As I’m learning about food security and the development of a National Food Strategy, it occurs to me that I have very little understanding of how UK law operates! If Custom are to help create food systems change, we will need at least a basic understanding in order to know if and how to try and revise relevant legislation.

Criminal vs Civil Law

Criminal law = Incidents governed by law that concerns the relationship between an individual and the rest of the community

• Criminal Case = prosecution, started by the State in the form of an arrest and charge, and (dis)continued by Crown Prosecution Service (lawyers who are civil servants, independent of the police)
• The prosecution must prove their case beyond all reasonable doubt for conviction. A failure to do so will result in acquittal of the defendant.
• The objective of a prosecution is primarily to punish; a defendant found guilty is sentenced to (for example) imprisonment, a fine or a community sentence (unpaid work). Punishment gives no direct benefit to the victim of the crime

Civil law = Incidents governed by law that concerns the relationship between individuals

• Civil proceedings = actions or claims, not prosecutions, started by the person who has suffered damage
• A party must prove its case on the balance of probabilities only (not beyond all reasonable doubt)
• A claimant (or ‘plaintiff’) seeks compensation for the losses s/he has suffered

Sources of Law

Case Law (the decisions in actual cases which have been considered by the courts) is one of the main sources of English law today, in addition to ‘statute’ (an Act of Parliament) – a form of legislation – and European Union law.

1. Government publishes Green Paper (consultation doc on possible new law)
2. It becomes a White Paper (incorporates Gov proposals for new law)
3. Which then becomes a
   • First Reading – bill is read out in House of Commons (democratically elected)
   • Second Reading – principles of the bill is discussed
   • Committee Stage – amendments discussed
   • Report stage – votes on amendments
   • Third Reading – vote on amended Bill
   • House of Lords (not democratically elected) proceedings – they go through all above 5 stages
   • Amendments by Lords sent to House of Commons – Bill can go back and forward between the HoL and HoC
   • Royal Ascent – Royal family approve the Bill and it becomes an Act of Parliament (now a formality, last time approval was withheld was 1709)

Question: how do you get gov to publish a Green Paper??