Law revision slideshow

Police Powers (Arrest)

A police officer can arrest without a warrant anyone he has reasonable grounds for suspecting is/has/ or is about to

commit any crime

The police officer must reasonably believe an arrest is necessary (Code

of Practice G)

Arrest may be necessary to find name and address or to make a prompt and effective

investigation.

Law Police and criminal evidence act 1984

Section 24 arrest without a warrant Amended in 2005

Extra Information

Magistrates court act 1980

Police can arrest people in their homes with a

warrant

Extra Information

Common Law (Made by a judge)

Police have power to arrest for breach

of the peace e.g. shouting

•Police must inform suspect they are arrested and the reason

•They must take you to the nearest police station as soon as is possible

Safeguards (What police

must do)

•The police must only use reasonable force

•They must give caution that anything they say may be used as evidence

Safeguards (What police

must do

•The police don’t have to give name and station for arrests

Safeguards (Police don’t

have to)

ADR (Alternative Disputes

Resolutions)

Arbitration - A selected arbitrator will make a final,

definite outcome

Mediation – A neutral mediator will help

parties resolve conflict but mediator doesn’t

play an active part

Conciliation – Conciliator may suggest compromises

to the parties

Negotiation – Parties will negotiate and try to find a

compromise

Law Arbitration Act 1996Based on reforms

suggested in Woolf report 1996

Scott v Avery

This is usually in contracts and means in the case of any

disagreements both parties agree to use arbitration

Mostly found in contracts between

companies

‘award’ Whoever gets the final decision and is then entitled to money is

given the ‘award’

This differs from court where the person is held

liable

Bail

Bail should be granted to anyone who appears before magistrates or crown

court in connection with proceedings for an offence

Bail should be granted to anyone who is accused of

an offence who applies to a court for bail

Anyone convicted of an offence who appears before magistrates

for breach of a probation or community service order

Should be granted to anyone convicted of an offence whose

case has been adjourned to obtain reports.

•If the court is satisfied there are substantial grounds for believing the defendant if released on bail would:

•Fail to surrender to custody

•Commit an offence while on Bail

•Interfere with witnesses or obstruct the course of justice.

Exceptions to Bail

•If the court is satisfied the defendant should be kept in custody for his own protection or for children and young people, for his own welfare

•There isn’t sufficient evidence due to time to make decision

Exceptions to Bail

•Defendant has broken conditions of bail in past

•If the defendant was on bail in connection with criminal proceedings.

Exceptions to Bail

Law Bail Act 1976 Section 4 – There is a general right to bail Schedule 1 to bail

Scott v Avery

This is usually in contracts and means in the case of any

disagreements both parties agree to use arbitration

Mostly found in contracts between

companies

‘award’Whoever gets the final decision and is then entitled to money is

given the ‘award’

This differs from court where the person is held

liable

Cour

t will

con

side

r - Nature and seriousness of the crime- Past criminal record- Character and associations of the defendant Co

nditi

ons

of B

ail - Bail can be

unconditional- Conditions can include:- Report to police- Reside at specified address- Abide by a curfew

Appe

al o

f bai

l - If Bail is refused defendant can renew application or appeal- Prosecution can appeal against the granting of bail if the offence is punishable by at least 5 years in prison.

Aims of Sentencing

Retribution

Deterrence

Rehabilitation

Incapacitation

Reparation

Denunciation (Used by judges not named in CJA

2003)

Law Criminal Justice Act 2003 section 142

Any court dealing with an adult offender must have regard to the aims

of sentencing

Factors surrounding the

offence

The court will consider all aggravating factors

(may increase the sentence)

The court will consider all mitigating factors (may decrease the

sentence)

The offender Court will consider previous convictions Pre sentence reports Medical reports Financial reports

Aggravating Factors

Breached trust of victim

Use of weapons

Member of criminal gangs

Stolen items of sentimental value

Hate aspects e.g. Race

Previous convictions

Pre-planned

Mitigating Factors

Didn’t involve violence

Didn’t involve much money

Shown any remorse

Early guilty plea – means a third of

sentence if done at first reasonable

opportunity

Barristers

Self Employed

Share Chambers to share administrative expenses

with other barristers

Most chambers are small with

15-20 barristers

Employ a clerk and other support staff to do admin

tasks case preparation

Barristers can practice from

home

Most barristers focus on advocacy and have rights

of audience in all courts in England and Wales

Barristers often specialise in

one area of law

Barristers About 1200 Barristers Organised by BAR council

Direct accessSince 2004 barristers have direct access to

clients in all civil cases

This was previously only done through solicitors

Salary jobs Can now work for CPS, CDS

They will be paid a fixed salary

WorkWork is allocated

through the cab rank rule

This means Barristers must take what cases

they are given

QCAfter 10 years barristers

can apply for silk (Queens Counsel)

