Criminal Courts And Lay People Flashcards
(177 cards)
1
Q
who are lay people?
A
Lay people are ordinary citizens who are involved in the legal system without formal qualifications or legal training. In the UK lay people can serve as lay magistrates or jurors
Lay magistrates are involved in most criminal cases in England and Wales.
2
Q
> Unpaid
A
> Unpaid
Typically sit in panels of two or three to hear cases.
Assisted by a legal adviser
Range of cases, including minor assaults, motoring offenses, and theft.
Must be at least 18 and under 65, and demonstrate certain qualities such as good character, social awareness, and sound judgment.
3
Q
History of the Jury
A
- Over a thousand years old
> Originally used to provide local knowledge and information
> Independence of the jury established in 1670 through bushells case mistreatment
4
Q
Bushell’s Case;
A
Bushell’s Case;
> The jury determined the offenders were guilty but refused to add a point the judge wanted. The judge then took a series of actions against the jury, i.e. locking them up overnight without food, water, or heat, fining the jury for contempt of court and removing them to prison until the fine was paid
> Bushell, a member of the jury, refused to pay the fine and filed a successful writ of “habeas corpus” which released him.
> The presiding judge ruled that jurors could not be fined or imprisoned for returning a verdict that conflicted with the judge’s assessment. This ruling is known as “Jury Equity” and is considered a foundational moment in the history of jury power.
5
Q
what do Modern day juries do ?
A
- Modern role are the ‘deciders of fact’
> 97% of criminal cases are heard by magistrates, but only 1-2% are heard by juries
6
Q
how many jurors are in Crown courts?
A
(jury of twelve)
> Serious criminal cases (murder, manslaughter, rape)
> Verdict; guilty or not guilty
7
Q
how many jurors are in high courts?
A
(jury of twelve)
> Defamation, libel and slander; false imprisonment; malicious prosecution; fraud
> Decides liability and amount of damages
8
Q
how many jurors are in county courts?
A
(jury of eight)
> Defamation, libel and slander; false imprisonment; malicious prosecution; fraud
> Decides liability and amount of damages
> Incredibly similar to High Court (just a lower court)
9
Q
how many jurors in coroners courts?
A
(jury of between seven and eleven)
> Deaths (in prison, police custody, industrial accident and where health and safety of the public is involved)
> Decides cause of death
10
Q
what are some Jury disqualifications and excusals?
A
> Permanent disqualification (i.e. have served a long prison sentence)
Sentenced in the last ten years
Mental disorders
Lack of capacity (i.e. low IQ)
Armed forces (depends)
Discretionary excusal (i.e. carer for elderly or young)
11
Q
Advantages of choosing to have a jury?
A
- Public confidence
- Jury equity (Ponting’s Case 1984)
- Open system of justice is a keystone of a democratic society
- Less mystery (members of public are given understanding of the law)
- Secrecy (no outside pressure when deciding on decision)
- Independence (i.e. Bushell’s Case)
- Impartiality
- Has worthwhile previous lifetime experience
12
Q
Disadvantages of choosing to have jurors?
A
- Perverse decisions (i.e. Coulson)
- Secrecy: Young 1995
- Lack of understanding is possible (i.e. Connor & Rollock); esp in fraud
- Racial bias (i.e. Sandler v UK); or anti-police bias
- Media influence: West 1996
- High acquittal rate (35% compared to 20%)
- Counselling needed (i.e. for horrific crimes, like Jamie Bolger case)
- Jurors may be keen to get trial over with and not consider facts
- Jury nobbling (influence of the jury to reach a certain result)
- Trials are slow and expensive
13
Q
Reasons for choosing trial by jury
A
- 60% of ‘not guilty’ pleas are acquitted by juries
> In ½ of these cases, the prosecution offers no evidence and the judge discharges the case (jury uninvolved)
> Another 10% are judge-directed acquittals
> Actual jury acquittal is around 35%
> Compared to magistrates acquittal rate (20%)
Most defendants follow their lawyer’s advice based on above statistics
> Guilty defendants may want to serve part of their sentence on remand
> Defendant is more likely to get legal aid at a Crown Court
> A lawyer at a Crown Court is likely much more experienced (certificate of advocacy)
14
Q
Reasons for not choosing trial by jury
A
- Longer wait
> Markedly worse if defendant is actually not guilty, but not given bail and instead remanded in custody
> Waiting times for Crown Court have been reduced over the years; nearly half the cases where the defendant pleads not guilty are dealt with within sixteen weeks - Costs are much greater
> Especially expensive for a defendant who is paying for legal advice
> If the defendant is ordered to pay part of prosecution costs, then the overall cost will be even worse
If the defendant is found guilty, the judge has the power to give a greater sentence than a magistrates can; high risk, high reward
15
Q
Selection of juries - process and criticisms (vetting)
A
Vetting - a check for suitability
- Routine police checks
> Mason (1980); acceptable
> R v Crown Court at Sheffield, ex p Brounlow (1980); invasion of privacy - Political vetting (only the AG can perform this)
> Attorney-General’s guidelines (revised 1988); only to be used in exceptional cases (i.e. national security and terrorist cases), only with the AG’s permission
16
Q
Selection of juries - process and criticisms (Challenging)
A
Challenging - done by prosecution and defence
To the array:
- Romford jury (1993); 9/12 from the same area
- Fraser (1987); black defendant, all white jury
- Ford (1989); OK if chosen at random
For cause:
- Individual juror, e.g. disqualification or if known to the defendant (i.e. Wilson and Sprason (1995) - wife of prison officer on jury)
> Prosecutions right to stand-by juror; no reason need to be given, to be used sparingly; must stand by jury after selection and challenges
> Defendants right to peremptory challenge now abolished (could have been exploited for a more favourable jury); prevents unbalanced juries (i.e. Greenham Common (1985) (all women); Bristol riots (1982) case (all black))
17
Q
Peremptory challenge vs prosecution right to stand by juror
A
Prosecutions right to stand-by juror; no reason need to be given, to be used sparingly; must stand by jury after selection and challenges
> Defendants right to peremptory challenge now abolished (could have been exploited for a more favourable jury); prevents unbalanced juries (i.e. Greenham Common (1985) (all women); Bristol riots (1982) case (all black))
18
Q
Selection of juries - process and criticisms (Criticisms)
A
Use of electoral register
> Not always representative sample of the population; homeless are excluded; young and ethnic minorities may not be on electoral register
19
Q
what is an argument that arises from having Multi-racial juries?
