Public Law IIPublic Law II

Criminal law: The Tyrer CaseCriminal law: The Tyrer Case

The composition of the The composition of the UK?UK? EnglandEngland WalesWales ScotlandScotland Northern IrelandNorthern Ireland

The British IslandsThe British Islands

The Channel Islands (Jersey, The Channel Islands (Jersey, Guernsey, Alderney and Sark)Guernsey, Alderney and Sark)

The Isle of ManThe Isle of Man

The British IslandsThe British Islands

Privy CouncilPrivy Council

A council of the British sovereign that A council of the British sovereign that until the 17th century was the until the 17th century was the supreme legislative body, that now supreme legislative body, that now consists of cabinet ministers ex consists of cabinet ministers ex officio and others appointed for life, officio and others appointed for life, and that has no important function and that has no important function except through its Judicial except through its Judicial Committee, which in certain cases Committee, which in certain cases acts as a supreme appellate court in acts as a supreme appellate court in the Commonwealth. the Commonwealth.

The Home SecretaryThe Home Secretary

The The Secretary of State for the Home Secretary of State for the Home DepartmentDepartment, commonly known as the , commonly known as the Home Secretary -Home Secretary - the minister in the minister in charge of the Home Office of the UK. charge of the Home Office of the UK.

responsible for internal affairs within responsible for internal affairs within England and Wales, and for immigration England and Wales, and for immigration and citizenship for the whole of the UK; and citizenship for the whole of the UK;

Also: policing and matters of national Also: policing and matters of national security security

The Royal AssentThe Royal Assent

The granting of The granting of Royal Assent Royal Assent is is the formal method by which a the formal method by which a constitutional monarch completes constitutional monarch completes the legislative process of the legislative process of lawmaking by formally assenting lawmaking by formally assenting to an Act of Parliament to an Act of Parliament

Constitutional Constitutional conventionsconventions Practices relating to the exercise Practices relating to the exercise

of their functions by the Crown, of their functions by the Crown, the government, the Parliament the government, the Parliament and the judiciary that are not and the judiciary that are not legally enforceable but are legally enforceable but are commonly followed as if they commonly followed as if they were, e.g. convention that royal were, e.g. convention that royal assent must not be refused to a assent must not be refused to a Bill duly passed by ParliamentBill duly passed by Parliament

Constitutional Constitutional conventionsconventions The basic reason for obeying The basic reason for obeying

conventions – to ensure that the conventions – to ensure that the machinery of government should machinery of government should function smoothlyfunction smoothly

Conventions have not been Conventions have not been codified into law and can be codified into law and can be modified informally to meet modified informally to meet changing circumstanceschanging circumstances

Skim the text and Skim the text and decide which section s decide which section s about:about: A) The application of judicial A) The application of judicial

corporal punishment in the Isle of corporal punishment in the Isle of Man and prospects for the futureMan and prospects for the future

B)The constitutional position of B)The constitutional position of the Isle of Man and its the Isle of Man and its relationship with the UKrelationship with the UK

C) The legal status of judicial C) The legal status of judicial corporal punishment in the UK corporal punishment in the UK and Isle of Manand Isle of Man

Group workGroup work

Read the text carefully. Read the text carefully. Write a few questions (4-5)Write a few questions (4-5) Answer your questionsAnswer your questions Ask your partner to answer your Ask your partner to answer your

questionsquestions In what way the information in In what way the information in

section 1 is relevant to the Tyrer section 1 is relevant to the Tyrer case?case?

Answer the following:Answer the following:

1. Is the Isle of Man part of the UK?1. Is the Isle of Man part of the UK? No, it is a dependency of the Crown and No, it is a dependency of the Crown and

has its own state organs and legal has its own state organs and legal systemsystem

2. What is the role of the Crown with 2. What is the role of the Crown with regard to the Isle of Man?regard to the Isle of Man?

The Crown (acting through the Privy The Crown (acting through the Privy Council and the Home Secretary) is Council and the Home Secretary) is responsible for the good government of responsible for the good government of the island, and the Queen in Council the island, and the Queen in Council ratifies legislation passed by the Isle of ratifies legislation passed by the Isle of Man ParliamentMan Parliament

Answer the following:Answer the following:

3. Do international treaties which 3. Do international treaties which apply to the UK also apply to the apply to the UK also apply to the Isle of Man?Isle of Man?

