Basic Principles of Law in the UK (AQA GCSE Citizenship Studies): Revision Note

Rights and freedoms

• The basis of law in the UK has developed over time

• Key concepts are

  • No person or government is above the law

  • Legal certainty

    • People must believe that laws are fair and can be applied in a predictable way

  • Laws are properly enacted and clear in their purpose

  • Laws cannot be retrospective

    • You can be charged for something that was not illegal at the time

  • There must be  due legal process

    • You cannot be arrested without charge

    • You have a right to a trial, to legal advice, the right to defend yourself and the right not to speak

    • If found guilty, you have the right of appeal against the conviction or sentence

• In 2023 the House of Lords described the ‘rule of law’  as ‘vitally important to the health of democracy’

Equality before the law

• Equality is both about the way a person is treated by the legal system and their access to the justice system

Examples of equality before the law

Presumption of innocence

• The justice system in the UK works on the principle that the accused person has a presumption of innocence

  • This means it is up to the state to prove to the court that the accused is guilty of the offence for which they are charged

• Beyond reasonable doubt is the highest legal standard of proof in a  criminal case

  • It means that a person considering all the evidence believes that the person is clearly guilty

• In civil cases the standard of proof is lower

  • This means a person can be found not guilty in a criminal court but lose in a civil court about the same issue

  • E.g. In 2015 in Scotland a man was found not guilty of rape. In 2018 the victim in the case brought a civil court case. The court found in her favour and she was awarded damages