A
> Is the jury desirable if the defendant is an ethnic minority (15% of the population but only 1/10 are registered to vote)
20
Q
what is an issue that arises Disqualified jurors?
A
> A disqualified juror may lie and fall through the cracks in the process to end up serving as a juror on a case; one source estimates 1 in 24 jurors are disqualified but fail to disclose the fact
21
Q
what are some issues that arise with Excusals of jury?
A
> Too many discretionary excusals may lead to a more underrepresentation
22
Q
what is an issue with keeping the
‘Prosecution’s right to ‘stand by’?
A
> Seems unfair to keep this when the defense lost the right of peremptory challenge; more power to the prosecution
23
Q
Lay magistrates - appointment (essentially step one) advantages/ steps
A
- Introductory training
> Understanding the organisation of bench, administration of court, responsibilities of court personnel - Core training - key skills and understanding
- Activities
> Observing court sittings, visits to prisons, probation office, etc
24
Q
Lay magistrates -First sitting(step two) advantages/steps?
A
- Mentored sittings (mentor = experienced magistrate)
> Structured to cover different aspects, e.g. bail, sentencing, short trial (8-11 sessions in first 2 years of sitting in court) - Consolidated training sessions (7 in 2 years of sitting in court)
- Appraisal (extra training)
- Wingers (magistrates adjudicates, on either side of the chair)
- Continuation training and appraisal (three year cycle, appraisal also for chairman)
25
what are some trainings a lay magistrate recieves?
- Magistrates’ New Training Initiative (MNTI 1) and Magistrates’ National Training Initiative (MNTI 2) provide the framework;
> Managing yourself; preparing for court; conduct in court; ongoing learning
> Working in a team in court
> Making judicial decisions - impartial and structured decision-making
> (for the chair of the bench) managing judicial decision-making, chairman’s role, working with the legal adviser, managing the court, effective and impartial decision-making.
26
what is a circuit judge?
a solicitor/barrister training to be a judge who has equivalent powers to three lay magistrates in court.
27
what are some advantages of having lay magistrates in magistrate courts?
- 49% of lay magistrates are women compared to 10% of actual judges
- Much wider background compared to judges
- Ethnic minorities are reasonably well represented,
although district judges are mostly white and male
> £61.78 an hour for district judges
- Local knowledge
> supported with a legal adviser
- Few appeals, most against sentencing which together with training is becoming much more effective and consistent.
28
what are some disadvantages of having lay magistrates in magistrate courts?
- Despite being more representative, still not fully representative; middle-aged, middle-class, middle-minded people with professional backgrounds still outweigh all; larger tendency to do this - unrepresentative in class even if fairly representative in race
- Inconsistencies in sentencing nationwide
- No real knowledge on poorer areas
> Even if someone grew up in a poorer area, the likelihood is they are now middle class and haven’t lived or been in that area in several years)
- Biased towards prosecution
> Believes police too readily
> CPS prosecutor is present often which may affect judgement
- Over-reliance on clerk, who shouldn’t help with sentencing
> Clerk has legal experience so is relied upon, but should be limited to helping and not influencing the decision
- Not legally qualified
29
what is the Constitutional Reform Act 2005?
> Replaced House of Lords in 2009 (before 2009, in theory, judges could interpret the law and make the law - not a separation of powers; looked bad in the eyes of the public)
> When there is a vacancy, the Lord Chancellor (LC) will have to convene a Supreme Court selection commission (including the President (and Deputy Pre.) of the Supreme Court, and a member from all three of the following: Judicial Appointments Commission; Judicial Appointments Board for Scotland; Northern Ireland Judicial Appointments Commission)
30
what happens when there is a vacany in the supreme court?
> When there is a vacancy, the Lord Chancellor (LC) will have to convene a Supreme Court selection commission (including the President (and Deputy Pre.) of the Supreme Court, and a member from all three of the following: Judicial Appointments Commission; Judicial Appointments Board for Scotland; Northern Ireland Judicial Appointments Commission)
Commission decides on selection process to be used and reports to LC; LC can reject them and ask commission to reconsider
> Once accepted, LC informs the PM and the monarch.
31
what does Jurisdiction mean?
the legal authority of a court to hear and decide cases.
32
what does the supreme court have jurisdiction over?
all civil cases across UK, all criminal cases except Scotland.
33
what are judicial assistants?
help judges with legal research and admin tasks
34
what happens to all cases in higher courts unlike parliament?
cases are open and easy to access to the public. they are published on official SC website.
35
how many rooms do sc have?
three rooms
36
what do higher courts not have?
no jury or witnesses or facts, just points of law decided on. final decisions then make a binding precedent
37
what is the Judicial Committee Privy Counsel?
> Acts as a persuasive precedent
> hears appeals from Commonwealth, British overseas and Crown land.
> Sees over 40 cases a year
> Some countries are removing themselves from this (i.e. Barbados)
often deals with constitutional issues or matters of significant public importance in those regions
38
what is the Judicial Appointments Commission?
