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AS and A Level: Machinery of Justice
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Identify and Critically Discuss Problems Associated With Police Interviews and The Success With Which PACE Has Addressed These Issues.
delay possible) (P249) * Free legal advisor (case of R 'v' Samuel (1988) and R 'v' Alladice (1988)) (P.249/250) * Appropriate adult(who is? (who needs one? (P252) * Treatment of suspects(adequate breaks/light/heat/ventilation (P252) (v sleep/food/refreshments * Record Of Interview (P253) * Exclusion of evidence (case of R 'v' Latif and Shahzad) (P253) Identify And Critically Discuss Problems Associated With Which PACE Has Addressed These Issues Interviews can take place outside the police station, which means that they are not subject to some of the safeguards in PACE, 1984. Therefore police may conduct 'unofficial interviews' on the way to the station.
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Reparation: Compensating victim, or society. E.g. returns stolen goods, Community service. Under POCCSA 2000 says courts are under duty to provide reason if they do not impose compensation order. Can be used in conjunction with other sentence. 2. Sentencing Practice in the Courts * Court usually considers both offence and background of offender as well as the AIMS of sentencing. * To do this if guilty plea, prosecution outline the fats of case. Defendant asked if agrees. If not Newton case held.
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On August 4, 1892, the b****y corpses of Andrew Borden and his wife were found in their home. Lizzy's stepmother had been killed by 19 hatchet blows to the head, and her father had died of similar injuries.
She was arrested amid a swirl of controversy. Her alibi for the time of the murders was filled with contradictions, her hatred of Abby, her step-mother, was hardly a secret, and her icy demeanor was not that of a grieving "Victorian gentlewoman." Besides, the deaths made Lizzie (along with her older sister Emma, who was away at the time of the murders) the benefactors of a sizable fortune. Yet the murder weapon was never found, and there were no eye witnesses to the crimes. The local, and soon the national press were obsessed with the case, and reported each new development with unprecedented voracity.
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"Jury tradition is not only about the right of a citizen to elect trial but also about the juror's duty of citizenship", said Baroness Helena Kennedy - explain how jurors are chosen for trial - comment on the advantages and disadvantages of trial by jury.
Originally jurors were used for providing local knowledge and information, and acted more as witnesses than decision makers. By fifteenth century juries were independent assessors and assumed there modern role as deciders of fact. Jurors are summoned by an official at the crown court. It is there responsibility to summon enough jurors to try each case that will be heard in each two week period. The official is in charge of arranging names to be selected at random from the electoral registers, for the area of which the court is covered by.
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Some people will automatically be disqualified from jury service these include; people who have been sentenced to prison or a young offenders institute, someone who has received a community rehabilitation order. There are also people who are ineligible for jury service, ineligible is where people cannot do jury service for certain reasons for example; people who suffer from mental illnesses, priests, monks and nuns and people on bail. M.P.S, people in the armed forces, doctors and nurses, and people over the age of 65 may be excused as a right.
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Jurors are now always selected by computers at a central summoning bureau jurors are selected from computerised list of the electoral registers for each area this bureau works with the courts. Juries are not used in the magistrate's courts, the sworn duty of the jury is to faithfully try the defendant and give a true verdict according to the evidence'. The defendant has a right of challenge to the array of jurors or to individual jurors, those jurors objected to will asked to stand down and others will be empanelled to take their place.
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for the low take-up rates of legal advice previous to PACE.3 The Royal Commission on Criminal Procedure 1981 recognised the need for legal advice for suspects, accepting that the system is capable of failing to protect those detained at the police station, the report also considers the probable extent of suspects legal knowledge.4 The Police and Criminal Evidence Act and relevant Codes of Practice were put in place so to facilitate fairer treatment for suspects at the police station, supposedly providing them with a greater degree of protection and ability to exercise their rights.
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The strongest criticism of the civil justice system has been its long delays, complexity and cost. How far, if at all, do the recent reforms to the civil justice system go in eradicating these defects? Discuss.
The main purpose of this assignment will be to saw whether these resent reforms helped to confront its long delay, complexity and cost or not. To begin with it should be said that in civil legal system, legal aid covers all the work involved in bringing or defending a case, including the representation by the barrister or the solicitor in court. According to the Legal Aid Act 1988, legal aid is given to claims under �3000, where the merits and means test is satisfied.
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It is a political issue about which there is much excited, and lamentably cliched debate. The jewel of the British legal system is supposed to be the jury - twelve fair-minded people standing between the might of government and an accused individual. Their power of a verdict according to conscience is enshrined as a bulwark against oppressive measures of the state. Lord Devlin may be deemed to be somewhat misty-eyed in his confidence in the "twelve good men". Since the 1970s, faith in the jury system has gradually dissolved. Successive governments have sought to restrict the use of jury trials, so it can be seen to constitute approximately 1% of criminal and civil cases.
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To put the house out of reach of Jones, he bought a company "off the shelf" and conveyed the house to it. In an action against Lipman and the company, the court granted the specific performance and ruled that "the defendant company is the creature of the first defendant, a device and a sham, a mask which he holds before his face in an attempt to avoid recognition by the eye of equity." Why should the courts "pierce the corporate veil"?
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How can any force be justified? If an individual or a group has entered in to some sort of a contract and subsequently broken it, then it seems just that they are punished through force. Therefore, in order for force to be used justly, there must be a point of equality (a contact) amongst all members of the state - all members of the state are equal citizens in that they are afforded equal rights in the eyes of the law (state).