Yes, but since 1950 only if the Isle Yes, but since 1950 only if the Isle of Man is expressly includedof Man is expressly included

4. Does the European Convention 4. Does the European Convention on Human Rights apply to the Isle on Human Rights apply to the Isle of Man?of Man?

Answer the following:Answer the following:

Can the UK Parliament pass Can the UK Parliament pass domestic legislation for the Isle of domestic legislation for the Isle of Man without its consent?Man without its consent?

Not normally, because of a Not normally, because of a constitutional convention to this constitutional convention to this effecteffect

What does it mean?What does it mean?

Thereafter (10)?Thereafter (10)? ‘‘After that; from that time on’After that; from that time on’ Ratification (18)Ratification (18) ‘‘official confirmation or approval’official confirmation or approval’ Resolution (36)Resolution (36) ‘‘a formal statement of opinion a formal statement of opinion

agreed on by an organised body, agreed on by an organised body, usually by vote’usually by vote’

What does it mean?What does it mean?

Charged (6)Charged (6) ‘‘given as a duty or responsibility’given as a duty or responsibility’ Hereby (38)Hereby (38) indicates that what you are saying has indicates that what you are saying has

official status and will take effect official status and will take effect immediatelyimmediately

Address (48, 53)Address (48, 53) ‘‘give a formal speech; place of give a formal speech; place of

residence’residence’

What does it mean?What does it mean?

Deterrent (34)Deterrent (34) ‘‘something that prevents people from something that prevents people from

doing sth by making them afraid of doing sth by making them afraid of what will happen to them if they do it’what will happen to them if they do it’

Penal policy (22)Penal policy (22) ‘‘policy relating to punishment for policy relating to punishment for

crimes’crimes’ Inter alia (36)Inter alia (36) ‘‘among other things’among other things’

What does it What does it mean/refer to?mean/refer to? A) So (10)A) So (10) B) Such (10)B) Such (10) C) Unless (10)C) Unless (10)

What does it What does it mean/refer to?mean/refer to? A) as extending, in the absence of A) as extending, in the absence of

contrary provision, to the Isle of contrary provision, to the Isle of ManMan

B) such treaties = international B) such treaties = international treaties applicable to the UKtreaties applicable to the UK

C) such territories = territories for C) such territories = territories for whose international relations (the whose international relations (the UK Government) were responsibleUK Government) were responsible

Which of the two Which of the two alternatives is correct?alternatives is correct? 1. UK treaties are not applicable to 1. UK treaties are not applicable to

the Isle of Man if there the Isle of Man if there is/is notis/is not an an express inclusion to this effect (10)express inclusion to this effect (10)

2. The UK Parliament will legislate 2. The UK Parliament will legislate on the Isle of Man’s domestic affairs on the Isle of Man’s domestic affairs without its consent when there without its consent when there is/is is/is notnot a special reason which overrides a special reason which overrides the constitutional convention (21-3)the constitutional convention (21-3)

Choose the correct Choose the correct alternative:alternative: The Isle of ManThe Isle of Man A) belongs to the QueenA) belongs to the Queen B) is totally independent from the B) is totally independent from the

UKUK C) has some links with the UK, but C) has some links with the UK, but

mainly governs itselfmainly governs itself D) belongs to the UKD) belongs to the UK

Choose the correct Choose the correct alternative:alternative: Since 1950 international treaties Since 1950 international treaties

applicable to the UKapplicable to the UK A) are automatically applicable to the Isle A) are automatically applicable to the Isle

of Manof Man B) are never applicable to the Isle of ManB) are never applicable to the Isle of Man C) are applicable to the Isle of Man if C) are applicable to the Isle of Man if

there is no provision to the contrarythere is no provision to the contrary D) are only applicable to the Isle of Man if D) are only applicable to the Isle of Man if

this is expressly stated in the provisionthis is expressly stated in the provision

Choose the correct Choose the correct alternative:alternative: Domestic legislation for the Isle of Domestic legislation for the Isle of

Man is generally passed byMan is generally passed by A) Tynwald – the Isle of Man A) Tynwald – the Isle of Man

ParliamentParliament B) the UK ParliamentB) the UK Parliament C) the Home Secretary and the C) the Home Secretary and the