This is like a stamp of approval

•Normally degree based

•Graduate students without a law degree can take one year graduate diploma in law to go on to qualify as a barrister

Training of Barristers

•All student barristers have to pass Bar professional training course which emphasises drafting opinions, negotiation and advocacy.

•All students must join one of the four inns of court and traditionally must dine their at least 12 times before being called to the BAR

•Students can now opt to attend residential weekend courses instead


•After a student has passed the BPTC they are called to the BAR however they must still complete a pupillage

•A pupillage lasts 12 months and involves shadowing a barrister for on the job training.


•When a barrister receives a brief from a solicitor he doesn’t enter into a contract with his client and so can’t sue if fees aren’t paid and likewise the client can’t sue for breach of contract

•They can be sued for negligent work e.g. Saif Ali (1980)

•Barristers can also be sued for negligent advocacy in court Hall v Simons (2000)

Courts

•Legal ombudsman can deal with client complaints against Barristers although BAR council usually handles about 90% of cases satisfactory

•BAR Standards board deals with complaints and if there was poor service the board can order the Barrister to pay compensation of up to £15000

•Council of the Inns of court can discipline Barristers if they fail to meet the standards set out in their code of practice and in extreme cases can bar them from practicing.

Complaints

Majority work in private practice in a Solicitors firm

There are over 115,000 in England and Wales

85000 in private practice

30000 in employed work

Some do work for CPS, CDS, local authorities or government agencies

Solicitors can work in private practice or in a partnership however they can’t form limited companies and so have unlimited liability for their debts.

The number of partners isn’t limited some have over 100

Solicitors have direct access to clients

A large amount of time for solicitors is spent writing letters on behalf of clients, drafting contracts, conveyancing, drafting wills.

Some solicitors specialise in advocacy and some are often involved in negotiation

Per year solicitors can earn between £30,000 to over £500,000

Solicitors Work

There have been problems with the complaints procedure operated by the Law society where there was a conflict of interest between representing the solicitor and the complainant

It has also been criticised for delays and inefficiency

The legal service act 2007 has created the office for legal complaints and is independent from the law society

The legal ombudsman set up by the office for legal complaints in 2010 examines complaints and can order solicitors to pay compensation to unhappy clients

The solicitors regulation authority can fine, suspend or even remove a solicitor the law society role.

Complaints

Solicitors

Solicitors are organised and supervised by the Law society which represents the interests of

solicitors.

To be a solicitor you must be on the law society’s

roll

Solicitors have always had the rights to advocacy in the magistrates and county courts however the courts and legal services act 1990 lets them apply for a certificate of advocacy which allows them to

appear in higher courts

The legal services act 2007 allows new alternative business structures in the

legal profession so new firms can contain barristers, solicitors and non lawyers and operate as ltd companies

so companies like Tesco may soon offer legal advice if they obtain the license.

Training of solicitors

Usual to have a law degree but if in another subject can take the one year graduate diploma

in law

Next is one year legal practice course


Next is for the student to gain a two year

training contract getting practical experience

This can be done in the CPS


They also must complete a 20 day

professional skills course

The trainee will then be added to law society’s

roll of solicitors


For non graduates they can qualify by becoming legal executives and gain

5 years experience working in a solicitors

office

This is only open to over 25’s and takes longer

Advantages

Less duplication of work

Reduced cost due to only paying one

bill

Less errors due to communication

issues

Disadvantages

Advocacy standards would fall

No second opinion

Cab rank rule would go

Lose specialism of barristers.

Fusion of Barristers and

solicitors

In America and most other countries there is only one profession known as lawyers

Due to changes by the 1990 courts and legal services act and the 1999 access to justice act both barristers and solicitors are able to take

most cases from start to finish.