15 members
> 6 lay members; 5 judges (three from CoA/High, one circuit, one district; one barrister; one solicitor; one magistrate; one tribunal member
> Likely a diverse group, making the judiciary reflect the pluralist society
- Appointments made solely based on merit
- Commission entirely responsible for assessing this and selecting candidates
- LC has limited powers
Example question: ‘How are district, high court judges appointed’? (They appoint judges for England and wales, not SC)
39
what was the case of R v Gnango?
> New laws on murder and joint enterprise
> A shoots at B, B shoots back, A misses and kills C, flees and is never caught, yet B is caught
> B goes to jail for murder in a 3:2 vote in the Supreme Court
> Arguably an ‘unlawful manslaughter’, but charged to ‘dissuade gangster activity’
40
what is Bail?
Being given bail means being granted liberty until the next stage of the case; bail may be given to someone who has been charged with an offence or someone who has not been charged but about whom the police are making further enquiries
> 84% of those charged are given bail by the police (can be given by police, magistrates or a Crown Court)
> If the police do not grant bail they must bring D to a court; if the magistrates cannot deal with the case at first instance, D is either granted bail or remanded in custody
41
who usually gives bail?
> 84% of those charged are given bail by the police (can be given by police magistrates or a Crown Court)
42
what happens if you are not granted bail?
> If the police do not grant bail they must bring D to a court; if the magistrates cannot deal with the case at first instance D is either granted bail or remanded in custody
43
Bail Act 1976
> General right to bail
- Some instances where bail should not be granted
> If D would fail to surrender to custody
> If D would commit an offence on bail
> If D would interfere with witnesses or commit an obstruction of justice
44
what will courts consider before granting you bail?
> Nature and seriousness of the crime
> Likely method of dealing with it
> D’s character, past record, associations and community ties
> Strength of evidence
45
what are some conditions that have to be abided to grant bail?
> Surrender of passport (i.e. AO2 Diddy)
> Curfew and tagging (i.e. in house arrest)
> Reporting to the police station
> Residence (i.e. must be at X during certain times)
> Surety (money in exchange for liberty, only returned if D is present)
46
when will bail not be granted?
> Foreign citizens suspended on committing terrorism (A-TCS Act 2001)
> Charged with murder, attempted murder, manslaughter
> Those who have already served in custody for a similar indictable offense
> Adults charged with a drugs related offence and testing positive for Class A when in custody
> Adults who have committed the alleged offence while on bail (CJ Act 2003)
47
what does the term habeas corpus mean?
Everybody has the right to a fair trial (habeas corpus) and to a lawyer.
48
what is a duty solicitor?
- A duty solicitor is a lawyer provided by the state to offer free legal advice and representation to individuals in certain situations. theyre at police statins or other premises
> Telephone advice is now preferred rather than seen as a defect
49
what are duty solicitors not for?
> Non-imprisonment offences
> Detention on a warrant/breach of bail; drink-driving offences
50
what do duty solicitors offer?
one hour of work for free if you pass means test
51
what means test do you have to pass to see a duty solicitor for free/ also qualif for any legal aid?
Person subject to a means test (determination of an individual's eligibility for legal aid based on their financial situation; only those on low income qualify; currently a max of £12000 p.a.)
52
what are some extenuating circumstances where a duty solicitor may be able to see you?
> Duty solicitor at Magistrates’ Court can still see all in custody with no charge (hired by police / court)
53
what are duty solicitors not for?
> Non-imprisonable offence (like driving offences) whilst on bail (not in custody)
> or trials in Magistrates’ Court and the defendant doesn't have a Representation Order (which is basically legal aid to have a solicitor represent you in court)
54
how restricted is legal aid?
75% of adults do not qualify for legal aid; levels allowed are very low
55
to get representation what do you need to pass?
- Interests of Justice test (Access to Justice Act 1999)
56
what do qualifiers from the Interests of Justice test get?
set out in (Access to Justice Act 1999)
> Covers cost of solicitor to prepare defence before going to court
> Representation at court including issues such as bail applications
>barristers if required for more complex cases
57
what financial eligibility requirements do you have to meet to qualify for legal aid?
> Those on income support, job-seeker’s allowance, state pension credit
> U16s, full time students U18
> Means test for others
58
under the intrests of justice test when will public funding be allocated/ legal aid if you do not meet financial eligibility requirments?
D is likely to:
> Lose their liberty(prison), lose livelihood(job), or suffer serious damage to reputation(when accused of serious crimes)
- Substantial point of law is involved (case is too complex for ordinary person with no legal background to understand)
- D is unable to understand proceedings (general lack of understanding or lack of capacity)
- Tracing, interviewing and/or expert cross-examination is needed
- Interests of someone else that D is represented (like if the outcome could affect kids)
59
what did Carter's reforms aim to do ?
The reforms were meant to cut gov costs by 20%, but they risked making legal aid work unprofitable for law firms. this was because the uk was spending 10x more on criminal legal iad than other countries with no justifications.
This could lead to fewer firms offering legal aid, reducing access to justice — especially for vulnerable people.
60
one of carters reforms led to 'best value' meaning?
“Best Value” Tendering for Legal Aid Contracts
Firms bid for contracts based on:
Quality, Capacity, Price
The aim was to ensure the best value for public money, not just the cheapest option.
61
another one of carters reforms was 'fixed fees' meaning?
Fixed Fees for Solicitors, so legal work gets paid a set amount, regardless of how long it actually takes.
Risk: Solicitors may take on lots of cases (stockpiling) and do less work on each, leading to lower-quality representation.
62
what did carters graduated fees mean?
Revised graduated fees for Crown Court work; more for shorter cases less for longer.
The idea was to control costs
But it created a disincentive to take on big or tricky trials
63
what was carters early prep rewards mean?
so lawyers started working on cases early helping it getting resolved quickly
ex; guilty pleas before the trail
this saves court time and money so lawyers would be paid extra as a reward BUT
lawyers might pressure clients to plead guilty early just to get that bonus, even when it’s not the best choice for the client.
