Criminology · Year 13 · Crime and Punishment · 3.º Período

The Making of Criminal Laws

An investigation into how laws are made in Parliament and the influence of judges through judicial precedent. Students will examine the impact of public campaigns on legislation.

TL;DR:This topic explores the dual pathways of law-making in the UK: the legislative process in Parliament and the development of common law through judicial precedent. Students track a Bill from its Green Paper stage through to Royal Assent, while also examining how judges 'make' law when interpreting statutes or following the decisions of higher courts. This is central to WJEC AC 1.1.

• National Curriculum Attainment Targets
• WJEC Level 3 AC 1.1 Describe processes of law making
• WJEC Level 3 AC 1.2 Describe the organization of the criminal justice system in England and Wales

About This Topic

This topic explores the dual pathways of law-making in the UK: the legislative process in Parliament and the development of common law through judicial precedent. Students track a Bill from its Green Paper stage through to Royal Assent, while also examining how judges 'make' law when interpreting statutes or following the decisions of higher courts. This is central to WJEC AC 1.1.

The curriculum also looks at external influences on law-making, such as pressure groups, the media, and public campaigns (e.g., Sarah's Law or Clare's Law). This provides a vital link between social movements and legal change. Students will analyze the tension between the democratic mandate of Parliament and the independent role of the judiciary in shaping the criminal justice landscape.

This topic comes alive when students can physically model the patterns of legislative stages through a simulation of the parliamentary process.

Key Questions

1. How does a bill become an Act of Parliament?
2. What is the role of judicial precedent in shaping criminal law?
3. How do pressure groups and public campaigns influence law-making?

Watch Out for These Misconceptions

Common Misconception

Judges just apply the laws that Parliament makes.

What to Teach Instead

Judges often have to interpret vague language in statutes or create new rules where no law exists (common law). Mapping judicial precedents like the development of the law on 'intent' helps students see the active role of the judiciary.

Common Misconception

A law is finished once the House of Commons votes for it.

What to Teach Instead

It must pass through the Lords and receive Royal Assent. A simulation of the 'parliamentary ping-pong' between the two houses helps students understand the checks and balances in the UK system.

Active Learning Ideas

Simulation Game

Passing a Bill

Assign students to the House of Commons and House of Lords. Give them a controversial 'Criminal Justice Bill' and have them move it through the stages, including a 'Committee Stage' where they must propose amendments.

50 min·Whole Class

Inquiry Circle

Precedent Mapping

Provide a landmark case (e.g., R v R regarding marital rape). Groups must map out the 'ratio decidendi' and 'obiter dicta' and explain how this decision changed the law without an Act of Parliament.

40 min·Small Groups

Gallery Walk

Campaigns for Change

Display posters of different public campaigns (e.g., the Double Jeopardy law change). Students move around to identify the trigger event, the methods used by the campaign, and the final legal outcome.

35 min·Small Groups

Frequently Asked Questions

What is the difference between a Green Paper and a White Paper?

A Green Paper is a consultative document that sets out proposals for change and invites comments. A White Paper is a more formal statement of government policy and a firm proposal for new legislation.

How does judicial precedent work?

It follows the principle of 'stare decisis' (stand by the decision). Lower courts must follow the legal reasons (ratio decidendi) given by higher courts in similar cases to ensure consistency and certainty in the law.

Can the public really change the law?

Yes, through pressure groups and campaigns. For example, the Ann Ming campaign led to the reform of the Double Jeopardy rule, showing how persistent public pressure can force Parliament to legislate.

How can active learning help students understand law-making?

Law-making can feel abstract and dry. By simulating the 'Committee Stage' of a Bill, students see that laws are the result of negotiation and compromise. This active approach helps them remember the sequence of stages and the influence of different actors much more effectively than a list of definitions.