steve2507 522 Posted May 10, 2013 Report Share Posted May 10, 2013 could anyone enlighten me on the difference between an act and a law ??? thanks steve Quote Link to post Share on other sites
WILF 51,095 Posted May 10, 2013 Report Share Posted May 10, 2013 could anyone enlighten me on the difference between an act and a law ??? thanks steve Basically, wording......you have to abide by them either way Quote Link to post Share on other sites
desertbred 5,490 Posted May 10, 2013 Report Share Posted May 10, 2013 Laws are supposed to apply equally and fairly to all members of society Acts are a legislation that can be passed by parliament and can be biased in favour of one party or another Example the Hunting with Dogs Act Bans coursing hares or deer but favours shooters and allows them to use up to dogs for flushing hares or deer to the guns , basically an act can be manipulated to suit what ever the ones applying it want to another example the right to roam Act but you can be charged with tresspassing in serch of game soley by being on private land with a dog. Quote Link to post Share on other sites
desertbred 5,490 Posted May 10, 2013 Report Share Posted May 10, 2013 Laws are supposed to apply equally and fairly to all members of society Acts are a legislation that can be passed by parliament and can be biased in favour of one party or another Example the Hunting with Dogs Act Bans coursing hares or deer but favours shooters and allows them to use up to dogs for flushing hares or deer to the guns , basically an act can be manipulated to suit what ever the ones applying it want to another example the right to roam Act but you can be charged with tresspassing in search of game soley by being on private land with a dog. Quote Link to post Share on other sites
Blackbriar 8,569 Posted May 10, 2013 Report Share Posted May 10, 2013 (edited) I disagree, Desertbred - An Act of Parliament dictates what activities are illegal, and under what circumstances. Law is how that Act is applied 'in the real world, and is defined through the process of 'precedent', where the Act is interpreted and clarified in successive cases by a judge. In theory at least, Law can come to be something different to the Act that gave rise to it - sometimes to such an extent that the Act has to be re-drafted by Parliament. A recent example is the 'bedroom tax', where an Act says a payment must be made on each 'spare room', but a succession of test cases has been necessary to determine exactly what constitutes a 'spare' room. Edited May 10, 2013 by Blackbriar Quote Link to post Share on other sites
steve2507 522 Posted May 10, 2013 Author Report Share Posted May 10, 2013 Thanks for that ,but if its an act does it come under a civil matter and not under a criminal law ? Quote Link to post Share on other sites
desertbred 5,490 Posted May 10, 2013 Report Share Posted May 10, 2013 (edited) The Spare room act is an act passed by parliament ansd untill it is challenged under law it cannot be a law also it is biased in as much as it applies to council houses that are owned by local councils or housing associations but it does not apply to private residences for example the Queen and he r family have dozens of properties with hundreds of vacant rooms yet they do not fall under the act yet the queens source of income is from the privy purse that is derived from public taxes exactly the same as some one on benefits who will loose 14 pounds per week per room so Acts are discriminatory and can be made to apply to different people the only difference the Queen can not be prosecuted under law while her subjects can which in itself is discriminatory Edited May 10, 2013 by desertbred Quote Link to post Share on other sites
desertbred 5,490 Posted May 10, 2013 Report Share Posted May 10, 2013 the Act would be prosecuted in the court under civil law to bring a charge under criminal law the police and the CPS have to bring the charge Quote Link to post Share on other sites
Matt 160 Posted May 10, 2013 Report Share Posted May 10, 2013 I disagree, Desertbred - An Act of Parliament dictates what activities are illegal, and under what circumstances. Law is how that Act is applied 'in the real world, and is defined through the process of 'precedent', where the Act is interpreted and clarified in successive cases by a judge. In theory at least, Law can come to be something different to the Act that gave rise to it - sometimes to such an extent that the Act has to be re-drafted by Parliament. A recent example is the 'bedroom tax', where an Act says a payment must be made on each 'spare room', but a succession of test cases has been necessary to determine exactly what constitutes a 'spare' room. The so called 'bedroom tax' doesn't require payment of anything. It just prevents people claiming benefits for rooms they don't need. Quote Link to post Share on other sites
steve2507 522 Posted May 10, 2013 Author Report Share Posted May 10, 2013 Civil law The system of law concerned with private relations between members of a community rather than criminal, military, or religious affair. So would would this mean a police officer has nothing to do with it hence a civil mattet?? Quote Link to post Share on other sites
desertbred 5,490 Posted May 10, 2013 Report Share Posted May 10, 2013 Civil law The system of law concerned with private relations between members of a community rather than criminal, military, or religious affair. So would would this mean a police officer has nothing to do with it hence a civil mattet?? As far as I know the police do not involvre in civil matters unless the law may be broken like if some one is being evicted it is a civil matter and carried out by bailiffs of the county court the police may be asked to attend if it is though a breach of the peace may occur which would then be a criminal offence other wise police are not supposed to interfere in civil matters. Quote Link to post Share on other sites
steve2507 522 Posted May 10, 2013 Author Report Share Posted May 10, 2013 So what does the hunting act come under criminal or civil with it been an act of parliament? Quote Link to post Share on other sites
desertbred 5,490 Posted May 10, 2013 Report Share Posted May 10, 2013 (edited) you cant be imprisoned under the hunting act as far as I undestand but you can be fined ,given a conditional dicharge even disqualified from driving and you appear in a magistrates so would think its criminal as its usually the Cps who bring the charge on evidence provided by the police but it hasnt been tested in court that many times so I think that is why so many get charged under the old poaching law tresspass in searck of game clive reece would be the boy to ask. Also usually when hunts have been prosecuted under the act its usually a civil action brought by the RSPCA I think the law or act has been left so qambiguous intentionally so most lads plead to the tresspass Edited May 10, 2013 by desertbred Quote Link to post Share on other sites
steve2507 522 Posted May 10, 2013 Author Report Share Posted May 10, 2013 its something to be seriously looked into with this , it was only today an old boy who i sort a bit gardening out for was asking me about the dogs then the hunting act ,then proceeded to tell me to look into acts and the law and where the hunting act stands between civil and criminal law thanks for info lads Quote Link to post Share on other sites
Malt 379 Posted May 11, 2013 Report Share Posted May 11, 2013 Once an act of parliament passes through and gets signed by both Houses of Parliament it then becomes the law, does it not? So in other words, new laws are made via acts of parliament? Quote Link to post Share on other sites
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