64
what do the Crown Prosecution Service (CPS) do ?
Once the police have charged D, they pass the case to the CPS
They decide what offences should be charged (as the previous police force sometimes brought inappropriate charges); separation of powers between policing and prosecuting
> Reviewing all cases, ensuring sufficient evidence before trial, avoiding weak and inappropriate cases
> Responsible for case post-police
> Conducting prosecution
> Conducting cases in the Crown Court
65
what do CPS do before and after trial?
> Reviewing all cases, ensuring sufficient evidence before trial, avoiding weak and inappropriate cases
> Responsible for case post-police
> Conducting prosecution
> Conducting cases in the Crown Court
66
who is the head of CPS?
> Head of CPS is the DPP (Director for Public Prosecutions) an experienced lawyer for at least ten years
> 42 CCPs in 42 areas; below these are BCPs (lawyers and support staff)
67
Advantages of the Crown Prosecution Service (CPS)
- Standardisation across the country (was inconsistent)
- Function is clear; separation of powers
- Accountability; singular organisation with fast identification
- Raising of salaries
- Prompt resignations of DPPs following criticism (e.g. Glidewell)
- Close work with the CJU for better evidence (psychologists, social workers, probation officers; looked at convictions, programmes, community service and meetings; effort of rehabilitation)
- Better relations between police and CPS
68
Disadvantages of the Crown Prosecution Service (CPS)
- Initial poor recruitment, disorganisation, alleged incompetence
- (Especially initially) poor relationship with police due to split
- Scandals (i.e. Glidewell, Sir Allan Green)
> Barbara Mills DPP had an ‘abrasive style’, with the CPS a ‘bureaucratic muddle’, with ‘conviction rates falling’ and ‘staff demoralised’
> Sir Allan Green, married DPP, was caught with a prostitute in a sting operation in King’s Cross; legal and moral implications
- High-profile cases successfully prosecuted privately following CPS decision not to prosecute (i.e. Stephen Lawrence case; ⅖ later convicted)
69
what is one of the main roles of the Courts?
> Court decides what sentence should be imposed on the offender; established after the government and Parliament attempted to increase the sentence of the murderers of James Bolger
70
Aims of Sentencing (Criminal Justice Act 2003)
Punishment of offenders; reduction of crime (including by deterrence); making of reparation to those affected by offenders choices; protection of the public; rehabilitation and reform of offenders
> Effectively: retribution; denunciation; incapacitation; deterrence; rehabilitation; reparation
71
what is Retribution?
An “eye for an eye”
> Based on the idea of punishment because the offender deserves it
> No attempt to alter D’s behaviour
i.e. Lucy Letby
> No attempt to alter her behaviour as her case was very brutal and she has a mandatory life sentence; no point in trying to rehabilitate
72
what is an example of retribution in case study?
LUCY LETBY
> No attempt to alter her behaviour as her case was very brutal and she has a mandatory life sentence; no point in trying to rehabilitate
73
what is Denunciation?
Society expressing its disapproval of criminal behaviour, influencing views on conduct (i.e. drink driving, racism)
i.e. Racist chants in football
> Society expresses its disapproval; will get fired from job; those in relation and self in disrepute, aired out, denounced; life is disrupted
74
what is an example of denunciation A02?
i.e. Racist chants in football
Society expresses its disapproval; will get fired from job; those in relation and self in disrepute, aired out, denounced; life is disrupted
75
what is Incapacitation?
- Offender is made incapable of re-offending (short-term solution but depends on sentence)
> i.e. tagging, short prison stint
76
what is Deterrence?
Aimed at reducing future levels of crime
> Individual; to deter D from re-offending
> General; to deter other potential offenders
Harsh punishment (e.g. prison sentence or heavy fine, like in the Zerbrugge disaster (corporate manslaughter, heavy payout))
Theory assumes an offender will stop to consider consequences (being caught, tough sentence, reaction of society and close ones); most crime is committed on the spur of the moment
77
what is an A02 for detterence?
Harsh punishment (e.g. prison sentence or heavy fine, like in the Zerbrugge disaster (corporate manslaughter, heavy payout))
78
what is Rehabilitation?
Main aim is to reform offender, preventing repeat offenses
> Usually involves community sentences
> Huge criticisms are that they usually discriminate or affect the underprivileged much more, and lead to inconsistency in sentencing
79
what is Reparation?
Aimed at compensating the victim of the crime; criminals should pay compensation
> Power of Criminal Courts (Sentencing) Act 2000; courts are under a duty to give reasons if they do not make a compensation order
80
> Power of Criminal Courts (Sentencing) Act 2000;
courts are under a duty to give reasons if they do not make a compensation order
81
what will courts consider before sentencing?
Courts will consider:
> Aggravating (increasing) and mitigating (decreasing) factors
> Pre-sentence reports (probation)
> Previous convictions, medical reports, character statements
> Financial and domestic circumstances (i.e. family to support?)
Pleading guilty (remorse) leads to a reduction in sentence
82
what are Custodial sentences
> Range from intermittent (“weekend” and “weekday” prisons) to life imprisonment
> Can be very hard for D to re-intergrate into society on release
83
when will the court give custodial sentences?
when it is of the opinion that the offence was so serious that neither a fine alone nor a community sentence can be justified (CJ Act 2003)
84
what act determines how court gives community orders?
CJ Act 2003 created one community order which the court can combine any requirements it thinks are necessary; “mix and match” approach; used to decide whether a community order or custodial sentence is needed.
85
what does the CJ Act include?
