OCR GCSE Citizenship Studies: Rights, the law and the legal system - a complete section overview
A complete overview of OCR's GCSE Citizenship Studies Section 1, Rights, the law and the legal system. Covers rights and responsibilities, human rights and the Human Rights Act, criminal and civil law, the sources of law, the courts, tribunals and access to justice, and youth justice, plus the question types and how this section underpins the whole course.
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What this section demands
Section 1, Rights, the law and the legal system, is the foundation of OCR GCSE Citizenship Studies. OCR states that it underpins the whole specification and is examined in all three papers, so it is the section to know most securely. It covers what rights and responsibilities are, how human rights are protected, the difference between criminal and civil law, where the law comes from, how the courts and justice system work, how people resolve disputes and get access to justice, and how the law deals with young offenders. This overview ties the seven dot-point pages together.
Rights and responsibilities
A right is an entitlement; a responsibility is something you are expected to do in return. OCR distinguishes legal rights (protected by law, such as a fair trial), human rights (universal, such as the right to life) and moral rights (based on values). Rights and responsibilities are linked, and in a diverse society rights often conflict (free speech against freedom from discrimination), so the law balances them, which is why most rights are not absolute. The Equality Act 2010 is the key law balancing competing rights.
Human rights and the law
Human rights are universal, inalienable entitlements set out in the Universal Declaration of Human Rights (1948) and the European Convention on Human Rights (1950). The Human Rights Act 1998 brought the Convention into UK law, so people can defend their rights in UK courts. Protection comes from the courts (including the power to declare a law incompatible), an independent judiciary, judicial review, the Equality and Human Rights Commission, a free press, and pressure groups such as Amnesty International and Liberty. The Convention is separate from the European Union.
Criminal and civil law
Criminal law deals with offences against society, brought by the state through the Crown Prosecution Service, heard in the Magistrates' or Crown Court, proven beyond reasonable doubt, leading to punishment. Civil law deals with disputes between individuals, brought by the claimant, heard in the County or High Court, decided on the balance of probabilities, leading to compensation. A single event can be both.
Sources of law and key principles
Law comes from legislation (Acts of Parliament), common law (judge-made) and precedent (following higher courts), with statute taking priority. Laws are made by Parliament (a Bill through the Commons, the Lords and Royal Assent). Key principles include the rule of law (no one is above the law), equality before the law, the presumption of innocence and the right to a fair trial before an independent court.
The justice system and the courts
Criminal cases run from the Magistrates' Court to the Crown Court (judge and jury), with appeals to the Court of Appeal and Supreme Court; civil cases use the County and High Court. The police investigate, the CPS prosecutes, judges apply the law and sentence, juries decide the facts, and lawyers represent the parties. Sentencing aims to punish, deter, protect the public, rehabilitate and make reparation.
Tribunals, access to justice and youth justice
Tribunals settle specialist disputes (such as employment) informally; mediation and arbitration offer routes outside court. Access to justice means everyone can use the legal system, supported by legal aid and advice services such as Citizens Advice, though cost, complexity and legal-aid cuts since 2013 are barriers. In youth justice, the age of criminal responsibility is 10, the youth court and youth offending teams focus on preventing reoffending, and custody is a last resort.
Check your knowledge
A mix of recall questions covering the whole section. Attempt them, then check the solutions.
- Name the three types of right OCR distinguishes. (3 marks)
- Which 1998 Act brought the European Convention on Human Rights into UK law? (1 mark)
- What is the standard of proof in a criminal case, and in a civil case? (2 marks)
- Name the three main sources of law in England and Wales. (3 marks)
- What does the rule of law mean? (2 marks)
- Which court hears the most serious criminal cases, with a judge and jury? (1 mark)
- Name two aims of sentencing. (2 marks)
- What is the difference between mediation and arbitration? (2 marks)
- What is the age of criminal responsibility in England and Wales? (1 mark)
Sources & how we know this
- OCR GCSE (9-1) Citizenship Studies J270 specification — OCR (2016)