Appeals from the

magistrates court

Appeals depend on if it is on a point of law or for other reasons. There is an automatic

right to appeal

Only the defence can appeal to the crown court where the case is completely reheard

by a judge and two magistrates

If defendant pleaded guilty at magistrates they can only appeal

the sentence

If defendant pleaded not guilty and is

convicted they can appeal conviction and/or sentence

Appeals from the

magistrates court

Appeals to queens bench divisional court

is available to both prosecution and

defence

These are appeals on a point of law

They can be direct from magistrates o following an appeal

at crown court

Appeals from the

magistrates court

From the decision at QBD court there can

be a further appeal to the supreme court if

The divisional court certifies that a point

of law of general public importance is

involved

The divisional court gives leave to appeal because the point is

ne which ought to be considered by the

supreme court

Appeals from the crown court

Defendant can appeal against sentence or

conviction

Appeal goes to the criminal division of

the court of appeals


Originally the prosecution had no right to appeal against the verdict or

sentence passed by the crown court

Some rights have been given such as against a judge’s ruling on a point of law

which stops the case the defendant – criminal justice

act 2003

Prosecution can also appeal against acquittal due to jury or witness

nobbling or there is new and compelling evidence of defendants guilt and the defendant should be retried – double

jeopardy


Both the prosecution and defence can appeal from the court of appeal to the supreme court

But the case has to be certified as involving a point of law of general

public importance

And to get leave to appeal either from the court of appeal or

supreme court


Where a point of European law is involved it is possible for any court to make a reference to the European court of

justice under article 234 of the treaty of Rome.


The criminal cases review commission was set up by the

criminal appeal act 1995

To provide a better system for

investigating possible

miscarriages of justice

Power to investigate possible miscarriages of justice and refer cases

back to the courts (Case Derek Bentley)

Members of commission are appointed by the queen and most investigation

work is doe by the police which is seen as unsatisfactory as they aren’t

independent

Types of sentence (Adult)

These 4 main categories were set out by the

Criminal Justice Act 2003

Custodial Sentences

FinesDischargesCommunity Sentences

Judges and magistrates can give a sentence involving a number of these types of

sentence

Custodial

Sentences

•Fixed term sentences – Defendant usually released after serving 50% Only over 21’s can be sent to prison

•Mandatory Sentences have to be given by judges for certain crime although under 2003 act judges can give a minimum number of years to actually be spent in prison

Custodial

Sentences

•Discretionary life sentences can be given for a variety of crimes however these have no minimum sentence

•Extended sentences allow a defendant to be given a fixed prison sentence then put on license where they will go back to prison if they misbehave

Custodial

Sentences

•Suspended sentences allow a court to suspend a sentence for between 6 months and 2 years where the sentence will only activate if they reoffend in that period leading to double punishment.

•Criminal justice act 2003 s177 created a mix and match community order which can include several different elements such as

•Unpaid work for 40-300 hours in usually 8 hour sessions over a year or less•Activity requirement where the offender must present themselves to a specified person place for a maximum of 60 days in order to take part in activities

•Programme requirement such as anger management programmes•Exclusion orders where the offender may be required to stay away from certain areas. Electronic tags can be used to monitor

•Prohibited activity order can include no contact with certain people or stopping people from going to a certain area

•Curfew requirement where offender is expected to remain in a specified place for between 2 – 12 hours at a time and can last up to 6 months

•Drug treatment and testing order for over 16’s with their consent this can be residential the court will set the number of tests to be completed by the offender over a time period

•Supervision requirement under an officer for up to 3 years

Community Sentences

Fines – the aim of fines is to punish and deter re-offending. The maximum fine by the magistrates is £5000 however the crown court can impose unlimited fines. The level of the fine depends on the seriousness of the offence and financial situation of the defendant. Under the 2001 criminal justice and police act the police can issue on the spot fines for anti social behaviour

Absolute discharge where the crime is deemed trivial or the judge believes no sentence would really serve a purpose.

Conditional discharge is a discharge conditional on the defendant committing no further offences in a specified time period which can be no more than three years

Types of sentence (Young

offender)

This includes all offenders younger than 21

For all offenders aged 10-20 the aim must be rehabilitation

Offenders 10-17 are usually tried in a special youth court

unless the crime is very serious

18-20 year olds are usually tried in the normal adult

criminal courts

Custodial Sentences

Young offenders institutionsOnly for 18-20 year olds and

minimum sentence is 21 days

Offenders who turn 21 are moved to prison for the rest

of their sentence.

