The jury system or right to a trial by jury is often described as the 'jewel in the crown' or the 'corner-stone' of the British criminal justice system

Jury System The jury system is often described as the 'jewel in the crown' or the 'corner-stone' of the British criminal justice system1 Juries are used in both criminal and civil cases and the law concerning juries is consolidated in the Juries Act 19742 A jury is defined as a body of persons convened by process of law to represent the public at a trial or inquest and to discharge upon oath or affirmation defined public duties.3 The jury's duty is to return verdicts upon issues joined in courts of civil and criminal jurisdiction or findings of fact at coroners' courts. The role of the jury is four-fold: - to weigh up the evidence and decide what the true facts of the case are, to listen to the directions of the judge as to the relevant law and then apply the law to the facts before reaching a verdict. Trial juries are only used in the Crown Court, High Court or a county court. Juries of inquiry are used in coroner's courts4 In England and Wales, the Lord Chancellor is responsible for summoning jurors to service, a process which is administered by the Central Juror Summoning Bureau. The selection of a jury is carried out by an official at the court5 who selects names at random from a list of electors for the area covered by the court. Jurors usually try the more serious cases such as assault, burglary, fraud or murder. These trials take place in the Crown Court where they

  • Word count: 1594
  • Level: AS and A Level
  • Subject: Law
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Civil case of injury, 5,000 in civil justice system

Civil justice system As this case is a civil case it will obviously be the civil justice system that will deal with as well as millions of other cases every year. The civil justice system is designed so that it can resolve disputes between individuals and organisations. This system deals with many different types of case like negligence, breach of contract, defamation and many other different types of cases. These days the civil justice system deals with every cases justly. This means that both of the parties involved are to be on equal footing and to save expense. Each case must have a appropriate amount of time and resouces alotted to it . This helps the court to deal with the cases justly. There are many more issues that make sure each case can be dealt with justly. The system was not always as just as they should have been. It all changed in the Woolf reforms. Lord Woolf reviewed the civil procedures and found many concerning issues that need to be raised. The main being that it was too expensive for people to take people to court, they could not afford the help they needed. There was also a problem with big delays, and it would be a considerable amount of time from the incident actually happening to the time it would come to trial. This can cause a whole number of problems. In justice was also a issue and this was a very big problem. At the time a lot of cases were

  • Word count: 800
  • Level: AS and A Level
  • Subject: Law
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Explain how jurors are chosen and the role of the jury in a crown court.

Law Gary Polmeer Juries a) Explain how jurors are chosen and the role of the jury in a crown court. For all court appearances, jurors are selected randomly, by an official at the crown court from the electoral registers. In order to be selected for a jury the person must be: between the ages of 18-70; have lived in the country for at least 5years and be registered as a parliamentary elector. In 2003 a new act was passed, The Criminal Justice Act, this meant that everybody was eligible to be called for jury service. This new act does not excuse anyone in the legal profession, justice system or the health system. The only people who don't have to serve jury service are those who are disqualified. Disqualifications include: those who have served a prison sentence of 5years or more; those who have served a prison sentence in the last 10years; those who are currently performing community service; and those who are currently on bail at the time of being called for jury service. Once a jury has been selected they have to go through a process called vetting. This process allows officials to check both the criminal and political views of each member of the jury. Every juror is checked by the police for any evidence of criminal activity and in some cases they are checked to

  • Word count: 1140
  • Level: AS and A Level
  • Subject: Law
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Explain various forms of alternative dispute resolution including tribunals.

Explain the role of tribunals (8) Tribunals are specialist courts which deal with specialist issues. The tribunal process was governed by many of the reforms from franks committee that were implemented in the Tribunal and Inquiry Act 1958. Todays tribunals are much different, the rules and procedures set out in the Tribunals, Courts and Enforcement Act 2007. This act included a radical reform to the tribunal system, much of which were suggested by Sir Leggatt who suggested the process needed to be simplified and friendlier to approach. There are three types of tribunals, the first being administrative, these are disputes between an individual and the state on social welfare legislation. Domestic tribunals are private matters between individuals eg law society. Final type is employment tribunals, these are between employees and employers over rights of employment, this is the most common type of tribunal. 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

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  • Level: AS and A Level
  • Subject: Law
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Alternative Dispute Resolution

Alternative Dispute Resolution Sometimes the courts are not the most appropriate places to resolve civil disputes as they may not produce the most satisfactory outcome. Alternative Dispute Resolution refers to methods of resolving disputes without going to court. This has proved to be effective and a necessary alternative over the years. Resolving disputes via the fixed legal framework of court hearings may be inappropriate if parties prefer to be in control. The aggressive atmosphere in courts may divide the parties involved which may be detrimental if there is a need to sustain relationships. 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. 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.

  • Word count: 607
  • Level: AS and A Level
  • Subject: Law
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The Cybercrime Act 2001 (QLD) was introduced into Australian Parliament as a result of terrorist attacks that occurred on 11 September. However, there are concerns in regards to the breadth of investigative powers stipulated in the act.

The inevitable development of technology has raised questions regarding the ethical and moral issues in regards to its utilisation. One of the consequences of massive growth within the media for past decades, most particularly the internet, is that information, ideas and images are more freely available now than they have ever been. In addition to the rapid progression of technology, criminal organisations are also embracing the developments in order to facilitate criminal acts. Cybercrimes has been defined as offences that are committed against groups or individuals with the intention to harm their reputation and physical or mental state directly or indirectly using telecommunication networks. The absence of a nationally accepted and comprehensive framework impedes any efforts to accurately report, identify and monitor trends within cybercrime. Before jurisdiction comes into play, difficulties arise in discovering the location and identifying the criminal before authorities can think about making arrests. Cybercrime laws also differ from state to state. An act that’s illegal in one location may be completely legal in another. This further complicates the situation if the perpetrator is in a location where the act he/she is committing isn’t even against the law. Effective law enforcement is clearly complicated by the transnational nature of telecommunication networks.

