Public Law II Criminal law: The Tyrer Case. The composition of the UK? England England Wales Wales Scotland Scotland Northern Ireland Northern Ireland

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  • Public Law IICriminal law: The Tyrer Case

  • The composition of the UK?EnglandWalesScotlandNorthern Ireland

  • The British IslandsThe Channel Islands (Jersey, Guernsey, Alderney and Sark)The Isle of Man

  • The British Islands

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

  • The Home SecretaryThe Secretary of State for the Home Department, commonly known as the Home Secretary - the minister in charge of the Home Office of the UK. responsible for internal affairs within England and Wales, and for immigration and citizenship for the whole of the UK; Also: policing and matters of national security

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

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

  • Constitutional conventionsThe basic reason for obeying conventions to ensure that the machinery of government should function smoothlyConventions have not been codified into law and can be modified informally to meet changing circumstances

  • Skim the text and decide which section s about:A) The application of judicial corporal punishment in the Isle of Man and prospects for the futureB)The constitutional position of the Isle of Man and its relationship with the UKC) The legal status of judicial corporal punishment in the UK and Isle of Man

  • Group workRead the text carefully. Write a few questions (4-5)Answer your questionsAsk your partner to answer your questionsIn what way the information in section 1 is relevant to the Tyrer case?

  • Answer the following:1. Is the Isle of Man part of the UK?No, it is a dependency of the Crown and has its own state organs and legal system2. What is the role of the Crown with regard to the Isle of Man?The Crown (acting through the Privy Council and the Home Secretary) is responsible for the good government of the island, and the Queen in Council ratifies legislation passed by the Isle of Man Parliament

  • Answer the following:3. Do international treaties which apply to the UK also apply to the Isle of Man?Yes, but since 1950 only if the Isle of Man is expressly included4. Does the European Convention on Human Rights apply to the Isle of Man?

  • Answer the following:Can the UK Parliament pass domestic legislation for the Isle of Man without its consent?Not normally, because of a constitutional convention to this effect

  • What does it mean?Thereafter (10)?After that; from that time onRatification (18)official confirmation or approvalResolution (36)a formal statement of opinion agreed on by an organised body, usually by vote

  • What does it mean?Charged (6)given as a duty or responsibilityHereby (38)indicates that what you are saying has official status and will take effect immediatelyAddress (48, 53)give a formal speech; place of residence

  • What does it mean?Deterrent (34)something that prevents people from doing sth by making them afraid of what will happen to them if they do itPenal policy (22)policy relating to punishment for crimesInter alia (36)among other things

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

  • What does it mean/refer to?A) as extending, in the absence of contrary provision, to the Isle of ManB) such treaties = international treaties applicable to the UKC) such territories = territories for whose international relations (the UK Government) were responsible

  • Which of the two alternatives is correct?1. UK treaties are not applicable to the Isle of Man if there is/is not an express inclusion to this effect (10)2. The UK Parliament will legislate on the Isle of Mans domestic affairs without its consent when there is/is not a special reason which overrides the constitutional convention (21-3)

  • Choose the correct alternative:The Isle of ManA) belongs to the QueenB) is totally independent from the UKC) has some links with the UK, but mainly governs itselfD) belongs to the UK

  • Choose the correct alternative:Since 1950 international treaties applicable to the UKA) are automatically applicable to the Isle of ManB) are never applicable to the Isle of ManC) are applicable to the Isle of Man if there is no provision to the contraryD) are only applicable to the Isle of Man if this is expressly stated in the provision

  • Choose the correct alternative:Domestic legislation for the Isle of Man is generally passed byA) Tynwald the Isle of Man ParliamentB) the UK ParliamentC) the Home Secretary and the Privy CouncilD) the Legislative Council

  • Choose the correct alternative:At the time of the Tyrer case judicial corporal punishment existedA) in England, Wales, Scotland and the Isle of ManB) in the UKC) in the Isle of ManD) in Northern Ireland and the Isle of Man

  • Choose the correct alternative:In 1963, 1965 and 1977 Tynwald decided to retain judicial corporal punishmentA) to control males under the age of 21B) to prevent crimeC) to deter visitorsD) to punish hooligans

  • Choose the correct alternative:In 1978 the majority of the Isle of Man electorateA) were in favour of keeping judicial corporal punishmentB) were entitled to vote for judicial corporal punishmentC were against judicial corporal punishmentD) voted in favour of keeping judicial corporal punishment

  • Choose the correct alternative:At the time of the Tyrer case the Isle of Man Parliament was considering legislation which wouldA) reduce the use of judicial corporal punishment on young malesB) introduce judicial corporal punishment for serious offences of violenceC) increase the number of offences for which judicial corporal punishment could be givenD) abolish judicial corporal punishment for unlawful assault

  • Choose the correct alternative:On the Isle of Man, judicial corporal punishment is inflictedA) once a yearB) in very few cases, if at all, each yearC) for all crimes of violenceD) between 35 and 65 times a year

  • Write a summary of sections 2 and 3Read sections 2 and 3 carefully and identify the main pointsMake sure you understand the main pointsFor each group of main points, ask a questionWrite the answers to your questions in note form

  • SummaryInclude only the main pointsUse your own wordsCut out all words which are not necessary to the meaning

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

    A The use of capital punishment for murder was abolishedB) Parliament passed a law to reintroduce capital punishment for the murder of police officersC) The infliction of capital punishment was restricted to crimes of terrorism..D) The government passed a resolution to retain capital punishment for serious crimes of violence

  • Aims of sentencingPunishment to punish the offenderDeterrence Rehabilitation Protection Other say what

  • Sentencing of offendersWhich forms of punishment do you think are effective deterrents?Which punishments can help to rehabilitate the offender?What are the main aims of the penal system in your country?Is corporal punishment an effective deterrent?