Section A Flashcards

Question

Selection and challenge (3)

Answer 1

Challenge for cause- an individual jurors is challenged for a cause / reason e.g known to a witness or D or connected to the case as in WILSON AND SPRASON. Challenge to the array- the whole jury is unrepresentative e.g. The Romford Jury 9/12 lived on the same street. Prosecution right to stand by- Allows jurors who has been stood by to be put at the end of the list of potential jurors so they would not be used unless there are not enough jurors

Answer 2

Only used if pleads NOT guilty in Crown Court. 50,000 people are summoned approx. Professionals can serve CRIMINAL JUSTICE ACT 2003 (R v Green) Jury secracy- don't have to explain choice CRIMINAL JUSTICE AND COURTS ACT 2015. Unanimous vote not always 12/12 just majority 10:2, 11:1. Listen to judges summing up before discussing. Listen to evidence Directed acquittal - not enough evidence -> not guilty A foreman is selected to announce- judges can't change

Answer 3

Rare occasions, 8 members may be asked to sit, defamation(liable or not and how much compensation awarded) , fraud, false imprisonment, malicious prosecution. Rules for using juries in civil cases are contained in: SENIOR COURTS ACT 1981- HIGH COURT CASES COUNTY COURTS ACT 1984- COUNTY COURT CORONERS AND JUSTICE ACT 2009: CORONERS INQUIRIES

Answer 4

Advantages: No legal knowledge/ experts so not bound by precedents of past cases as they are randomly selected from electoral role. Leads to honest verdicts based off evidence from case. Influence protected from outside influence due to secracy of jury room. Jury's are free from pressure or open discussion and rely solely on own opinion. Verdicts don't have bias. 12 member jury is diverse because each come from different backgrounds and can give a balanced arguement that takes into account several factors. This means that bias is cancelled out. Open system of Justice- whole process is public. Also keeps law clearer as points are explained to the public Disadvantage: Cases may last up to weeks and months- previous evidence may be forgotten No legal knowledge, information cannot be fully informed as randomly selected may lead to verdicts that may go against usual convictions or what the law would usually see as guilty. Media influence Herd v Depp Bias-> true crime podcasts

Answer 5

Members of the Law Society. Approx 160,676 in England & Wales. Rights of audience ACCESS TO JUSTICE ACT 1999- automatic in county+ mag . Additional "certificate of advocacy". Consult barristers for complex cases and brief them if need to go to court. Negotiate for clients Controlled by own professional body- work for local government, civil service, crown prosecution service or private businesses Draw up contracts Usually clients first point of contact with legal profession. Draft wills Take witness statements Legal advice Solicitor advocate for 10 years -> Kings cousel SQE and work experience in firm

Answer 6

1.Complaints procedure of the firm and firm must respond in 28 days. If matter not resolved then 2.through SRA: Legal service Act 2007 investigate complaints about professional misconduct. 3.In very severe cases the Tribunal can suspend or strike off a solicitor from profession. If complainant not happy with SRA they will take case to Legal 4. Ombudsman- can appeal SRA decision

Answer 7

A solicitor deals closely with clients and so can enter into a contract with them. If client does not pay a solicitor, the solicitor has the right to sue for his fees. A client can sue their solicitor on two grounds: Breach of contract - if the solicitor fails to do the work properly the client can sue them for this. Negligence: If the solicitor fails to complete his or her work properly, a client can sue them for this. GRIFFITHS V DAWSON 1993. Solicitors for claimant failed to make the correct application in divorce proceedings against her husband. Lost financially and solicitor ordered to pay £21,000 compensation. Other people affected by can sue: White v Jones 1995 Father wanted to make a will leaving £9,000 to each daughter. Solicitor didn't do anything so did not inherit