  • Word count: 667
  • Level: AS and A Level
  • Subject: Law
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Describe how matters relating to the granting of bail to a person awaiting trial are decided. [18 marks]

Describe how matters relating to the granting of bail to a person awaiting trial are decided. [18] Under s.4 Bail Act 1976, there is a presumption that D is entitled to remain at liberty until the next stage in the process. In accordance with the idea that D is innocent until proven guilty, it is assumed that D will be granted bail and will appear at the next stage. Both the police and the courts can grant bail. The most common type of bail is unconditional, whereby D is released on their own recognisance under the belief that they will surrender at the next stage in the process at the Magistrates Court. If D fails to appear at the Magistrates Court, the police can arrest D with a bench warrant handed down from the Magistrates Court. This type of bail means that the good behaviour of D is trusted upon. This tends to mostly happen because the majority of crimes are summary offences and are unlikely to ultimately carry a custodial sentence, and so there is no justification to remand D and infringe their liberty. Under s.38 Police and Criminal Evidence Act 1984 (PACE) as amended by the Criminal Justice and Public Order Act 1994 (CJPOA), the custody officer can also release D on police bail pending further enquiries. This means that D must surrender at the next stage which is to appear at the police station at a specified time in the future. If the custody officer refuses

  • Word count: 945
  • Level: AS and A Level
  • Subject: Law
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The approach of the courts to sentencing is far too slack. Discuss how far this statement reflects your attitude to the law and the role of the courts.

“The approach of the courts to sentencing is far too slack.” Discuss how far this statement reflects your attitude to the law and the role of the courts. It is necessary to ascertain what exactly being ‘too slack’ involves when it regards the courts which are intended to deliver justice to the victims of crimes. If a sentence is ‘too slack’ this suggests that insufficient reparation in some form is available to the victim, and that the offender receives an unduly lenient sentence. Generally, it is the media which create the perception that sentencing is too lax and lenient – this is often because it is only unfairly lenient cases which make the headlines. Publicising the outcomes of criminal cases can serve to reassure the public and increase their confidence in the criminal justice system, but it can also have the opposite effect. Public perception can be manipulated by the media into believing shock headlines, and often newspapers will carefully select which information they choose to sensationalise. It is essential to remember that both judges and courts follow strict guidelines regarding sentencing – what seems like the first exceptions will always make headlines and feed the public that negative perception. Each individual judge may differ in how they approach the law – for example: possessing a strict interpretation and giving a longer sentence, or

  • Word count: 1291
  • Level: AS and A Level
  • Subject: Law
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Describe the use of the Practice Statement using the sources and other cases. [15 marks]

Describe the use of the Practice Statement using the sources and other cases. [15] The Practice Statement was issued by the Lord Chancellor in 1966 and allowed the House of Lords (and now the Supreme Court) to deviate from its previous decisions to permit for the development of the law in line with social changes. It gave them a discretionary power to overrule themselves where it appears right to do so, with especial need for certainty in the criminal law (as confirmed by Source A lines 8-9). However, the courts do not use it very often and generally consider themselves bound to their own precedent. The House of Lords initially preferred not to use the Practice Statement, as seen in Knuller V DPP in refusing to overrule Shaw V DPP. Whilst they acknowledged that in the earlier case they had made a genuine mistake in misinterpreting the law in effectively assuming that conspiracy to corrupt public morals was an offence, they refused to overrule the case. They did so on the basis that they had an interest in certainty, and everybody now knew their decision and believed it was an offence. The Practice Statement was used for the first time in a minor evidential charge in the case of Conway V Rimmer (1968). It decided that if the Home Secretary wanted to claim public interest immunity, they must give a reason why. The use of the Practice Statement in this case was not intended

  • Word count: 1273
  • Level: AS and A Level
  • Subject: Law
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Access to Civil Justice in This Age of Austerity

Access to Civil Justice in This Age of Austerity Access to Civil legal aid and the pro-bono services were not originally expected to be as important as it is today to the welfare state. Sixty years on from when it was originally conceived as per the Legal Aid and Advice Act[1], the (LASPO) Act[2], approved by parliament in May 2012[3], will effectively turn the clock back for many members of the public who want to access civil justice. According to government statistics roughly 600,000 people will not be able to access civil legal aid[4]. It must be submitted that these changes will effect: the civil courts and procedures, legal aid services, funding and alternative dispute resolutions. Not to mention the vast criticism against the (LASPO) Act from people in the ‘frontline’ such as: Steve Hynes, Leslie Thomas, Nimrod Ben-Cnaan, Patrick Marples[5]. It must be acknowledged that the statistics supplied by Law centres have presented worrying results, at least 18 out of a possible 52 centres in England and Wales will have no alternative but to close down because 75% of their income comes from legal aid, which will cease to exist. The MoJ has already explained that the £350m[6] of cuts to civil legal aid are not due to come into force until 31 March next year, yet advice centres are already abandoning their services before the deadline. Law centres are there to help

  • Word count: 1633
  • Level: AS and A Level
  • Subject: Law
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