Why do a high proportion of suspects not receive legal advice at the police station?

Why do a high proportion of suspects not receive legal advice at the police station? A considerable number of studies have been conducted at different police stations which has produced information identifying a range of factors which are involved in the result of suspects not receiving legal advice at the police station. Prior to the Police and Criminal Evidence Act 1984, access to legal advice was overseen by the Judges' Rules, these had no specific power of enforcement, thus allowing the police to employ them arbitrarily. The police did not have to make records of the requests for advice, so how do we know that prior to PACE the proportion of suspects receiving legal advice was low? We can gain an idea from studying the research data in this field.1 Softley's study of four police stations in 1980 shows there was not only a very low proportion of suspects seeking legal advice (9%) but the number receiving even it was even lower (7%). An earlier study by Zanders in 1972 produced different results finding that it was closer to half of all of suspects interviewed requesting access to a lawyer.2 At this time the police did not have to inform the suspects of their rights and it is held that this is the main reason 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,

  • Word count: 2216
  • Level: AS and A Level
  • Subject: Law
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Woolf Reforms

a) Explain the changes applied by the civil courts as a result of the Civil Procedure Rules 1998 Before the implementation of the Woolf reforms the Civil Justice Review was set up in 1985 by the Lord Chancellor in response to public criticism of the delay, cost and complexity of the civil court system. These key problem areas were also picked up on in Lord Woolf's report in 1996, he stated that a civil justice system should be just in the results it delivers, be fair in the way it treats litigants, offer appropriate procedures at a reasonable cost, deal with cases with reasonable speed, be understandable to those who use it, be responsive to the needs of those who use it, provide as much certainty as the nature of particular cases allows and, be effective, adequately resourced and organised. Lord Woolf claimed that the system failed to achieve all these goals, and also commented that this failure was inevitable, as some of the aims conflict with others, such as promoting efficiency in terms of speed conflicts with the need of fairness. While conflicting interests may mean it is impossible to achieve a civil justice system that satisfies everyone, there were serious concerns that the civil justice system before the Civil Procedure Rules 1998 was giving satisfaction to only a small minority of users. Research carried out for Woolf's review found that the cost was greater

  • Word count: 2175
  • Level: AS and A Level
  • Subject: Law
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Trident Booklet - Work Experience.

In this booklet you will find how to select your chosen Trident placement, what to do in the interview and how to make the appointment. Also you will find out about the preparation in pastoral lessons and general advice on how to prepare. The Selection Process: When it is time to select your Trident placement you have the choice to select six placements out of the Trident Book or opt for a private placement. I did neither as I knew someone that was willing to take me on. If you decide to select six placements you have to do is choose six jobs that you are willing to do because you may not get your first choice then complete form putting your favourite choice first and your least favourite last on your placement sheet. I would advise you to only write down six placements that you actually enjoy otherwise you may be very miserable for two weeks. If you choose to take a private placement then you have to find a company that you would like to go for Trident and ask them if they would be willing to take you on. If they decide to take you on you must find out if they have insurance to cover you otherwise you will not be able to undertake trident at that company. Finally if maybe you would like a Trident placement with somebody you know they must also have insurance otherwise you cannot participate. If they are already in the Trident book and they have agreed to accept you, then

  • Word count: 2161
  • Level: AS and A Level
  • Subject: Law
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What justification was there for Socrates' trial, verdict and death sentence?