Custodial Sentences

Detention and training orders

Created by the crime and disorder act 1998

They can be for 4-24 months and involve 12-21 year olds being

detained in custody whilst undergoing specific training

Detention for serious

crimes

Young offenders can be detained in secure children’s

homes for a fixed term

Maximum term is the same as adults can get

Detention at her majesty’s

pleasure

Mandatory sentence for murder for those 10-17 and is an indeterminate period

of custody

They are released when deemed suitable to do so often with new identities

Communi

ty Sentence

s

•This is the youth version of the new mix and match adult community orders created by the 2008 criminal justice and immigration act

•The orders given are mainly the same as for adults but only over 16’s can be given unpaid work

Communi

ty sentences

•Activity requirement•Supervision requirement

•Attendance centre order – can be given up to age 25 and involves compulsory attendance for 2/3 hours a week for sports, leisure and some training

•Curfew•Education requirement•Residence requirement•Drug treatment order

Other

Sentence

s

•Fines/compensation orders

•For 10-13’s max fine is £250

•14-17 max fine is £1000

•Parents are legally responsible for paying compensation orders and fines given to under 16’s.

Other

Sentence

s

•Discharges•Bans – such as from football matches

•Reparation order – cleaning graffiti

•Parenting orders – may involve parents having to take their child to school or be in every evening to look after them

•Reprimands and warnings can be issued fir first time offences and the police won’t take the case to court

Police powers (Detention)

Police powers of detention are found in

PACE and codes of practice C

Anyone brought to police station must be brought to the

custody officer as soon as practicable after arrival

Custody officer must start a custody record in which all events at the station in relation

to the suspect must be written down

This will include time of arrival, why they were brought here and any

reviews of the detention.

Visits to the detainee and any other events will also be recorded

After arrival at police station

suspect may be detained for 24

hours

Police can then detain for another 12 hours (total 36) with permission of

a senior officer

After this time the suspect must be released unless

being detained in connection with an indictable offence.

In these circumstances the

police have the right to apply to

the magistrates for permission to hold

detainee longer

Magistrates can order detention for a maximum of 96

hours

In this case the detainee has the right to be legally

represented to oppose the police

application

There must be regular reviews by

custody officer firstly no longer

than 6 hours after detention and then every 9 hours after

If at any time the custody officer

decides there are no grounds for continuing the detention he is under a duty to

order the detainee be released.

Rights of detained person

•Must be told their rights by custody officer•Code C states that the detainee must be given out a written notice setting out these three main rights

•The arrested person can nominate any friend or relative to be informed of their arrest and where they are being held however in the case of an indictable offence this right may be delayed up to 36 hours

•Code C states the detained person should be allowed to speak on the telephone to someone for a reasonable length of time

• If the suspect is under 17 then someone responsible for their welfare must be informed of arrest

•A detained person may contact their solicitor or use the system of duty solicitors provided for free for anyone under arrest

•The custody officer must ask the suspect to sigh the custody record saying whether he wishes to have legal advice

•Police stations must have posters displayed informing the right to have legal advice

•A senior officer can delay this right for up to 36 hours•All detained people have the right to consult with the codes of practice.•Cells must be adequately cleaned, heated, lit and ventilated•A suspect should be offered at least 2 light snacks and one main meal in any 24 hours.

•Drinks should be provided at meal times and upon reasonable request between meals

•Right to silence – before criminal justice and public order act 1994 defendant could refuse to answer questions without any conclusions being drawn however now conclusions may be drawn from silence.

• In any 24 hour period a suspect must be allowed at least 8 hours continuous sleep.

Protection of suspects

Section 76 of PACE states that evidence gained

through oppression will not be accepted as evidence

This includes threat, torture or degrading treatment

Searches, fingerprints and samples

Strip searches must take place away from people who

have no reason to see and no member of the opposite

sex should be present

Intimate searches can be authorised by a high ranking police officer. If it is a search for drugs it must carried out

by a doctor or nurse. If for other items it should be carried out by a suitably qualified person but a high

ranking officer can authorise someone else.