> Unpaid work requirement
> Curfew requirement
> Exclusion requirement (certain areas or certain times not in areas)
> Drug rehabilitation requirement
86
Fines
- Sum payable to the Crown; not compensation for victim
> Most common sentence in Court
> “Rich man, poor man” problems
i.e. John Terry parking in a disabled bay (can easily pay fine)
> Compared to an average worker on an average salary
87
what is an issue with the court handing out fines?
> “Rich man, poor man” problems
i.e. John Terry parking in a disabled bay (can easily pay fine)
> Compared to an average worker on an average salary
88
what are some Discharges handed out?
> Conditional discharge (often first time minor offenders)
> Absolute discharge
> Disqualification from driving
> Compensation order
89
what are ASBO's (Anti-Social Behaviour Order)?
> Civil orders imposed where a person has behaved in an anti-social manner; criminal matter, offender can be sentenced for the breach
Different sentences available for those U18, U16, U14 and U12; main aim though is reformation and rehabilitation
90
Statutory rape rule for 16 and above with 12 and below?
> If a person sixteen and above has sex with somebody twelve and below, it is an automatic rape sentence
91
statutory rape rules for 16 and above with 12-15?
> If a person sixteen and above has sex with somebody between thirteen and fifteen the Crown / CPS must prove that the older person having sex knew their age beforehand (if they cannot
92
what are some Sentences for adults that are not prison time?
- Unpaid work
(40-300 hours organised by probation service, usually eight-hour sessions at weekends; painting buildings, conservation projects)
(Putting back into society; re-offending rates lower
- Activity (i.e. helping to teach football to deprived children, if famous)
> i.e. Tony Adams (drink-driving)
- Programmes (i.e. a knife crime programme)
- Prohibited activity (i.e. restrictions on XYZ)
- Curfew, exclusion, tagging, residence
- Mental health treatment / drug rehabilitation / alcohol treatment(Therapy, psychologists, programmes)
- Probation supervision
- Attendance centre (those under 25)
93
what are fines handed out in magistrates and crown?
> Most common sentence in a Magistrates’ court; max £5000 for individuals, max £20,000 for businesses (i.e. health and safety offence)
> Very rare to receive a fine at a Crown Court
94
whats a conditionl discharge?
> Conditional discharge; on the condition that no further offence is committed in X amount of time; often for first-time minor offences
95
what is an absolute discharge?
> Absolute discharge; technically guilty but morally blameless; walks free; judges looks at context of the case
96
Prison Sentences
mandatory life
discretionary life
suspended prison sentences
custody
fixed term sentences
97
what is mandatory life?(prison sentence)
- Mandatory life; may state minimum number of years before release on license is available (starting point is full life with min. of twelve years)
ex: lucy letby, rose west
98
what is discretionary life? (prison sentence)
- Discretionary life; maximum life but may choose fine/discharge
> Are on life (i.e. manslaughter) but can get out much earlier than minimum time required (in theory could die in jail
99
what are suspended sentences?
- Suspended prison sentence; offence is serious enough to warrant a prison sentence but there are exceptional circumstances which justify suspension of the sentence
ex: Huw Edwards (6m suspended)
100
what is custody?
- Custody (i.e. for short term prison sentences like breaking court orders)
101
what are fixed term sentences?
- Fixed-term sentences (imprisonment for a set number of years; may get out early for example on good behaviour)
102
Aggravating factors in sentencing?
- D’s culpability
- Any harm caused or intended
- Previous similar convictions
- If on bail when committing the offence
- Racial/religious hostility, discrimination based on disability/sex
- Group attack
- Vulnerable victim (i.e. child or elderly)
- Victim serving the public (i.e. assault on nurse in public hospital)
- Premeditation
103
Mitigating factors in sentencing?
- Co-operation with the police (i.e. identifying others)
- Mental or physical illness
- No previous convictions
- Evidence of genuine remorse (witness statement, apology, money)
- Guilty plea
> ⅓ off if at the first reasonable opportunity
> ¼ off if after trial is set
> Up to 1/10 off if trial has begun
> 20% off if evidence is overwhelming; will be convicted anyway
104
Pre-trial procedure for Crown Court
Early administrative hearing at Magistrates’ court
> Even for the most serious indictable offence, dealing with legal aid application and bail application
> All indictable offences are then sent to the Crown
> All other pre-trial matters are dealt with by the judge at the Crown Court
105
what are the rules around Burden and standard of proof?
An accused is innocent until proven guilty
> Burden of proof is on the prosecution
> Standard of proof is ‘beyond reasonable doubt’ (100%) for criminal
> Defence does not have the prove anything; just has to provide reasonable doubt
106
for the youth, what warnings are given before punishment?
- Informal warning (telling off from the police for first time minor offences)
- Reprimand (at police station in presence of parents or carers)
- Final Warning (if offence is more serious, final warning and referred to the YOT (Youth Offending Team))
107
what is the Youth Offending Team?
(team made up of police, social services, education and probation, working to improve behaviour; apology encouraged)
108
what is the Youth Court
(serious or over three offences; can get custodial sentence or fine)
109
what comes after warnings for the youth?
youth court and youth offending team
110
what is the aim of the Youth Offending Service?
- Aim is to prevent and reduce the amount of young people committing crime
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how do the youth offending service aim to reduce crime?
> Makes sure that young people who offend are dealt with as soon as possible
> Gives information to courts to help make best decisions
> Makes sure that young people understand the affect of their behaviour
> Gives young people chances to do right; i.e. working for victim/community
> Helps parents to care for the young persons who have offended
> Provides high quality youth justice services for persons/community
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what are some laws set out by Crime and Disorder Act 1998?
