box.
The results from each constituency are announced as soon as the votes have been counted, usually the same night. The national result is known by the next morning.
What happens when all of the results are known? When all of the results are known the Queen will usually invite the leader of the party winning the most seats in the House of Commons to be Prime Minister and to form a Government. The Prime Minister will appoint approximately 100 of his MPs to become Cabinet or more junior ministers to form the Government. The second largest party becomes the Official Opposition with a small group of its MPs being chosen to form the Shadow Cabinet. Its leader is known as the Leader of the Opposition. A date will then be announced for the State Opening of Parliament, when the Monarch will officially open the new Parliament.
The House of Lords is unelected Chamber so is not involved in the electoral process. It closes when Parliament dissolves and reassembles for the State Opening of Parliament.
MAKING A LAW
Why do we need laws? We all depend on other people. Even those who live alone depend on others to provide them with heat, light and other services. They generally accept that these services can only be provided if they obey the rules and pay their bills Those of us who live as part of a group, perhaps a family, find that we have to follow unwritten rules which tell us how we should behave towards the other members of our group. At the college your timetable provides one set of rules, telling you which lesson you should be in at a given time. The fire regulations are a different set of rules which could save your life. As well as belonging to a group at home, college or work, we all belong to a national group and have to obey the national rules known as laws.
How Parliament makes Laws? Every year Parliament passes about 100 Laws directly by making Acts of Parliament. Parliament sometimes passes a very general law and leaves a minister to fill in the details. Using the powers given to them by Parliament, ministers become lawmakers themselves.
No new law can be made by Parliament unless it has completed a number of stages in both the House of Commons and the House of Lords. The Queen also has to sign a Bill to show that it has been given the Royal Assent (a formality). Only after the Royal Assent it becomes a new law or Act of Parliament. Before this it is called a Bill. Bills can begin in the House of Lords or the House of Commons, so they can pass through Parliament in one of two ways:
There are two main sorts of Bill: Private Bill and Public Bill. Private Bills deal with local matters and individuals. Public Bills deal with matters of public importance. Important Bills are usually sponsored by the Government. One example of a Government Bill is the Sea Fish (Conservation) Bill of 1992-1993, which affects the amount of time that fishing boats may spend at sea. Although a rather old example, it illustrated well how a Government Bill becomes an Act of Parliament. This particular Bill was introduced into the Commons by the Minister of Agriculture, Fisheries and Food.
This stage is called First Reading. It gives MPs notice that the Bill will soon be coming for discussion. The text is then printed and read by Members in time for the important Second Reading. Here the main purpose of the Bill is explained by the Minister of State responsible for fisheries, and the Bill is debated by the House.
The House then votes to decide whether the Bill should continue its passage through Parliament.
The Bill continues to its Committee Stage where eighteen Members from both Government and Opposition discuss it in detail, considering many possible changes (amendments). This is followed by Report Stage when the committee reports back to the rest of the House.
At the Third Reading stage, the House decided to pass the Bill as a whole. The Bill cannot be changed at this stage - it is either accepted or rejected. Once a Bill has passed its Third Reading in the Commons, one of the Clerks at the Table carries the Bill to the House of Lords.
The House of Lords has the job of reviewing Bills received from the Commons. A different group of people can often see something in a completely different way. The House of Lords often makes changes to Commons Bills. Once both Houses of Parliament have passed a Bill, then it has to go to the Queen for the Royal Assent. After receiving the Royal Assent the Bill becomes an Act of Parliament.
Even after an Act has received the Royal Assent, it may not come into force straight away.
PROSECUTION
The Crown Prosecution Service (CPS). The prosecution of offenders in England and Wales is the responsibility of the Crown Prosecution Service. It was set up in 1986 to prosecute criminal cases resulting from police investigations. The Head of the CPS is the Director of Public Prosecutions (DPP). The CPS handles about 1,4 million cases every year and employs about 6,000 staff. Over 2,000 of these staff are barristers or solicitors. The staff are located in 98 offices throughout England and Wales.
Before 1986, the police investigated crimes, charged suspects and then took cases to court, sometimes using their own, or a local lawyer. This changed under the Prosecution of Offenders Act 1985, which created the CPS and separated the investigation stage from the prosecution stage. Now the CPS makes the decision whether to continue a case and bring to court.
The Prosecution Process. After the Police have investigated a crime and passed the papers to the CPS, one of the lawyers - called a Crown Prosecutor - carefully reviews the papers to decide whether or not to go ahead with the case. The prosecutor's decision is based on the two tests set out in the Code for Crown Prosecutors.
The code is a booklet which sets out the general principles which prosecutors must apply when they decide whether to continue a case.
The two tests set out in the Code are as follows:
Is there enough evidence?
Is it «in the public interest» for us to prosecute?
A case has to pass both these tests before the CPS can start or continue a prosecution. To examine a case, the prosecutor reviews it to see if there is enough evidence to provide a «realistic prospect of conviction». If there is not, and the police say there is no more evidence or none will become available in the nearest future, the case will be stopped there. However, the police can be asked to look at the case again, if more evidence becomes available at a late date.
If the prosecutor thinks that there is enough evidence to start or continue a prosecution, he or she will then consider whether a prosecution is needed «in the public interest». This means that the prosecutor must think carefully about all the factors for and against a prosecution, and assess in each case whether a prosecution should go ahead. Some of the public interest factors which are taken into account are set out in the Code for Crown Prosecutors.
For example, a prosecution is likely to be needed if:
— a weapon was used or violence was threatened during an offence;
— the motive for the offence was any form of discrimination; or
— the offence was committed against a person serving the public such as a police officer.
Crown Prosecutors must always think very carefully about the interest of the victim of the crime. This is an important factor when prosecutors decide where the public interest lies.
Presenting cases in Court. If the prosecutor thinks that there is enough evidence, and that a prosecution is needed in the public interest, the case is then presented in the magistrates' court.
The CPS lawyer must present the facts to the court fairly.
Criminal cases are divided into the following three types of offence.
— «Summary only» offences (such as minor motoring offences and disorderly behaviour) are less serious, and can only be heard in the magistrates court.
— «Either way» offences are more serious and can be heard in either the magistrates' court or before a judge and jury in the Crown Court. (These include all cases of theft and some categories of assault). Usually, the magistrates decide whether the case should be heard in the Crown Court. But sometimes when the magistrates say they will hear a case, the defendant can choose to be dealt with in the Crown Court.
— «Indictable only» offences (such as murder or rape) are the most serious, and must always be heard in the Crown Court which has more sentencing powers.
If a defendant is found not guilty, he or she cannot be prosecuted for the same offence. This applies to all types of case.
Every criminal case begins in the magistrates court. But, when: cases go on to the Crown Court, the CPS instructs a barrister, or a specially — qualified solicitor so that he or she can present the prosecution for the CPS.
The powers of police and the procedures which must be followed by them are laid down in Codes of Practice under the Police and Criminal Evidence Act, 1984. These codes cover the powers to stop and search persons or vehicles; the searching of premises and seizure of property; detention, treatment and questioning by police, identification of suspects, and tape recording of interviews with suspects.