Answer 8

Members of Bar Council Question witnesses in court Specialist advocates who represent client in court Direct access: barrister can be instructed by clients directly and through solicitors Make opening statements for clients Cab rank rule: cannot turn down cade if it is within their expertise/ free to take the case Self employed and work from chambers where they share adminstration duties with other barristers (usually 15-20) Can be employed and work fro the CPS, government and work within an alternative business structure Argue over sentencing Advise solicitors Make closing statements for clients After 10 years can join kings counsel- high profit, complex cases, taking silk, junior b can assist with cases Basic qualification: bar practice course + pupilage as practical training

Answer 9

Chamber:28 days Bar standard board LEGAL SERVICES ACT 2007: punish b, warn, fine up to £1,000. Bar Tribunal& adjudication service- fines up to £500,000 and strike off Legal Ombudsman - appeals Failing duty- Hall v Simon's Civil court for negligence Saif Ali v Sydney Mitchell 1980

Answer 10

Members of Chartered Institute of Legal Executives Consult barristers if complex Provide legal advice Take witness statements Assist solicitors in court Draft wills and contracts Limited advocacy rights- advocacy certificates: Civil proceedings certificate- county Criminal proceedings certificate: bail/ cases in Youth Court Family proceedings certificate: family/ magistrates court

Answer 11

Complain to firm: 28 days CILEX REGULATION BOARD- can reject complaint if no misconduct, code of conduct, investigate and decide punishment CRB: stage 1: panel of 3 investigate and decide punishment if more severe. Stage 2: different panel of 3- fine or exclude from CILEX legal ombudsman - appeal ALL: apologize, out things right if more work can correct the wrong, refund/ reduce legal fees, pay compensation up to £30,000

Answer 12

Made up of judges, magistrates, tribunal members and coroners. Head of the Judiciary is The Lord Chief Justice Interpret and apply laws Divided into superior (high court and above( and inferior judges

Answer 13

Justices of the supreme court(15 years qualified in senior courts, panel of 3) Lord justices of appeal- have to be qualified as s, b or experience in law for at least 7 years or be existing High Court Judge and officially appointed by Monarch: criminal-> appeals from trials in the crown court. Civil Division of COA appeals in county and high. Panel of 3 or 5 High court judges (puisne judges)

Answer 14

Circuit judges Recorders (part time) District judges District judges (mag)

Answer 15

Review case law, decide we it me is wrong/ unsafe, revise sentence/ award, clarify/ amend law where appropriate, reviewed Ng situations in relation to Human Rights Act 1998, decision made in 3 or more judges sitting together, change decisions n or order retrial, decide issues of law, judicial review-KBD of HC

Answer 16

County court. Hear first instance cases Make a decision and state a remedy

Answer 17

County Same role as circuit judge Work as part time so work one month a year Work as a solicitor or barrister for 11 months

Answer 18

County Hear some track appeals Sit on their own and decide the law and facts of the case Decide who should win the case and damages and remedy awarded

Answer 19

High court Hear first instance cases and appeals Hear the evidence from witness, decide law and make a decision and state a remedy

Answer 20

Court of Appeal Hear appeals from the High court Decisions on a point of law become precedents Appeals are against liability and remedy awarded

Answer 21

Supreme court Hear appeals from CofA and High court Hear appeals on point of law of general public importance

Answer 22

Mag court Try criminal cases Sit on their own and decide facts and law Decide a sentence if D pleads or is found guilty

Answer 23

Crown court Try criminal cases in crown court Work part time for 1 month and work as lawyer for remaining 11

Answer 24

Crown court Sit with a jury who decide the facts of the case Decide the law and pass sentence if D pleads or is found guilty by jury

Answer 25

High court Sit in the CROWN court to hear the most criminal cases and sentence Hear case stated appeals from mag court

Answer 26

Court of appeal Hear appeals and appeals are against sentence/ conviction

Answer 27

SUPREME court Hear appeals from High court and CoA Hear appeals on point of law of general public importance Decisions becomes precedent

Answer 28

Concept that judiciary needs to be kept away from other branches of government Protecting liberty, not subject to improper influence of other branches, impartial and independent from external pressures so public can have confidence that their cases will be decided fairly and in accordance with law.