> Tackling delays (halving time from arrest to sentence for persistent young offenders, speeding up justice)
> Confronting young offenders with the consequences of their actions
> Intervention, tackling risk factors
> Punishment proportionate to seriousness and persistence
> Encouraging reparation to victims by young offenders
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pathway one to becoming a solicitor? (w law degree)
Pathway 1
> A levels or equivalent
> Law degree
> Legal Practice Course (one year)
> Two year training period
> Qualified as solicitor
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Pathway 2 to becoming a solicitor? (no law degree)
> A levels or equivalent
> Degree in another subject
> Common Professional Examination (CPE); one year law course
> Legal Practice Course (one year)
> Two-year training period
> Qualified as a solicitor
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Pathway 3 to becoming a solicitor? (no alevel)
> 4 GCSEs
> ILEX Part I and Part II examinations
> Work for two years in a solicitor’s office
> Be admitted as a Fellow of the Institute of Legal Executives (must be over 25 and have worked for five years in a solicitors office)
> Legal Practice Course (one year) OR Two-year training period
AND pass final exams
> Qualified as a solicitor
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what do solicitors do?
Interviewing clients
> Negotiating on their behalf (i.e. writing letters, drafting contracts, drawing up wills, conveyancing, litigation)
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what gov associations do solicitors work in?
CPS (prosecuting criminal actions in court)
Local government (land law, employment law, Children Act 1989)
National government department (education law, environment law)
Legal advisers in commerce or industry (business law)
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what is conveyancing?
Coveyancing (transferring ownership of property)
> “bread and butter” of many firms; but since Administration of Justice Act 1985, solicitors no longer have a monopoly
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what is Advocacy?
> Solicitors could also speak in magistrates’ and county courts
But now;
> can speak in High Court (Abse v Smith 1986)
> can appear in higher courts if they gain a ‘certificate in advocacy’ (Courts and Legal Services Act 1990)
> be appointed KC (Access to Justice Act 1999)
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what are solicitor Multi-discipline partnerships?
> Solicitors may form partnerships with i.e. accountants (Courts and Legal Services Act 1990); allowed by law
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what are some criticisms of the training process for solicitors?
Financial Problems:
> Poorer students have a difficult or impossible start even with a good degree (university is £9000/yr; student debt >£20,000; LPC fees approx. £7000; maintenance fees)
Not enough law
> Those who only read Law for the CPE have only one year of Law
> 25% of solicitors do not have a Law degree
Over-supply
> Some students who have a degree and have passed the LPC are unable to obtain a training contract
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what are some complaints clients have against solicitors?
- Solicitors have contracts with clients
> So they can sue clients for non-payment of fees, and clients can sue them for;
- Negligence out of court (Griffiths v Dawson; White v Jones)
- Negligence in court (Hall v Simons)
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what is a solicitor complaints body?
- Following the Clementi Review 2004; new complaints body (the Consumer Complaints Service) but still only 66.4% of complaints are handled ‘satisfactorily’
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Pathway 1 to becoming a barrister?
> Law degree
> Membership of Inn of Court; attend an Inn (either dine / on course)
> One-year Vocational Training course OR
One-year Bar Examination Course
> Call to the Bar
> Pupillage (2 x 6 months) -> Practice as a barrister OR
Occupation as a non-practising barrister
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Pathway 2 to becoming a barrister?
> Degree in another subject
> Common Professional Examination (CPE); one year law course
> Membership of Inn of Court; attend an Inn (either dine / on course)
> One-year Vocational Training course OR
One-year Bar Examination Course
> Call to the Bar
> Pupillage (2 x 6 months) -> Practice as a barrister OR
Occupation as a non-practising barrister
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Pathway 3 to becoming a barrister?
> Non-graduate mature student (i.e. Apprenticeship route for solicitors)
> Common Professional Examination (two-year Law course)
> Membership of Inn of Court; attend an Inn (either dine / on course)
> One-year Vocational Training course OR
One-year Bar Examination Course
> Call to the Bar
> Pupillage (2 x 6 months) -> Practice as a barrister OR
Occupation as a non-practising barrister
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where do barristers work with what other employees?
- Self employed
- Usually work from a set of chambers or at home(rare)
> 15-20 barristers; share administrative expenses
- Employ clerk as practice administrator
> Booking in cases, negotiating fees, other support staff
- Finding a tenancy may be difficult
> May do a third 6-month pupillage, and then “squat”
- Building a reputation is long and hard; young barristers may be poor
- Advocacy
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- what types of work do barristers do?
> Writing opinions, giving advice, drafting documents for use in court
- Some rarely appear in court
> Instead specialise in tax law or company law
- Direct access
> Since 2004, except for criminal or family law (used to have to go through a solicitor who would recommend a barrister)
- Advocacy
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what is the cab rank rule?
Cab rank rule (next barrister available is assigned; no choosing)
> Except where clients approach barrister directly
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why is there a cab rank rule?
> Except where clients approach barrister directly
> Allows for younger barristers to gain experience and reputation
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do barristers get rights of audience and what is this?
- Rights of audience(speak on behalf of client in court) in any court in England and Wales
> Practising barristers employed (by CPS or by solicitor) can now keep their rights of audience
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who are King’s Counsel/KCs?
- Can apply after ten years as a “junior”; usually a senior barrister with good reputation
> About 10% of the Bar take “silk”
> KCs usually take on more complicated and high profile cases
> Commend higher fees and will usually have a junior to assist
- Until 2004, KC were appointed by the LC, but this was seen as too secretive, and discriminatory to ethnic minorities
soliciotrs can also be KCs
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> Selection is now by a selection panel chaired by non-lawyer and including other non-lawyers; selection is by interview; applications apply
134
Differences between junior and KC?
