Law revision slideshow

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A slideshow I made wen revising for As law

A slideshow I made wen revising for As law

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  • 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 don’t have to give name and station for arrests Safeguards (Police don’t 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 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 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 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 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 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
  • 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 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
  • 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 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 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 society’s 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 25’s 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 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.
  • 8. 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 Appeals from the crown court 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 Appeals from the crown court 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 Appeals from the crown 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. Appeals from the crown court 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
  • 9. Types of sentence (Adult) These 4 main categories were set out by the Criminal Justice Act 2003 Custodial Sentences FinesDischarges Community 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
  • 10. 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 institutions Only 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 Community Sentences •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 Community 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 Sentences •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 Sentences •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
  • 11. 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.
  • 12. 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 Appearance The 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.
  • 13. 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 appeal Permission 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
  • 14. 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
  • 15. 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 1998 Good Character Understanding & commitment Social 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
  • 16. 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
  • 17. 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.
  • 18. 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
  • 19. 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