Searches, fingerprints and samples

Fingerprinting can take place at the police station and will ask the detainee to agree to this,

though if not reasonable force may be used

Non intimate samples can be taken by the police and if defendant doesn’t agree reasonable force may be

used

Intimate samples such as blood, semen, urine, pubic hair, dental impression or

swab from pubic area can only be done by a doctor or nurse.

Police Powers (Stop and Search)

Stop and search powers are found

under code A of the codes of practice

The purpose of stop and search is to allow the police to check out their suspicions without having to arrest the person

Police officers have specific powers to stop and search under the misuse of drugs

act 1971

Detention for the purpose of stop and search must take place

at or near the location of the stop. In order to stop a vehicle

the constable must be in uniform s 2(9) of PACE

•The main police power to stop and search is given under S1 of PACE

•This gives the police the right to stop and search people and vehicles in a public place e.g. Street or car park

•This can include a garden if the officer has good reason to believe the person doesn’t live at that address

Powers under PACE

•To stop and search under PACE a police officer must have reasonable grounds for believing the person or vehicle is in the possession of stolen goods or prohibited articles S 1(3) PACE

•These include offensive weapons in connection with burglary, theft or criminal damage.

Powers under PACE

•If the search is in public the police can only request the suspect removes outer coat, jacket and gloves s 2(9) PACE

•The police officer must make a written report as soon as possible after each search

•If the officer wishes to make a more thorough search such as asking the suspect to remove their shoes or t-shirt this must be done out of public view or in a police van.

Powers under PACE

Safeguards

PACE states that the officer must give his name and station, if not the search may

be unlawful

If a constable is not in uniform he must

produce documentary proof

he is an officer

There must be reasonable grounds

for a stop and search such as suspicious

behaviour

AppearanceThe only time an

officer may base a stop and search on

opinion is with gangs

If these gangs where a distinctive item of

clothing to show they belong to such gang

Other powers to stop and search

The terrorism act 2000 – more powers

than PACE can ask suspect to remove

headgear and shoes

The criminal justice and public order act 1994 – Must be

authorised by a senior officer and is in anticipation of

violence.

Voluntary searches

since 2004 code of practice A has made clear a voluntary search

can only be made where a power o search already exists.

Civil appeals

Appeal routes are now set out in the civil procedure

rules 1999 part 52 which was based on the Woolf report

The three divisions of the high court each

has their own appeals court

Permission is needed to make any civil

appealPermission will only be granted if there is a real

prospect of success or some other compelling reason to

allow an appeal

Fast track and small claims

Dealt with initially by a district judge

Appealed to a circuit judge

Fast track Dealt with initially by a circuit judge

Appealed to a high court judge

Second appeals from small claims

and fast track

Any second appeal goes to court of appeal (civil

division)

Permission for a second appeal will rarely be

granted as set out in s5 access to justice act

Multi track Any appeals go to court of appeal

Second appeals will go to the supreme court

Multi track appeals

In exceptional circumstances can

leapfrog under the 1969 administration of justice

act to the supreme court

Only if it is on a point of law of general public

importance

European court of justice

Any civil court may make a discretionary

article 234 reference to the ECJ to help them interpret an EU law

The ECJ doesn’t decide the case but clarifies a point of law. Supreme

court must make reference if EU law meaning is unclear

Mode of trial

All criminal cases will first go to the magistrates

court

Criminal offences are divided into three main categories – summary,

triable either way, indictable

Type of offence being dealt with affects the

number of and type of pre trial hearings.To prevent delays the first

hearing in now an early administrative hearing one by a single lay magistrate or clerk of

the court

An EAH finds out if the defendant wants legal

aid, bail and if pre sentence reports are

needed

Summary offences

Least serious

Tried in magistrates court

e.g. Criminal damage worth less than £5000,

common assault

Magistrates may want pre sentence reports

When a defendant wants to plead not guilty there will almost always be an

adjournment

Bail must be decided on

Triable either way offences

Middle range crimes e.g. theft, ABH

Can be tried in either magistrates court or crown

court

Plea before venue only for either way offences

If pleads guilty the defendant has no right to ask for case to

be heard in crown court however the magistrates may

decide to send him there anyway

If the defendant pleads not guilty then mode of trial

proceedings will take place to decide on the venue

Under s19 of the magistrates court act 1980 they must consider the nature and seriousness of the crime,

their own powers of punishment. Complex cases

should be sent to crown court

Defendant election – if the magistrates accept

jurisdiction the defendant has the right to choose trial

by jury or magistrates.