Entry-level to mid-level barrister- junior
Senior barrister with at least 10-15 years’ experience-kc
Handles everyday or less complex cases- junior
Handles high-profile, complex, or serious cases- kc
Wears a “stuff” gown -junior
Wears a silk gown → “taking silk”- kc
Lower fees compared to KCs- junior
Higher fees (more expertise, more in demand)- kc
Works independently or supports KCs- junior
Often leads legal teams with junior barristers- kc
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Advantages of the King’s Counsel
- Conspicuous brand enhancing standing of UK legal services worldwide
- Publicly recognised mark of quality of advocacy
- Resource for public enquiries (i.e. Sara death 2024)
- Promotes competition - supplements mark information
- Promotes diversity; solicitors and those from ethnic backgrounds
- Election now by selection panel
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Disadvantages of the King’s Counsel
KCs do not necessarily offer better service
- Title is too generic; tells customer nothing about specialisation
- System focuses on advocacy rather than other skills (i.e. Legal advice, case management)
- No monitoring of quality after becoming KC
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what complaints can clients have against barristers?
- When briefed by solicitors, barristers do not have contracts with clients
> therefore, they cannot sue each other for breach of contract (i.e. non payment of fees)
> however, can sue each other for negligence out of court (Saif Ali v Sydney Mitchell) and negligence in court (Hall v Simmons)
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the process of becoming an LC :
-eligibility, application, legal knowledge, interview and assessment, recommendation and application
Eligibility
Must have at least 10-15 years of experience as an advocate (mainly in higher courts).
Must be able to show exceptional advocacy skills.
Application
Apply to the King’s Counsel Selection Panel (an independent body).
Submit a detailed application with evidence of:
Advocacy skills
Legal knowledge
Professional integrity
References from judges, fellow lawyers, etc.
Interview & Assessment
Shortlisted applicants go through an interview and are assessed further.
Recommendation & Appointment
The Panel recommends successful candidates to the Lord Chancellor.
The monarch (the King) formally appoints them as KC.
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what is an attorney?
The merging of the two professions (solicitor and barrister) into one
140
Advantages of having an attorney?
- Could bring reduced costs,
less duplication of work,
better continuity- start to finish they will handle the case
141
Disadvantages of having an attorney?
Decrease in specialist skills, especially advocacy
- Loss of independent bar and independent specialist advice
- Less objectivity as no second opinion
- Loss of cab-rank principle
- Costs not much reduced as same work is done anyway
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Women and ethnic minorities in the legal professions
(factors to suggest they are doing well)
- Increasing numbers
> Over 50% of new solicitors, 50% of new barristers, 32% total members of the Bar, 42% solicitors
> As this increase is fairly recent, unsurprising they are not in top positions yet
> Greater proportion of women who apply to be KCs are successful
> Amount of women who become partners is increasing
> Women tend to choose family law/criminal law; less paid areas of law
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Women and ethnic minorities in the legal professions
Factors suggesting women aren’t doing well in the legal professions
- Very few women at the higher levels in either profession
> Only 12% of KCs are women; only 23% of partners in a solicitors’ firm are women
> Women solicitors tend to be assistants or juniors
Women tend to earn less than male counterparts, even at the starting salary; even with the Equal Pay Act 1970 (is this justice?)
> Women tend to be concentrated in less prestigious areas of family and criminal law; stereotyped into these areas
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Factors suggesting EM’s are doing well in the legal professions?
Increasing numbers; in 2000, 8% of the Bar and 19% of solicitors
> As this increase is fairly recent, unsurprising fewer of them are in top positions
> An ethnic KC is much more prestigious than a white KC
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Factors suggesting EM’s aren’t doing well in the legal professions?
- Even fewer at the higher levels in either profession then women
> Few KCs are from ethnic minorities
> Slightly under-represented in solicitors profession until very recently; about 5% of the profession
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who are legal executives?
- Work in solicitors’ firms as assistants; must pass Parts I/II of the ILEX
> Must also have worked in a solicitor’s or similar firm (e.g. CPS) for five years
> Will deal with straightforward cases; may even head own department; has limited rights of audience
> ILEX wants rights of audience extended
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how do judges train?
1979 Judicial Studies Board (JSB)
> Appointment as recorder in training; one week course run by JSB; shadow an experienced judge for one week; sit to hear cases, with one-day courses available at times, especially on new legislation
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what are some criticisms of judge training?
- Training is very short
- Experience does not train anyone for summing up to jury/sentencing
- Some recorders will not have practised as lawyers in criminal courts
- No compulsory training for new High Court judges
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BUT, what are some changing attitudes towards judges training?
- High Court judges “invited to attend” by JSB
- Attitudes to training more positive nowadays
- Human awareness training (i.e. race, gender, disability, viewpoints)
- Law of research facilities and assistants at ALL levels (esp. appellate courts)
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what is the composition of the Bench today?
Dominated by elderly, white, upper-class males
> 73% private school; 79% Oxbridge; 20 years as barrister
> Mixing with like-minded people; may be out of touch
> Few women (first in High Court in 1992); now still only 10%
> Lady Butler-Sloss was President of Family Division; Lady Hale in HoL in 2004;
> 11% circuit judges; 14% recorders; 23% district judges; 23% deputies
> 2004; the first judge appointed to the High Court from an ethnic minority (EM); EM poorly represented even at lower levels; 1.5% circuit judge; 4.5% recorders; 9% deputy district judges (mags’ courts)
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what is the independence of the judiciary from parliament?
- Independence from the legislature (Parliament)
> High ranking judges cannot be MPs (recorders can)
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what is the independence of the judiciary, gov?
Independence from the executive (government)
> Security of tenure
> BUT LC is a member of cabinet, and LC/PM are still involved a little in judicial appointments
> Constitutional Reform Act 2005 states that government should uphold independence of the judiciary
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what is the independence of the judiciary, different types of pressure?
- Independence from pressure
> Financial independence
> Immunity from court action
> Overruling (i.e. James Bolger)
> Security of tenure
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- Independenc of the judiciary, from political bias?