Q. What justification was there for Socrates' trial, verdict and death sentence? Athens, known for its enthusiasm for new ideas, had gone down in history as a centre of new ideas, and was called the "school of Hellas," which attracted philosophers from near and far. So why was 'the wisest man,' who distributed opinions and ideas put to death? Were his trial, the two charges Socrates was blamed upon, and the resulting verdict justified? Socrates was brought to trial in 399 B.C, by three accusers, and citizens of Athens - Meletus, Anytus and Lycon. The jury in the trial, and the three accusers considered Socrates a sophist, corrupter and a nuisance. They defeated Socrates on two charges, "corrupting the minds of the young," and "believing in supernatural things of his own invention instead of gods recognised by the state,"1and as a result, he was put to death. I believe these two charges were neither justified, nor fair. For the first charge, of corrupting the youth of Athens, as Socrates argued in his defence speech, he never considered himself a teacher, and never charged a fee. In my opinion, the 'pupils' of Socrates were not forced to, but chose to follow Socrates and imitate his ways. They copied his questioning methods, often rudely, when he was not even present. Socrates said himself, in the Apology, that he does not solely influence the young, but that everyone in the

  • Word count: 2108
  • Level: AS and A Level
  • Subject: Law
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Explain and comment on the main reforms made to the civil justice system after the Woolf Report.

Assignment for English Legal System a) Explain and comment on the main reforms made to the civil justice system after the Woolf Report. It is essential to reform the legal system in order to maintain the contemporary and evolving society - without which the system cannot survive. Legislation made in the early nineteenth century was found to be unfit due to the rapid progressing society, however, the fact that laws appear out of date does not necessarily mean that they will technically cease to apply; such legislation still stands valid until it is repealed. During the power of the Conservative Government, Lord Woolf was appointed to carry out an extensive review of the civil justice system, which was created to resolve disputes between companies or individuals who felt that their rights had been affected. In July 1996, after two years of intensive research, the Access to Justice: Final Report was published by Lord Woolf in which he stated that the civil justice system should: (a) be just in the results it delivers; (b) be fair in the way it treats litigants; (c) offer appropriate procedures at a reasonable cost; (d) deal with cases with reasonable speed; (e) be understandable to those who use it; (f) be responsive to the needs of those who use it; (g) provide as much certainty as the nature of particular cases allows; and (h) be effective: adequately

  • Word count: 2105
  • Level: AS and A Level
  • Subject: Law
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Describe How The System Of Trial By Jury Operates

Describe How The System Of Trial By Jury Operates A jury system consists of seven to twelve people, depending on the case and the court appearing in. Twelve jurors are used in Crown Court criminal cases for indictable offences. The Queens Bench Division of High Court where the cases involved are civil cases also have twelve jurors. These are cases involving libel and slander, fraud, malicious prosecution and false imprisonment. In civil cases at a County Court, eight jurors are present, although this is rare. Seven to eleven jurors are present at suspicious death cases at the Coroners Court. Specialist juries have been used within complex cases, usually fraud, as sometimes the cases can be complicated The selection process has been that since 1972, names were taken at random from the electoral role. The Juries Act, 1974 section 1, states that those who qualify for jury service are anyone aged between eighteen and seventy who have been a resident within the United Kingdom for five years since the age of thirteen. This should ensure that the selection is completely random, although within Birmingham, only one percent of jurors were of Asian or West Indian origin when almost thirteen percent make up the population. Those who are ineligible for jury service, of which there is no blame, are people who are mentally ill, any persons involved in religious work, e.g. Nuns,

  • Word count: 2072
  • Level: AS and A Level
  • Subject: Law
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Individuals have civil rights; people are entitled to be allowed to move freely and to have their person and their property respected.

Individuals have civil rights; people are entitled to be allowed to move freely and to have their person and their property respected. However the police must have sufficient powers to investigate crimes. Therefore Parliament has given the police special powers that can be used in certain circumstances. These powers include the rights to stop and search suspects, to arrest and interview people when necessary and to take fingerprints and samples (blood samples) for scientific analysis. Without the police having these certain powers then it would be nearly impossible to investigate any crimes. But it is also important for the police to remember that, at the same time, they do not unnecessarily harass ordinary people, and that those who are suspects are protected from overzealous police officers. The law on police powers is covered in the Police and Criminal Evidence Act 1984 (also known as PACE) and the codes of practice under section 66 of PACE. There are five codes, running from code A to E. Code A deals with the powers to stop and search, code B deals with powers to search premises and seize property, code C deals with the detention, treatment and questioning of suspects, code D deals with rules for identification procedures and code E deals with tape-recording of interviews with suspects. This essay will discuss the police powers of search, arrest and interrogation,

