seminars

Question 1

what is the difference between criminal law and unlawful actions?

Answer 1

Criminal action result in the state ‘punishing’ the wrongdoer
- Murder, burglary, assault

unlawful actions are when an individual takes action
- suing for damages

Question 2

what are the two types of liability

Answer 2

fault based
- you must, as the D hold some ‘blame’ or a ‘guilty mind’

strict liability
- where you can be punished without any proof of fault whatsoever

Question 3

strict liability

Answer 3

only used in ‘regulatory offences’ most notably those of road traffic, food and hygiene, safety at work etc

est in Alphacell Ltd v Woodward (1972)

Question 4

strict liability offence reasoning

Answer 4

there would be a massive loss in convictions if the need to discover intent was included

low moral stigma attached to the offences, and a severe difficulty in proving the guilty mind

Question 5

the criminal trial

Answer 5

the right to a fair trial is pivotal to every single trial

Woolmington v DPP specified the importance of the fair trial

Question 6

who goes first in a trial?

Answer 6

Prosecution always go first as they bring the case and therefore must bring the evidence

The prosecution must establish a ‘prima facie’ case – which means they must provide evidence that there is sufficient evidence to prosecute the witness

Question 7

legislation

Answer 7

Primary legislation
- Acts of parliament or statute

Secondary legislation
- Law created by ministers who are given powers to them by an AoP

Also have an unwritten, uncodified system

Question 8

the supremacy of legislation

Answer 8

The law-making powers of parliament, are mostly supreme – in that it has all the control when it comes to legislative measures

Also known as parliamentary sovereignty – makes parliament the supreme legal authority

Question 9

what does the judiciary involve

Answer 9

judges

court system

Question 10

what does the executive involve

Answer 10

prime minister

government machine

local branches of government

Question 11

what does the legislation involve

Answer 11

House of commons and house of lords, the group which create the laws

Question 12

common law

Answer 12

Crated by judges during cases which enables law to be added and adapted to the legal system – generally adding far more accessibility and relevancy

Question 13

statutory interpretation

Answer 13

Legislation is inaccessible for the lay person – allowing judges to amend and define it

Without statutory interpretation, the chances of laws being used inappropriately and therefore impacting upon the liberty of the person

Question 14

the literal rule - statutory interpretation

Answer 14

Judges use the ordinary, literal and natural meaning to define the phrase

Question 15

the golden rule - statutory interpretation

Answer 15

Judges should approach with a literal approach, but always avoiding absurdity and a slightly different meaning would avoid absurdity

Question 16

the mischief rule - statutory interpretation

Answer 16

Identifying the mischief/crime that was trying to be prevented and consider what the government were trying to achieve

Question 17

effects in supremacy

Answer 17

EU laws
- Although it doesn’t tend to impact criminal law, it does impact supremacy when considering courts and rulings

HRA 1998
- The HRA is there to incorporate the ECHR and therefore ECHR takes supremacy over English law

Question 18

what does stare decisis mean? - judicial precedent

Answer 18

stand by decision

Question 19

what does ratio decidendi mean? - judicial precedent

Answer 19

reason for the decision

Question 20

what does obiter dicta mean? - judicial precedent

Answer 20

other things said

Question 21

courts and the players

Answer 21

MC –>CC–> CoA –> SC

CC –> HC –> CoA –> SC

Question 22

judges

Answer 22

Magistrates and district judges

Recorders and circuit judges

HC judges

Lord justices

Supreme court justices

Question 23

legal professions

Answer 23

Barristers

• Practise work in chambers, self-employed
• Wigs, gowns etc

Solicitors

• Based in offices, less in court, work in firms
• suits

Question 24

magistrates and jury

Answer 24

the lay participation element of our court system; but while juries are picked from a wide selection of the public and are relatively minor part of court systems

MC are run based on magistrates, who decide guilt and sentencing despite being chosen from a far smaller pool of individuals

Question 25

budget cuts in probation and prisons

Answer 25

Privatisation of prisons and probation has crippled both services

Privatisation of prisoners has resulted in dangerous and unsafe prisons for all those involved – impacting mental health, drugs and violence

Question 26

2010 onwards

Answer 26

Austerity damage to the CJS

Impacted most areas of CJS from police services to probation

Recent reversals and the implementation of further money in the system has done little to help with these cuts