Privy CouncilPrivy Council D) the Legislative CouncilD) the Legislative Council

Choose the correct Choose the correct alternative:alternative: At the time of the At the time of the Tyrer case Tyrer case

judicial corporal punishment judicial corporal punishment existedexisted

A) in England, Wales, Scotland and A) in England, Wales, Scotland and the Isle of Manthe Isle of Man

B) in the UKB) in the UK C) in the Isle of ManC) in the Isle of Man D) in Northern Ireland and the Isle D) in Northern Ireland and the Isle

of Manof Man

Choose the correct Choose the correct alternative:alternative: In 1963, 1965 and 1977 Tynwald In 1963, 1965 and 1977 Tynwald

decided to retain judicial corporal decided to retain judicial corporal punishmentpunishment

A) to control males under the age A) to control males under the age of 21of 21

B) to prevent crimeB) to prevent crime C) to deter visitorsC) to deter visitors D) to punish hooligansD) to punish hooligans

Choose the correct Choose the correct alternative:alternative: In 1978 the majority of the Isle of Man In 1978 the majority of the Isle of Man

electorateelectorate A) were in favour of keeping judicial A) were in favour of keeping judicial

corporal punishmentcorporal punishment B) were entitled to vote for judicial B) were entitled to vote for judicial

corporal punishmentcorporal punishment C were against judicial corporal C were against judicial corporal

punishmentpunishment D) voted in favour of keeping judicial D) voted in favour of keeping judicial

corporal punishmentcorporal punishment

Choose the correct Choose the correct alternative:alternative: At the time of the Tyrer case the Isle of Man At the time of the Tyrer case the Isle of Man

Parliament was considering legislation which Parliament was considering legislation which wouldwould

A) reduce the use of judicial corporal A) reduce the use of judicial corporal punishment on young malespunishment on young males

B) introduce judicial corporal punishment for B) introduce judicial corporal punishment for serious offences of violenceserious offences of violence

C) increase the number of offences for which C) increase the number of offences for which judicial corporal punishment could be givenjudicial corporal punishment could be given

D) abolish judicial corporal punishment for D) abolish judicial corporal punishment for unlawful assaultunlawful assault

Choose the correct Choose the correct alternative:alternative: On the Isle of Man, judicial corporal On the Isle of Man, judicial corporal

punishment is inflictedpunishment is inflicted A) once a yearA) once a year B) in very few cases, if at all, each B) in very few cases, if at all, each

yearyear C) for all crimes of violenceC) for all crimes of violence D) between 35 and 65 times a yearD) between 35 and 65 times a year

Write a summary of Write a summary of sections 2 and 3sections 2 and 3 Read sections 2 and 3 carefully Read sections 2 and 3 carefully

and identify the main pointsand identify the main points Make sure you understand the Make sure you understand the

main pointsmain points For each group of main points, For each group of main points,

ask a questionask a question Write the answers to your Write the answers to your

questions in note formquestions in note form

SummarySummary

Include only the main pointsInclude only the main points Use your own wordsUse your own words Cut out all words which are not Cut out all words which are not

necessary to the meaningnecessary to the meaning

Reasons for sentencing: D1 Which phrase Reasons for sentencing: D1 Which phrase on the right completes each of the four on the right completes each of the four sentences beginning on the left ? (p. 156)sentences beginning on the left ? (p. 156)

A The use of capital punishment for A The use of capital punishment for murder was abolished…murder was abolished…

B) Parliament passed a law to B) Parliament passed a law to reintroduce capital punishment for the reintroduce capital punishment for the murder of police officers…murder of police officers…

C) The infliction of capital punishment C) The infliction of capital punishment was restricted to crimes of terrorism..was restricted to crimes of terrorism..

D) The government passed a D) The government passed a resolution to retain capital punishment resolution to retain capital punishment for serious crimes of violence…for serious crimes of violence…

Aims of sentencingAims of sentencing

Punishment – to punish the Punishment – to punish the offenderoffender

Deterrence –Deterrence – Rehabilitation –Rehabilitation – Protection – Protection – Other – say whatOther – say what

Sentencing of Sentencing of offendersoffenders Which forms of punishment do you Which forms of punishment do you

think are effective deterrents?think are effective deterrents? Which punishments can help to Which punishments can help to

rehabilitate the offender?rehabilitate the offender? What are the main aims of the What are the main aims of the

penal system in your country?penal system in your country? Is corporal punishment an Is corporal punishment an

effective deterrent?effective deterrent?