Law revision slideshow

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A slideshow I made wen revising for As law

Transcript of Law revision slideshow

  • 1.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 dont have to give name and station for arrests Safeguards (Police dont have to)

2. 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 doesnt 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 1996 Based 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 3. 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 isnt 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 Courtwillconsider - Nature and seriousness of the crime - Past criminal record - Character and associations of the defendant ConditionsofBail - Bail can be unconditional - Conditions can include: - Report to police - Reside at specified address - Abide by a curfew Appealofbail - 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. 4. 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 Didnt involve violence Didnt involve much money Shown any remorse Early guilty plea means a third of sentence if done at first reasonable opportunity 5. Barristers Self Employed Share Chambers to share administrative expenses with other barristers Most chambers are small with 15-20 barristersEmploy 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 access Since 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 Work Work is allocated through the cab rank rule This means Barristers must take what cases they are given QC After 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 Training of Barristers 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. Training of Barristers When a barrister receives a brief from a solicitor he doesnt enter into a contract with his client and so cant sue if fees arent paid and likewise the client cant 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 6. 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 cant form limited companies and so have unlimited liability for their debts. The number of partners isnt 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 societys 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 Training of solicitors Next is for the student to gain a two year training contract getting practical experience This can be done in the CPS Training of solicitors They also must complete a 20 day professional skills course The trainee will then be added to law societys roll of solicitors Training 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 25s and takes longer 7. 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 the