A slideshow I made wen revising for As law

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