The laws that the courts use when considering cases includes statute law, common law and EU law – all of which are used together in order for a judge or jury to come to a fair and legal decision about the case they are hearing.
Generally speaking the court will firstly apply EU law to the circumstances of the case it is hearing as this takes precedence over UK statute and common law. If EU law is not applicable, statute law will then be considered. If this is relevant and offers a clear and unambiguous ruling, statute law will be used to resolve the case.
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One of the fundamental aspects of the EC Treaty in relation to employment law is that any citizens of EU Member States and Swiss Nationals have the right to enter the UK to work as long as they fulfill all current employment law requirements. This right has existed since the European Community was founded in 1957 and has been provided for in various EU treaties and directives.
If you are a citizen of the EEA (European Economic Area) you must live in one of these countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
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Computer hacking and other forms of computer crime can be a very profitable business and has proliferated in recent years with the widespread use of electronic systems and use of the internet. Computer hackers are sometimes referred to as cybercriminals and they can cause a lot of damage to business, individuals and governments.
The main piece of legislation that the courts use to punish computer hacking is the Computer Misuse Act 1990. The Act makes it illegal to break into computer systems and otherwise interfere with their operation through the introduction of computer viruses or other forms of malicious computer code.
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Generally speaking there are two types of laws in the UK. The first is statue law which includes Acts of Parliament – primary legislation – and secondary types of legislation such as rules and regulations. The second is common law – also known as ‘judge-made’ law or ‘case law’ – which is developed by judges as they hear cases and pass judgments on matters before them in court. Common law is necessary as in some cases statute law does not fully cover all aspects of a matter or is unable to adequately and fully guide the judge in the circumstances of the case. In these cases a judge will look at the decisions made by past judges on similar cases to guide their own decision.
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If your case has been heard by the lower courts – consisting of the county and magistrates’ courts – and you think that the court has made the wrong decision, you can potentially go the Court of Appeal and ask for your case to be reassessed. The Court of Appeal of England and Wales can also look closely at how the decision in your case was arrived at.
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