• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The Law and Legal System - Task 2: Prepare a report explaining with appropriate examples how civil and military lw affect the armed forces personnel. Remember to include information about the legislations, punishments and legal procedures.

Extracts from this document...

Introduction

The Law and Legal System - Task 2: Prepare a report explaining with appropriate examples how civil and military lw affect the armed forces personnel. Remember to include information about the legislations, punishments and legal procedures. Before I start this report please note, when I refer to the armed forces, I am talking about the Army, the Royal Air Force and the Royal Navy. Whether you are a house wife or a solicitor, you will always follow the British civil law. For people of the armed forces, they must also follow the civil laws but they will always have to follow military law too. Some soldiers, who are sent to other countries such as Iraq and also bound by the civil laws of Iraq, it is because of this that can affect the way in which the armed forces work together. The Military Law. This is based on three different legislations: 1. The Army Act 1955 2. The Air Force Act 1955 3. The Naval Act 1957 There is another act known as The Armed Forces Act 2001 but this only provides the background information for the ones above. ...read more.

Middle

The DCM cannot hold trials for officers and a maximum sentence they can give is a 2 year period in a military prison. A General Court Martial (GCM). This consists of being interviewed and interrogated by 5 independent officers, and the trial is lead by a Colonel or a Brigadier with a Judge Advocate. Because this court deals with higher ranks, the courts officers are of a higher ranking than a DCM court. The GCM will only hold trials for officers and can apply the maximum sentences in law for both civilian and criminal offences. For example, if you were to commit a murder and get sentenced to life imprisonment, the GCM could apply this to a soldier in the armed forces but instead of being in a civilian prison, you will be in a military prison. Wherever it is possible all three services will follow the English Legal System, however, because there is a base in Germany, soldiers based there must follow the German Legal System as well as the Military laws. There have been a few recent changes to the laws in which I mentioned at the beginning of this report but as a reminder they are listed again below: * The Army Act ...read more.

Conclusion

If the defendant pleads not guilty, the prosecution will offer their case, which is then followed by the defence team offering their case. The magistrate will then give a verdict. If the defendant is found not guilty, they are free to leave, however, if found guilty, the clerk will advise the magistrate the sort of sentencing and the magistrate will then give a sentence. With anything in life, there are always advantages and disadvantages, and magistracy is no different. Below, I have given some examples of advantages and disadvantages. Advantages of magistracy. * It is cost effective because there is no huge salary to pay out. * It will appear fairer to the public because it uses people taken off the streets to give a non biased verdict. * With a sitting of three people, it will help to give a balanced and non biased decision. * Magistrates tend to have a local knowledge and better understanding of the local area. Disadvantages of magistracy. * The magistrates could have a biased view towards the police. * There may be an inconsistency between the benches. * Because the cases are not heard in detail, it may be possible for defendant's team to leave out vital information. ?? ?? ?? ?? The law and legal system, task 2 Marcia Brown Page 1 of 7 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    Distinguish Criminal law from Civil law in the English Legal System. Outline the jurisdiction ...

    4 star(s)

    Normally prosecutors and sometimes defence lawyers make representations as to whether bail should be granted or not. There is a high degree of correlation between prosecutors' representations and magistrates' decisions. One problem the society has with magistrates is that sections of the community are underrepresented in the lay magistracy.

  2. Marked by a teacher

    "Within the present system of precedent in the English legal system, judges have very ...

    4 star(s)

    when Lord Gardiner, the Lord Chancellor made a statement on behalf of himself and his peers. The 1966 Practice Statement allows the House of Lords to depart from its own previous decisions. Previously, the doctrine of precedent was deemed to be binding regardless of whether it created injustice such as in the case Beamish v.

  1. Criminal Law (Offences against the person) - revision notes

    Loss of self control The defence of provocation assumes an explosive loss of temper caused by things said or things done. The defendant who is worn down by his victim and eventually submits doesn't meet the requirements of the defence.

  2. Distinguishing between a Lay Magistrate and a Stipendiary Magistrate.

    Another alternative could be that we could use only the stipendiary magistrates but most stipendiary magistrates are usually white, middle aged and middle classed, this doesn't solve the problem of the younger generation being represented. An advantage is that lay magistrates are not qualified in law; this lets them give an opinion as an ordinary person.

  1. essay discussing the advantages and disadvanteges of lay magistrates

    It may also be because they have been brought up in a middle class home that taught them that police where like a beacon of light so how could they ever lie. What ever the reason this is a totally wrong way for 98% of the justice system to be organized.

  2. Worlds Apart: Orientalism, Antifeminism, and Heresy in Chaucer's Man of Law's Tale

    Significantly (and accurately, according to canon law), Trevet considers his Saracens to be pagans, unbaptized non-believers, rather than heretics--unambiguous outlaws rather than outlaws posing as inlaws. As the Chaucerian narrative continues, however, so does its emphasis upon the commonalities between Syrians and Romans, culminating in the voluntary and altogether effortless conversion of the former to the latter's faith.

  1. Describe the system of trial by jury within the English legal system.

    The "Auld Review" recommended changes to the selection procedure, without the auld review it would have meant that many intelligent and able people did not serve for lawful reasons, "the criminal justice act 2003" made these changes to the law.

  2. Describe the main differences between solicitors and barristers with regard to training and work ...

    Solicitors are most known to work in firms, small or big. Solicitors are paid a certain amount by their employer, no matter how much or how little they may earn in that period of time. Most solicitors usually practice in most areas of law, but some small firms may specialize in certain aspects of law.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work