Citizenship · Year 9 · Justice, Law, and the Individual · Autumn Term

Sources of UK Law

This lesson introduces students to the different sources of law in the UK, including statute law, common law, and EU law's historical impact.

• National Curriculum Attainment Targets
• KS3: Citizenship - Rules and Laws

About This Topic

The criminal justice process is a cornerstone of the UK legal system, ensuring that laws are enforced fairly and the rights of the accused are protected. In this topic, Year 9 students trace the journey of a case from the initial police investigation and arrest through to the courtroom and final sentencing. They will explore the roles of key figures including the police, the Crown Prosecution Service (CPS), defense solicitors, and the jury.

Students will engage with the principles of 'innocent until proven guilty' and the 'burden of proof.' This unit is vital for developing an understanding of civil liberties and the importance of a transparent legal system. It also touches on sensitive issues like police powers and the diversity of the jury. Students grasp this concept faster through structured simulation and mock trials where they must apply the rules of evidence themselves.

Key Questions

1. Differentiate between statute law and common law in the UK legal system.
2. Analyze how historical legal precedents continue to influence modern judicial decisions.
3. Explain the process by which new laws are created and enacted in the UK.

Learning Objectives

• Compare and contrast statute law and common law, identifying key differences in their creation and authority.
• Analyze the historical impact of EU law on UK legislation and its current status post-Brexit.
• Explain the legislative process from a proposed bill to an enacted Act of Parliament.
• Identify the primary sources of law within the UK legal system.

Before You Start

Rules and Society

Why: Students need a basic understanding of why rules exist in society to grasp the purpose and function of laws.

The UK Parliament

Why: Familiarity with the structure and function of Parliament is essential for understanding how statute law is created.

Key Vocabulary

Statute Law	Laws made by Parliament, written down in Acts of Parliament. These are the highest form of law in the UK.
Common Law	Law developed by judges through decisions in court cases, based on precedent. Also known as case law or judge-made law.
Precedent	A legal principle or rule established in a previous court case that is binding or persuasive for future cases with similar facts.
Bill	A proposed law that has been introduced in Parliament but has not yet been passed and enacted.
Act of Parliament	A bill that has been approved by both Houses of Parliament and received Royal Assent, becoming law.

Watch Out for These Misconceptions

Common Misconception

The police decide if someone is guilty.

What to Teach Instead

The police only investigate and arrest; the jury or magistrate decides guilt. Role-playing the hand-off between police and the CPS helps students understand the separation of powers in the justice system.

Common Misconception

You have to prove you are innocent in court.

What to Teach Instead

In the UK, the prosecution must prove you are guilty 'beyond reasonable doubt.' Using a 'scales of justice' visual activity helps students understand that the burden of proof lies entirely with the state.

Active Learning Ideas

Mock Trial: The Case of the Missing Laptop

Students take on roles as lawyers, witnesses, and the jury. They must follow court procedure to present evidence and reach a verdict based on the 'beyond reasonable doubt' standard.

60 min·Whole Class

Inquiry Circle: Police Powers

Groups are given scenarios involving 'Stop and Search.' They must use a simplified version of the Police and Criminal Evidence Act (PACE) to determine if the police acted legally in each case.

40 min·Small Groups

Think-Pair-Share: The Jury System

Students consider if 12 random citizens are better at deciding guilt than a professional judge. They share their reasoning with a partner before the teacher reveals real-world statistics on jury consistency.

20 min·Pairs

Real-World Connections

• Solicitors and barristers in law firms across the UK, such as Clifford Chance or local legal aid centers, regularly research statute law and relevant case precedents to advise clients and prepare court arguments.
• Parliamentary clerks and civil servants in Whitehall are involved in drafting bills, scrutinizing them through parliamentary committees, and ensuring they align with existing statute law before they become Acts.
• Citizens can observe the impact of statute law by looking at regulations concerning road safety, environmental protection, or consumer rights, all of which are codified in Acts of Parliament.

Assessment Ideas

Exit Ticket

Provide students with two short descriptions of legal principles. Ask them to identify which is an example of statute law and which is common law, and briefly explain their reasoning for each.

Quick Check

Present students with a scenario, for example, a new law about recycling introduced last year. Ask: 'Is this likely to be statute law or common law? How do you know?'

Discussion Prompt

Pose the question: 'Imagine a judge in 1950 made a ruling on a new type of contract. How might that ruling still affect legal cases today, even if Parliament has not passed a specific law about it?'

Frequently Asked Questions

What is the role of the Crown Prosecution Service (CPS)?

The CPS is the independent body that decides whether a criminal case should go to court. They review the evidence provided by the police and determine if there is a 'realistic prospect of conviction' and if the prosecution is in the public interest.

How are juries selected in the UK?

Juries are made up of 12 ordinary citizens aged 18 to 75 who are randomly selected from the electoral register. This ensures that a person is tried by a representative cross-section of their peers.

What are the best hands-on strategies for teaching the justice system?

Mock trials are the gold standard. They require students to synthesize information, argue from a specific perspective, and follow strict procedural rules. This active participation makes the abstract stages of a trial, like cross-examination and jury deliberation, concrete and understandable.

What happens during an arrest?

When someone is arrested, the police must inform them that they are under arrest and explain why. They must also read the 'caution,' which explains the person's right to remain silent and that anything they say may be used as evidence.