Answer 29

Superior judges CANNOT be removed by Lord Chancellor of government while inferior CAN for incapacity or misbehaviour e.g. criminal conviction under CONSTITUTIONAL REFORM ACT 2005 the Lord Chancellor must have the consent of the Lord Chief Justice before he can remove judge. Superior judges can ONLY be removed by monarch following a petition presented to her by both houses of parliament-> allows judges to be independent in their judgements.

Answer 30

Given for any acts they carry out in their role as a judge e.g decisions made in the course of their judicial duties. Immunity from prosecution allows judge to perform duties without fear of consequences (Sirrors v Moore)

Answer 31

Independence from executive (gov) guaranteed under CONSTITUTIONAL REFORM ACT 2005 Judges cannot be dismissed by gov meaning they are fr e to make decisions even if it displeases the gov R (Miller) V Secretary of State fro Exiting the EU (2016) couldn't start processes without consulting parliament Judges are recommended by appointment by an independent body: Judicial Appointments commission-> keeps independent

Answer 32

Judges are not involved in law making functions of Parliament as full time judges are not allowed to be members of the House of Commons The creation of the supreme court in 2009 helped clearly differentiate judiciary from legislature

Answer 33

Judges must be impartial when making decisions Judges must not try any case where they have any interest in the issue involved Pinochet case (1998)- judge affiliated with amnesty international

Answer 34

Advantages: Removes bias as they have no connection -> impartial. Honest verdict Separation of powers Procedure on reporting judges Freedom to apply law Disadvantages Hard to prove connection Decisions based on understanding -> bias 90% of superior judges Oxbridge Too much authority don't always follow parliamentary las

Answer 35

Advantage: Majority come from Oxbridge Representative -> women in 2017 23 judges in High Court Freedom to change law by precedent Highly trained-> expertise +split courts Disadvantages: Elderly, white, upper-class male-> not representative Majority of change around inferior and superior judges remain unrepresentative Conflicts with separation of powers as made up of common law Biased

Answer 36

Supreme court Court of appeal High court Crown Mag & county

Answer 37

Least serious type of offence dealt in the mag court e.g assault and battery

Answer 38

Middle range offence e.g. S47ABH, theft, S20 GBH MAG OR CROWN

Answer 39

Mózg serious type of offence e.g murder, mansalighter, S18 GBH

Answer 40

Jury decides the verdict & judge passes the sentence: Hear all indictable cases Hear appeals from the mag court against conviction or sentence- done by a judge and 2 lay Mag Sentences in cases where accused are found guilty by the mag but they consider they do not have the power to pass the appropriate sentence

Answer 41

Dealt with in Mag- often at first appearance Case may be adjourned if more evidence is needed (paused) to allow D to get legal advice, or for pre-sentence reports. D can request bail BAIL ACT 1976. SENTENCING ACT 2020 If D pleads guilty, the Mag will pass sentence. If D pleads not guilty, trial is heard and decided by mag. Both sides give evidence. P must prove D'$ guilt.

Answer 42

Begin in mag court. D pleads guilty or not guilty at the Plea Before Venue hearing. Bail and legal funding can he discussed at any time. If D pleads GUILTY - the Mag hear case facts and decide if have sentencing power. If so they sentence D. If not, they commit D to Crown court for sentence. If D pleads NOT guilty, there is a Mode of Trial Hearing. Mag hear case facts and decide if can accept the trial. If Mag accept trial, D can choose trial in the Mag or Crown Court. If Mag do NOT accept trial, it takes place in Crown Court- D cannot choose

Answer 43

Begin in Mag Court for Early Adminstrative Hearing on issues such as bail (BAIL ACT 1976) Sent to Crown Court for Plea and Directions Hearing If D pleads guilty, case is adjourned for pre- sentence reports If D pleads NOT guilty, case adjourned before Trial Legal Funding and bail discussed. Most severe- decided before judge and jury