Indictable offences

First hearing is always in magistrates court

All indictable offences are sent to the crown court

e.g. Murder, manslaughter, rape

Most serious crimes

Magistrates

No education or legal qualifications are

required

Lay magistrates must be able to work as a team, assimilate

factual information, and come to a reasoned decision.

Must be between 18 and 60, unpaid subject

to expenses

They must live or work within or near the local

justice area they are allocated

Must be prepared to sit at least 26 half days

a year

Must be prepared to give up time to

undertake training.

Civil role of magistrates

Hear appeals against failed

licensing applications

Enforce debts owed to utilities

companies and non payments of council tax

Emergency child cases e.g.

Residence in cases of

domestic violence

Criminal role of magistrates

Arrest and search warrants

Extending detention

Pre trial hearing

Bail

Mode of trial

Trial court

Appeals

The youth court

The 6 key qualities of magistrates set out by the

lord chancellor in 1998Good Character Understanding

& commitmentSocial

awareness

Maturity and sound

temperament

Sound judgement

Commitment and reliability

•Anyone convicted of a serious criminal offence•Un discharged bankrupts•Members of the forces•Anyone such as police officers and traffic wardens including close relatives of•Anyone with an infirmity or hearing impairment

Who is excluded from being a magistrate

•1500 magistrates appointed each year•Appointments are made by the lord chancellor who relies on recommendations made to him by the local advisory committee

•People who want to apply can nominate themselves or allow themselves to be nominated by others•Nominations are sent to the Local advisory committee there are about 12 members and one third must be non magistrates.

•There is a two stage interview: the first to find out personal details and whether they possess the 6 key qualities of a magistrate

• In the second interview applicants are given two case scenarios to see their judicial skill.•A magistrate may until they are 70

Selection and appointment

•Training is supervised by the magistrates committee of the judicial studies board

•Carried out in local areas and there are 4 areas of competence – managing yourself, working as a member of a team, making judicial decisions, managing decision making

•Initial introductory training•Core training•Activities -observations of court sittings•Each new magistrate keeps a personal

development log of their progress and has an experienced magistrate as a mentor

•There will be an appraisal after two year to see if magistrate is ready if not further training will be given

•Within these 2 years between 8-11 sessions will be mentored and they are expected to attend seven training sessions.

Training

•Magistrates must retire at 70 however they can then perform certain administrative duties

•Under S11 of the courts act 2003 the lord chancellor can dismiss tem for misconduct or failure to meet the standards of competency. Removal for misbehaviour is usually if a magistrate is convicted of a serious offence.

Other

Civil courts and tracks

It is a rule of thumb deciding which track

cases go in The judge always decides who pays the legal fees

County court

220+ county courts in the county, one in

most towns

Use district judges and circuit judges

Hear nearly all types of civil cases except

tribunals – employment, social

security

Hear all civil small claims track cases and

fast track cases

Hear some multi track cases

Multi track – contract and tort below £50,000

Multi track – trusts and inheritance below

£30,000

High court

Based in London but with regional centres in

big cities

Only hear multi track cases

Each case is allocated to one of three

divisions depending on type of law involved

Queens bench division – contract and tort,

special courts (admiralty)

Chancery division – bankruptcy, intellectual

property laws

Family division – adoption, contentious

divorce

Trust and inheritance above £30,000,

contract and tort above £50,000

•2 hours for whole trial

•Can use lawyers but most don’t as they can be expensive.

Small claims system

•Speed things up so cases usually heard in around 50 weeks but the aim was 30

•Strict timetables

•Suggested by Woolf reforms

Fast track system

•Meeting with circuit judge to decide whether to go to county court or high court

Multi track system

Juries Juries have a role in some civil and criminal

cases

The jury is only in the crown court and only if the defendant pleads

not guilty

Juries criminal role

Judge can’t influence the decision of the jury

Juries have made perverse decisions (legally incorrect decisions which is

known as jury equity)

Jury must try to reach a unanimous decision but if after 2 hours they can’t the judge will instruct them to try and reach a split decision of 11:1 or 10:2

If a decision still isn’t reached it is a hung jury and there may be a retrial

with a fresh jury

The foreman of the jury announces their decision but doesn’t give any

reasons as what takes place in the jury room is private and can’t be

challenged

Jury only decides verdict not sentence

There are 12 jurors who listen to evidence and decide on facts in a case

Juries civil role

They decide whether the defendant is liable and if so what amount of

damages should the defendant pay

In high court 12 jurors sit while in county court only 8 will sit.

