POLICE AND CRIMINAL EVIDENCE ACT

Police and Criminal Evidence Act



Police and Criminal Evidence Act

Criminal procedural law and its subjects

Criminal procedural law of Anglo-Saxon system primarily consists of common law and equity. The common law of England was established by the judges of Westminster, and had the right to justice of the decisions of the court chancellor, who corrected the shortcomings of common law. That's why the right of these countries and by birth, and the structure is called a precedent. The main form (source) of criminal procedure is a judicial practice. Decisions rendered by the court, required for himself and for the lower courts in a similar case. This is usually a precedent. In some cases, especially in the U.S., higher courts are not bound by their decisions. However, in reality, they rarely resort to this exception. Another source of law is the law (statutory law). The law in comparison with the case law is secondary, because the legal normative act has no meaning until it is interpreted by court decisions. The exception is having a direct effect of the U.S. Constitution. The major source of the English statutory law of criminal procedure are the Magna Carta in 1215 and the Bill of Rights of 1689 Note that in 1832, the role of the law in England, began to increase. Recently, a number of important regulations, including the Courts Act 1971, the Magistrates' Courts Act 1980, the Law on the Supreme Court in 1981, the Law on the Police and Criminal Evidence Act 1984, the Law on the State Prosecutor in 1985, the Law on Courts and Legal Services in 1990, the Criminal Justice and Public Order Act 1994 and the Criminal Procedure and Investigations. The above suggests that in modern Britain of the sources of law legislation takes up less space than precedent.

Criminal Procedure Law of the United States but the English have always been characterized by several features that brings him to the continental system. The presence of more advanced legislation (especially the U.S. Constitution and fifteen amendments), and the federal structure of American law is markedly different from the British. As a common feature of criminal procedure in common law can mark them precedence over the substantive law in the eyes of the law enforcers and their inseparability from the civil procedural law. Regardless of whether the expression rules of criminal procedure in law or precedent, they are characterized by a lower abstraction - to address specific problems, not on the formulation of general rules of conduct.

For England and the United States has a complex legal system. In England, stand higher and lower courts. Highest courts are the Supreme Court, consisting of the High Court, the Crown Court and the Court of Appeal Criminal Division. From a few cases the final authority acts Appeal Committee of the House of Lords. In America, at the same time interact with the state judiciary federal courts. State judiciary, in general, consist of three levels: courts of the first link, ...