Category: Law

The government passed the immensely significant Education Act of 1944 for England and Wales in readiness for post-WW2 social reforms. It is also known as the ‘Butler Act’, as its forward-thinking proposer was Rab Butler, a Conservative politician of great repute. The Act created a separate tier of education for 11- to 15-year-olds, called ‘secondary education’, with the younger students assigned to ‘primary education’.

As students had previously been in single ‘elementary’ schools up to the age of 14, this resulted in new schools being built. It also encouraged more school leavers to consider moving onto higher education. Another result was the creation of the 11-plus entrance exam for grammar schools, as the idea was that children should be given the opportunity for high-grade education according to their intellect rather than their family’s finances.

Those who did not pass the exam went mainly to the new secondary modern schools. There were supposed to be ‘technical’ schools as well, but in practice these were too expensive to equip so did not really materialise. Many of the already existing church schools changed to ‘voluntary-aided’ status, which allowed them to remain as they were but receive state subsidies.

(Image of secondary modern school built after the Butler Act: Dave Croker at geograph.org.uk / CC BY-SA 2.0)

Justices of the Peace (JPs) are also known as Magistrates and they deal with the more minor criminal offences and with family cases. They are unpaid volunteers but they have full training and are assisted by legal advisors. Three Magistrates/JPs sit together in the court (hence the term ‘the bench’), one of whom takes the lead.  They can issue fines, order community service or imprisonment for up to six months per conviction (60 days in Scotland). Serious crimes are passed up to the Crown Courts.

The post of JP was created in 1361 by King Edward III to help him administer law and order. They were male aristocrats in those times and their punishments would include placing in the stocks, whipping and branding. They had much more power than today’s JPs and were even tasked with some civil administration, such as the maintenance of public amenities.

Today, any citizen can apply to be a JP, provided they are of good character and health, are reliable, intelligent and can demonstrate logical thinking, fairness and an understanding of human nature. They must be aged between 18 and 65 and be prepared to serve for at least five years, retiring at age 70.

(Image: Matt Watson-Power at Flickr.com / CC BY-NC 2.0)

Adult British subjects must have a National Insurance (NI) number as it is very difficult to live outside of the system of paid employment and state benefits. An NI number is unique and allows the government to keep a record of payments and entitlements. Its format is XY 12 34 56 Z. It is requested by government departments, employers and financial institutions, including the student loan companies.

The National Insurance Act of 1911 introduced NI numbers and for many decades people were required to buy NI stamps to stick on a record card. This is where the phrase to ‘get your cards’ comes from, meaning that you are fired! Youngsters receive their numbers when they are aged 15 years and 9 months and they must take care to keep them confidential for the rest of their lives to avoid identity fraud by unscrupulous fiends.

If you lose your NI number there is a government helpline but you will never be told the number over the phone for security reasons. Instead, it will be posted to your address within fifteen days. Foreigners wishing to move to the UK must apply for a number, which may involve attending an interview at a Jobcentre Plus.

(Image of 1940 NI card: Wikimedia Commons / Public domain)

Prior to the formation of professional police forces in the UK, law and order was dealt with at a local community level by a few trusted volunteers and some paid nightwatchmen. With the increase in the population during the Industrial Revolution, this became inadequate.

The City of Glasgow Police, established in 1800, was the first organised police body in the UK. Following this, Sir Robert Peel (1788-1850), who was Home Secretary twice and Prime Minister twice, assisted with the setting up of the Irish Constabulary in 1816 and, most famously, the Metropolitan Police in London in 1829. This is the origin of the first slang terms for the police ~ ‘the Peelers’ or ‘Bobbies‘ ~ both derived from his name.

Peel ensured that the aim of the police was to reduce incidents of crime, rather than to reach a target number of arrests. By the middle of the 19th century, there were police forces all over the UK. Today, there are thirty-nine in England, four in Wales, one in Northern Ireland and one in Scotland, plus four specialist forces. There are also many other nicknames for the police, including: coppers, the cops, the fuzz, old Bill, the rozzers, the boys in blue and Mr. Plod.

(Image: Richard Croft at geograph.org.uk / CC BY-SA 2.0)

Until the Marriage Act of 1753, a marriage was a private matter of mutual consent that was not even necessarily recorded. Sometimes marriages took place in the porch of a church, but not inside. Couples could separate but not divorce (this was introduced in the Reformation). Engagements, or ‘handfastings’, were similar to agreeing a contract, with hand-holding sealing the deal.

After 1753 the minimum age for marriage was 21 and weddings had to be held in a church. Registry offices were established in 1836 for couples wanting non-religious weddings. The 1929 Ages of Marriage Act reduced the minimum age to 16 with parental consent. The 2013 Marriage (Same Sex Couples) Act allowed homosexuals to marry in registry offices. It is illegal to marry a relative closer than a cousin, though marriage of cousins is frowned upon. Adopted people can marry anyone in their adopted family except for the parents, but this is also rare.

One marriage ritual now performed only as a nod to our Victorian past is the prospective husband requesting permission from the father for his daughter’s hand in marriage. This used to be because the husband inherited his father-in-law’s property. A woman therefore had to be very selective in her male acquaintances.

(Top image: pixabay.com)

All British subjects possess what are called ‘protected characteristics’ in one way or another. These encompass gender, age, race, creed, religion, beliefs, disability, marital status and pregnancy. Add to these, trade union membership and whether your work is part-time, and there you have the current scope for possible discrimination in the workplace.

Discrimination takes the form of treating an employee less favourably than one with different ‘protected characteristics’ for no other reason. A person’s qualifications, personal skills and work experience should be the only factors taken into consideration, although in some special circumstances an employer is allowed to have specific criteria for recruitment purposes, e.g. women only for a women and children’s refuge.

Under the Equality Act 2010, employers who do discriminate in recruiting, dismissing, promoting, training and setting the pay of employees can be taken to a tribunal by the disadvantaged employee. Fines can run into tens of thousands of pounds in these cases.

(Image: pixabay.com)

Reaching the age of 17 in the UK gives a few more legal rights on top of those granted at age 16. The most important milestone for many teenagers is the right to drive. A 17-year-old can take the driving test and, if successful, can drive any vehicle except:-

• lorries
• motorbikes over 125cc
• buses, unless he/she is in the Armed Forces

A 17-year-old can also fly an aeroplane or helicopter; leave his/her foster home or other care arrangement; donate blood; write a consent for body donation to a medical school; and be interviewed by the police without his/her parents having to be there. However, 17 is still not old enough to be classed as an adult, apart from a few child protection situations in Scotland.

(Image: Carissa Rogers at Flickr.com / CC BY 2.0)

The Electoral Register contains all the names and addresses of adults living in the UK who are eligible to vote in General and Local Elections. Although each person must take action to register, it is not supposed to be optional and the fine for not registering can amount to £1,000. Nevertheless, it is estimated that 15% of those who should register, have not done so. This hampers their credit rating and means they cannot serve on a jury.

A Household Enquiry Form is sent to every home in the UK each year by local councils. This lists the people who previously registered and asks for that information to be checked and amended where necessary. The response can now be given online, making it a very simple process.

A young person can register when they are 16 years old, in readiness for voting from the age of 18 (in Scotland, this is 14 years old, for voting in local elections from age 16). Members of the House of Lords cannot vote in General Elections, neither can EU citizens, nor convicted prisoners.

(Image: Anna Shvets at pexels.com)