  • Word count: 2051
  • Level: AS and A Level
  • Subject: Law
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R v David Smith. - ABH, criminal law

R v David Smith a) The Prosecutors Submission: The Defendant is charged with two cases of assault occasioning Actual Bodily Harm, according to Section 47 of the Offences against the Person Act 1861, arising out of an incident that occurred in Theobald Road, Smallville on the 11th of August 2003. This is an aggravated assault, and the Prosecution must prove an unlawful assault which caused the victim to sustain an injury that is more than merely 'trifling' or 'superficial,' but as long as the injury is 'not so trivial as to be insignificant,' it shall suffice. The defendant has pleaded guilty to both of the charges. In a brief summary of the facts, David Smith was alone in his car on the early morning of the 11th of August 2003. Whilst driving along Lansdowne Road, he turned into Beda Road and upon seeing a marked police traffic patrol vehicle, stuck his fingers out of the window and made an obscene gesture at the Police officer operating the marked vehicle. David Smith then turned into Brunswick Street, driving in the middle of the road, causing a taxi to take evasive action. Mr Smith proceeded to make a number of left and right turns whilst travelling at speeds of up to sixty miles per hour in a thirty miles per hour residential area. Mr Smith got out of his vehicle at the end of Lansdowne Road and ran away from the police car in a Westerly direction. After being chased by

  • Word count: 1990
  • Level: AS and A Level
  • Subject: Law
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What changes have been made to the novel Harry Potter to make the film of the same name?

English Language 26/11/04 Language Investigation: What changes have been made to the novel Harry Potter to make the film of the same name? Introduction For my language investigation I will be examining the difference between the film of Harry Potter and the Chamber of Secrets and the novel of the same name. These will be analysed in terms of lexis and semantics, discourse, pragmatics, syntax and phonology. The novel is similar to the film because both include information on situational context of the dialogue, where the conversation takes place, what the speakers are doing etc. However, we can see only in the film how they are positioned in relation to each other. These factors affect what is being said, how it is being said and the meanings the speakers are conveying to each other. In the novel, there are many paralinguistic features absent which may have contributed significantly to the meanings in the conversations example gestures, eye contact and other body language which all play vital part in the language of conversation. Even if we just consider the verbal aspects of the conversation, the novel offers few clues about the prosodic features- the intonation, stress, tempo and dynamics (i.e. volume of the speech) let alone the accents of the speakers but in the film this can be clearly seen.

  • Word count: 1946
  • Level: AS and A Level
  • Subject: Law
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Policing Using New Technologies

C3187927 Daniel Pazeski Policing Technology Aids “New” Technologies helping aid police The law enforcers “police” have upon many obligations to uphold and to reinforce laws, and some rules rigidly/securely and justly. As crime continues, methods to prevent crime and strategies to minimize incidents involving crime also advance, Such as new technologies to help aid police officials. Some of these technologies include “Tasers”, “Capsicum Spray”, “CCTV”, and “DNA Profiling”. These are a few of the many technologies that are in use to help minimize and prevent crime occurring. Crime Prevention refers to the different methods associated with deterring an individual to not commit a crime. Strategies and technologies change and develop which results in a more positive outcome such as crime levels depleting in communities and decreased levels to re-offenders committing again. The positives of using Tasers, and Capsicum spray and other technologies is to be effective in detaining to perpetrator without the use of lethal force such as a hand gun, addition to other technologies to aid the police to be effective with the most minimal amount of force. Introduction of new laws and successes observed in the use of Tasers in the Australian special police force and other

  • Word count: 1921
  • Level: AS and A Level
  • Subject: Law
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