Justice & Equality

For information on all aspects of Justice & Equality

Justice & Equality

AGE OF CRIMINAL RESPONSIBILITY

Below the age of 10 you cannot be held responsible for a crime.

Between the ages of 10 and 14 the Prosecution must show that the individual knew the difference between right and wrong and that the specific action undertaken was wrong.

At the age of 14 the Law considers you are fully responsible for your actions.

AN INTRODUCTION TO THE LAW

The law is divided up into two main areas: civil and criminal law.

CIVIL LAW

  • Civil law deals with non-criminal areas of law
  • Civil law sets out rules for all sorts of activity in our daily lives.  For example your rights as a consumer, issues about marriage and divorce, people's housing rights concerning their housing, or the issues which arise from signing contracts.
  • When a civil law is broken, somebody affected by this can take action, for example by taking someone to court.

 

CRIMINAL LAW

  • Criminal law is concerned with crimes, for example, assault or theft.
  • Criminal law not only sets out what is a criminal activity, but also what punishment can be given by the courts.
  • When someone accused of a criminal offence is taken to court this is called prosecution.
  • In court either a judge or a jury will decide if a person is guilty or not guilty.
  • Finding a person guilty of a criminal offence is called a conviction.
  • The law calls people found guilty of a criminal offence 'offenders' (they used to be called 'convicts')

 

BEING CHARGED

  • Being charged is the beginning of the prosecution process which may end up in a trial. (The Court process to determine if someone has broken the law).
  • There must be enough evidence to charge you with a specific offence.
  • After an interview you will either be charged or released.
  • There must be enough evidence to charge you with a specific offence.
  • After an interview you will either be charged or released.
  • If you are 'warned to appear' you are free to go about your business, but you must attend Court at the time and on the date you have been given.
  • If you are granted bail you (or someone on your behalf) has to pay out a security (money) for your release.  This money will be paid back in full provided you attend Court when required to do so.
  • If you are kept in custody you may be detained in sceure accommodation until you first appearance in Court.
  • Prior to a case being heard in Court the court may wish to alter any 'remand conditions' - a Court can set out additional bail conditions including having to report to a Police Station on a regular basis or surrending your passport.

 

BEING HELD AT THE POLICE STATION

  • if you are arrested you are detained by the police and are no longer free to go where you want.
  • the police must have a lawful reason for arresting you.  They cannot just go out and grab you off the street.

The police can arrest you if they:

  • have a warrant to arrest you
  • a Court has ordered your arrest
  • a Police Officer reasonably suspects that you ahve committed, are about to commit, or are committing an offence.

If the police arrest you must be told clearly that you are under arrest and why; you must be cautioned with the following words.

"You are not obliged to say anything unless you wish to do so but what you say may be put into writing and given in evidence".

You should be taken to the police station as soon as possible.

At the Police station you will be seen by the Custody Officer, and in your presence the arresting officer will inform the Custody Officer the reason for your arrest. 

A custody record will be opened which will detail everything that happens whilst you are in police custody, and you will then be given the following rights:

  • right to have someone informed of your arrest.
  • right to legal advise (see later for how to get it).  Once you have asked for legal advice, the police must not normally question you.  You don't have to answer any questions until you have spoken to a lawyer.
  • right to consult a copy of the codes of practice.

If you are under 18 years old, the custody officer must as soon as possible inform your parent, guardian or any person who is responsible for your welfare. 

SHOPLIFTING

If you are caught for shoplifting, the police will be called and you will more than likely be arrested and taken to the Police station for questioning.

If you are under 17 your parents will be informed, and your home may be searched.

Most of the larger stores are equipped with CCTV equipment.  Many stores also employ a team of trained staff to apprehend shoplifters.