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Jurors may be excluded if they are on bail, have serious mental disorders and have serious criminal convictions or have convictions under the Criminal Justice and Courts Act 2015. The eligibility requirements make sure juries are reliable and capable, ensuring no one with mental difficulties or anyone too young serves on a jury. This can be disregarded though as some may argue some jurors donâ€™t understand what is exected of their role, this can be seen in the case of R v Pryce where 10 questions were asked to the judge and the judge decided they were incapable of the role.
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The Tribunal, Courts and Enforcement Act 2007 updated the tribunal system to make there only be 2 courts. There is the First-tier court, this is where al tribunals are heard first and where most end however there is also the upper-tier court which deals with appeals from the first-tier court, this minimises the need for court involvement however tribunals cam in rare circumstances be appealed to the court of appeal.. The first-tier court has a tribunal judge who will be appointed by the Judicial Appointments Commission, therefore are recognised as a judge, boosting status of tribunals.
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A youth court deals with stuff like theft and burglary, anti social behaviour and drugs offences. If it is a serious crime then the case will start off in Youth Court and then progress to Crown Court. A Youth Court can give a range of sentences for e.g. community sentences and detention and training orders carried out in secure centres for young people. If you want to appeal then Court Staff can give you information on how to do so. Magistrate?s court (Criminal): The magistrate?s court deals with 97% of cases. It covers offences such as road traffic and assault.
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Tribunals are specialist judicial bodies which deals with disputes concerning particular areas of law.
An example would be Employment tribunal(deals with discrimination an unfair dismissal), Aslym and Immigratioon tribunal that deals with the appeals on the Home Secretary Decision. The Mental Health Review Tribunal deals with cases concerning the application for the release of sectioned patients. Tribunals usually consists of a chairman, and 2 lay person with expertise on the particular area. Hearings are less intimidating and less formal. Gowns and wigs are not worn and strict rules of evidence do not apply. However, tribunals can exercise the power of the state that is similar to a court which is to sentence individuals to prison for contempt of court.
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There are various forms of alternative dispute resolution. Tribunals are specialist judicial bodies that decide on cases concerning particular areas of law. They give individuals the entitlement to certain social rights. It is said to be a ?halfway house? between formal litigation and informal forms of ADR. Examples of tribunals are Employment Tribunal, Mental Health Review Tribunal and Asylum Tribunal. Tribunals consist of 2 lay persons with expert knowledge and 1 chairman. Hearings in Tribunals are less formal and less intimidating. Each side is expected to put its case, but wigs and gowns are usually not worn and the strict rules of evidence are not applied.
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Judges may not have the technical knowledge required and would bring in expert witnesses. This incurs time and cost. Also, enforced solutions may not necessarily be the optimum solution that both parties would have preferred. Privacy is also an issue with court hearings as business disputes would be better kept private. Hence alternative dispute resolution has become increasingly popular as a necessary alternative to resolve disputes without the problems of court hearings. There are various forms of alternative dispute resolution. Tribunals are specialist judicial bodies that decide on cases concerning particular areas of law.
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When the defendant pleads guilty, a resume containing all facts of the case will be prepared and confirmed by the defendant. A Newton Hearing will commence if facts are wrong. The magistrate will then consider defendants mitigating and aggravating factors such as previous conviction or presentence reports, medical reports. If the defendant chooses to plead not guilty, both sides will present their case. The prosecution will begin with a speech and calling of witnesses to give evidence.
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z Judge may also discretionary excuse some of the jury if they have booked holidays, childcare problems, business meetings. However it is a civic duty and complete excusal is rare. Defence and Prosecution have the right to challenge anyone that they deem unsuitable. For example in the case of R v Smith, a blank defendant requested for a multiracial jury. This was rejected as jury have no right to interfere with the selection process. This is also the case In Rv Ford. On the other hand there are several weaknesses. There are problems in the selection process.
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Casezl stated appeal can be made by prosecution against acquittal or by defence against conviction. The appeal will be heard by a High Court Judge or even a Court of Appeal and there will be no witnesses. Further appeal can be made to Supreme Court if it concerns great public importance or ought to be considered by Supreme Court. In the Case of Cv DPP, the divisional Court ruled that times have changed and there should be criminal responsibility of children of 10 and up however this was overruled by house of Lords. Crown Court Criminal Procedure Rules are laid down to deal with all aspects of criminal cases.
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zl Juries are randomly selected in the Blackfriairs crown Court. They decide on cases based on their understanding of the law and assimilating factual evidence. Juries come from all walks of life as their qualifications are broad. The only qualification is for them to be 18 to 70 years old, live in the Channel Island, Isle of Man, Uk, since 13 for 5 years.
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This applies the mentality of ?an eye for an eye? and ensures that the offender pays for his offence. This justifies the death penalty for cases such as manslaughter. It does not aim to reform or rehabilitate the offender and merely satisfies a sense of revenge for the victims. It contains the principle of denunciation which reflects societal disapproval at the offender?s act. Example of punishment may include imprisonment, community sentences or fines. Denunciation was previously an aim of the sentencing but this has changes over the years.
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Majority Verdict: Majority verdict has been brought to function since 1967.These are applied when afetr atleast two hours there is no verdict,the judge may call them back to a courtroom where there are 12 juries the verdict can be 10-2 or 11-1, if there are for any reason juries below 12 ,then only one can disagree with the verdict.A jury cannot go below nine.
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The prosecutors are the barristers and lawyers who are called the Crown prosecutors because they have the responsibility to prosecute criminals on the behalf of the Crown court. The second group is the paralegals these are the employees that provide assistance in preparing cases for court to the first group, the Crown prosecutors. The third group is the administrators; these will then help support the work of the Crown prosecutors. The history of the CPS began in the early centuries, it started off with private citizens employing lawyers of their own to prosecute a suspected criminal within this system of sorts the DPP would be responsible for a few of these cases.
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