- Independence from political bias
> Arguable that it is too traditional and too pro-establishment,
> BUT a record of both pro and anti government decisions; i.e. judicial review on human rights (Abu Hamza - impartiality)
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Colston (2020)
- Example of a jury trial and a perverse decision
> The statue of Edward Colston, a 17th-century slave trader, was toppled and thrown into Bristol Harbour during a Black Lives Matter protest. This act was a significant moment in the global movement for racial justice and a rejection of historical figures linked to the slave trade.
> The four individuals charged with criminal damage in connection with the toppling of the statue were acquitted by a jury.
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Stephen Lawrence (1993)
- Example of a case dealt in the coroner’s court
> Stephen Lawrence, a Black teenager, was murdered in a racially motivated attack. The initial police investigation was criticized for its handling of the case, particularly its failure to arrest the suspects. The case was eventually referred to the coroner's court, which investigated the circumstances of Stephen's death.
> The coroner's inquest highlighted the failings of the police investigation and led to significant changes in the way that the police handle racially motivated crimes.
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Bushell’s Case (1670)
- Example for the history of a jury
> The jury determined the offenders were guilty but refused to add a point the judge wanted. The judge then took a series of actions against the jury, i.e. locking them up overnight without food, water, or heat, fining the jury for contempt of court and removing them to prison until the fine was paid
158
Ponting’s Case (1984)
- Example of an advantage of a jury
> Clive Ponting, a civil servant, leaked classified documents to a Member of Parliament. He was charged with breaching the Official Secrets Act. However, he was acquitted by a jury, which highlighted the advantage of juries in protecting individuals from the government.
> Ponting was acquitted by the jury.
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Young (1995)
- Example of a disadvantage of a jury and secrecy
> This case involved a jury that was exposed to prejudicial information about the defendant. The jury convicted the defendant, but the conviction was overturned on appeal. This case highlighted the disadvantage of juries, which is that they can be influenced by extraneous factors.
> The conviction was overturned on appeal.
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Connor and Rollock (1996)
In Connor and Rollock (1996), two defendants were convicted of wounding with intent to cause grievous bodily harm after a jury deliberation lasting 6 hours and 46 minutes. A juror later wrote a letter detailing their deliberations, suggesting the jury may have struggled to determine which defendant carried the knife but ultimately convicted both to "teach them a lesson". This letter, and other similar situations, highlighted the importance of the common law rule on jury secrecy, which prohibits courts from inquiring into jury deliberations after a verdict. The Court of Appeal dismissed the appeals, stating they were bound by the rule on jury secrecy.
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Sandler v UK (2000)
- Example of a disadvantage of a jury and racial bias
> This case involved a man who was convicted of a crime by a jury. The man claimed that the jury had been biased against him. The European Court of Human Rights found that the man's right to a fair trial had been violated. This case highlighted the disadvantage of juries, which is that they can be biased.
> The European Court of Human Rights found that the man's right to a fair trial had been violated.
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West (1995)
- Example of a disadvantage of a jury and impact of media influence
> Fred West (deceased before trial) and Rose West murdered at least 12 young women and girls between 1967 and 1987. Many were sexually assaulted, tortured, and buried at their home.
> Rosemary was convicted in November 1995 on 10 counts of murder following a high-profile trial at Winchester Crown Court, sentenced to life imprisonment with a whole life tariff, meaning she will never be released.
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James Bulger (1992)
- Example of where counselling is needed (horrific crime)
> This case involved two young boys who were convicted of murdering a toddler. The case highlighted the disadvantage of juries, which is that they can sometimes convict people based on emotion rather than evidence.
> The two boys were convicted of murder.
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R v Gnango (2011)
> New laws on murder and joint enterprise
> A shoots at B, B shoots back, A misses and kills C, flees and is never caught, yet B is caught
> B goes to jail for murder in a 3:2 vote in the Supreme Court
> Arguably an ‘unlawful manslaughter’, but charged to ‘dissuade gangster activity’
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Russell Simmons
Russell Simmons, the co-founder of Def Jam Recordings, has faced numerous allegations of sexual assault since 2017, during the height of the #MeToo movement.
> Simmons moved to Bali, Indonesia, which does not have an extradition treaty with the United States, while on bail.
> While Simmons maintains that his move was unrelated to these allegations, accusers argue it complicates efforts to hold him accountable. For example, Simmons has reportedly resisted participating in depositions and other legal proceedings, leading to delays in case resolutions
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Jury Nobbling (definition)
This is the act of unlawfully interfering with jurors such as through bribery or intimidation
167
Remand (definition)
This refers to the process of detaining a defendant in custody or releasing them on bail while awaiting trial or sentencing.
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Lay People (definition)
Lay people are individuals without formal legal training who participate in the judicial process such as lay magistrates and jurors
169
Lay Magistrate (definition)
a lay magistrate or justice of the peace
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Lay Juror (definition)
A lay juror is an ordinary citizen selected to serve on a jury tasked with assessing evidence and determining a defendant’s guilt or innocence in criminal trials.
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Jury (definition)
A jury is a group of 12 randomly selected individuals who decide verdicts in certain criminal cases in the Crown Court based on evidence and guided by judicial instructions.
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Jury Equity (definition)
Jury equity is the principle that jurors can deliver a verdict based on fairness and moral considerations, even if it contradicts the letter of the law, as illustrated in cases like Ponting’s Case (1984).
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Stand by (definition)
The prosecution's right to ask for a juror to be set aside during jury selection typically without giving a reason
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Challenging (definition)
The process by which either party in a trial (prosecution or defence) can object to a juror serving on the jury.
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To the array (definition)
A challenge to the entire jury panel on the grounds that it has been improperly assembled or is biased.
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For cause (definition)
A challenge to an individual juror based on specific reasons such as a potential bias or a conflict of interest.
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Judiciary (definition)
Refers to the collective body of judges and magistrates who preside over and make decisions in courts, ensuring justice is administered fairly.
