Chapter Four: Issue One - The Legal Framework; Protecting the citizen Flashcards
(20 cards)
Name three bodies that can make law in the UK
Parliament
Courts
Delegated Bodies
Name two areas in which criminality has changed in the last 50 years
Laws on homosexuality have been relaxed
Laws on smoking in public places have been tightened
Describe the criminal justice process
- Police investigation
- Case handed to the Crown Prosecution Service (CPS)
3a. Serious cases tried in a Crown Court (jury)
3b. Less serious cases tried in a Magistrates Court (magistrates) - Prosecution make case and call witnesses
- Defence cross-examine, call their own witnesses
- Summing up
- Jury/Magistrates reach a verdict
- If verdict is guilty, judge then sentences the defendant
- Punishment
Name three courts in which civil cases can be heard
Small Claims Court
County Court
High Court
Explain why different civil cases go to different courts
Cases go to the Small Claims Court if the case >5k
County Court if >50k
High Court if
Why is civil law important?
Civil law is important as it allows people to enter contracts/arrangement and know that they can be enforced
What law sets out presumed rules on how a person estate will be divided up upon their death?
The Administration of Estates Act, 1925
What does CAFCASS stand for?
Children and Family Court Advisory and Support Service
What is a solicitor?
A solicitor is someone who is learned/skilled in the law
What is the Bar?
The Bar is the profession of barristers
What is a Legal Executive?
A Legal Executive is someone who specialises is a specific field of law, and is an expert in their field. The don’t have to be a law graduate. They are often cheaper than a solicitor.
What is the purpose of Legal Aid?
This provides financial support for people who are poor to bring a case to court or are too poor to defend themselves, so that they aren’t being denied the right to justice.
What are the functions of the Community Legal Service (CLS)?
- To provide general information abut the law
- To provide legal advice
- Help prevent, settle and resolve disputes
- Help enforce decisions of resolutions
How are funds for the CLS allocated?
Selected firms of solicitors have a franchise from the Legal Services Commission. The solicitors receive the funds annually and once the funds are used up they will refuse to take up new cases.
What is the Criminal Defence Service?
The CDS is demand led, meaning that there is no pre-set level funding, unlike the CLS. Nobody can be refused funding. They provide support in three ways;
- Duty Solicitor Schemes
- Direct funding to private lawyers
- Employment of public defenders
What law gives everyone in police custody the right to access a solicitor?
The Police and Criminal Evidence Act 1984
When was the Public Defender scheme launched and how does it work?
The scheme was launched in 2001 by the Legal Services Commission. It works by giving lawyers a fixed salary to represent people charged with criminal offensives. However it wasn’t popular with the British public so unlikely to carry on.
Name the civil law telephone and online helpline
Community Legal Service Direct
What is the Citizen’s Advice Bureau and how many are there in the UK?
The Citizen’s Advice Bureau is a free advice service that specialise in social security and personal debt. It is run by trained volunteers and there are around 700 in the UK.
How does a conditional fee work?
A conditional fee is when the client will ask their lawyer to take some or the risk in the case. So that if the case is lost, then the client will pay a low fee and if the case is won the client will pay a higher fee.