Juries are generally only used in cases of defamation, false imprisonment,

malicious prosecution, fraud

Juries also sit in the coroners court to decide on the method of death in

places such as police custody, industrial accidents, deaths in prison

there may be between 7 and 11 jurors in this court

Qualifications of jurors (Juries act 1974) as

amended by the criminal justice act 2003

Section 1 of the juries act 1974

states that to qualify you must

be

Between 18 and 70

On the electoral register

Resident in the UK for at least 5

years since their 13th birthday

Not mentally

disordered

Not disqualified

from jury service

Disqualified from jury duty

•Those who have served any sentence of 5 years or more imprisonment

•Those who have served any sentence in the last 10 years

•Anyone who has been given a suspended sentence or community order in the last 10 years

•Anyone on bail•Those who are mentally

disordered•Those with a lack of capacity

(blind, deaf, poor grasp of English)

Vetting

•The prosecution and defence see the list of potential jurors

•The prosecution sometimes vet the jurors

•The first type of vetting is routine police checks to make sure they aren’t disqualified under the exceptions to jury duty.

• Juror’s backgrounds checks which can only be done with the permission of the attorney general and can only be done in cases of terrorism or national security mostly to check people’s political affiliations.

At court

•There is an officer who summons the estimated number of jurors needed to sit in the courtroom for each two week period.

•The names are randomly selected from the electoral register

•Each courtroom is allocated 15 jurors and from these 12 are randomly drawn by cards from the clerk of the court

•When the jurors are in the jury box 3 challenges can be made by the prosecution or defence

•Challenges can be made based on knowing the defendant or other witnesses, the jury being unrepresentative for example all from the same area.

Criminal courts

Magistrates court

Youth courtCrown court

Magistrates court jurisdiction

Try all summary cases verdict and or sentence

Max sentence – 6 months and or £5000 fine

Pre trial hearing in all criminal cases (funding, plea before venue, bail, mode

of trial)

Try triable either way offences where they accept jurisdiction an defendant

elects for magistrates trial

Grant police warrants and extension detention

Youth court jurisdiction

Cases involving 10-17

Private court (at magistrates court)

Informal court proceedings

Mixed specially trained bench

Crown court jurisdiction

Try all indictable offences – verdict an or sentence

Try some triable either way offences sent to crown for trial

Some sentencing cases transferred from magistrates

Appeals from magistrates decisions can put up sentence (appeal decided by a

judge an two lay magistrates)

Crown deals with young offenders if charged with murder, rape,

manslaughter o death by driving.

Advantages to defendant of

choosing trial by jury

Fundamental right to be tried

by peers in either way offences

Delays date of the trial

Greater chance of acquittal

Greater chance of legal funding.

Advantages to defendant of

choosing magistrates trial

Quicker Cheaper Lower sentence usually Less publicity

Police powers

PACE 1984

Codes of practice

Code A – Stop and search

Code G – Powers of arrest

Code H – Powers of detention

Criminal justice and public order act 1994

Bail

Bail act 1976

Crime and disorder act 1998 - Why bail may

be refused

Bail amendment act 1993 – prosecution has right to appeal

Criminal appeals

Criminal appeals act 1995

Criminal procedure and investigation act 1996 – prosecution have right to appeal

Sentencing

Criminal justice acct 2003 section

142 – aims of sentencing

Criminal justice act 2003 section 143 –

seriousness of offence

ADR

Arbitration act 1996 – covers agreements to

resolve conflicts

Civil appeals

Civil procedure rules 1999 part 52 – appeal routes

1969 administration of justice act – first appeal can leapfrog

Article 234 reference – to ECJ

Access to justice at 1999

Juries

Juries act 1974 – reformed by CJA 2003

Barristers and solicitors

Legal services act 2007 – alternative business structures

for barristers and solicitors

Courts and legal services act 1990 – allows solicitors to advocate in

lower courts

Solicitors lost conveyancing monopoly in 1985

Law revision slideshow

Business

Transcript of Law revision slideshow