The Bail Act 1976 gives a general right to bail, no matter how serious the offence. the 2003 criminal justice act amended this which restricted rights to adults who tested positive for class a drugs and refuse to be assessed or refused to participate in t

Bail assignment 2.11 a)The meaning of bail means a suspect/defendant is given liberty- the chance to go back to their ordinary lives, until the next stage of their case. The Bail Act 1976 gives a general right to bail, no matter how serious the offence. the 2003 criminal justice act amended this which restricted rights to adults who tested positive for class a drugs and refuse to be assessed or refused to participate in treatment. In the 1976 bail act if the defendant released on bail doesn't surrender to custody , they are automatically guilty of an offence. However the magistrates can refuse bail where there are substantial grounds to believe the defendant will: not surrender to bail, commit an offence, interfere with witnesses. when the court is deciding whether of not to grant bail they will consider certain factors such as the nature and seriousness of the offence. The courts are governed by the provisions found in the bail act 1976 and there is a presumptive right to bail under section 4 and it can only be refused on conditions set out in the act. but the underlying doctrine is clear -unnecessary resort to custody is legally wrong as it is morally offensive. However there are three principles which should guide decision makers in their treatment of defendants waiting trial. these are that unconvinced persons should be presumed to be innocent and treated accordingly.

  • Word count: 1580
  • Level: AS and A Level
  • Subject: Law
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Law and Fault. The fundamental principle of English law is that there is no liability without fault. In this case, there are many definitions of fault; it is an expression that may be used to describe legal responsibility for a wrongful act.

Law & Fault The fundamental principle of English law is that there is no liability without fault. In this case, there are many definitions of fault; it is an expression that may be used to describe legal 'responsibility' for a wrongful act. This is illustrated in criminal law, as for the defendant to be held liable for an offence the prosecution must prove the defendant acquired both, actus reus and mens rea for that offence. The actus reus refers to the physical element of an offence, it is the positive voluntary act or omission which causes a crime. Mens rea refers to the mental element of an offence which is the blameworthy state of mind (usually subjective recklessness or intention) that is required by the courts at the time the offence is committed. In this case, unless the prosecution can prove mens rea is present at the time the defendant commits the act, he will not be liable as there is no fault for the crime. The idea is not whether or not the act itself was committed, but whether the defendant intended it. For instance, for a defendant to be charged with assault under s.39 of the Criminal Justice Act 1988, the defendant must have the intention or be subjective enough to cause the victim to apprehend immediate unlawful force. Intention meaning that they desired the outcome (they chose to bring about the prohibited circumstances) as illustrated in Mohan, or that

  • Word count: 1426
  • Level: AS and A Level
  • Subject: Law
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Describe the qualification and selection of magistrates

Describe the qualification and selection of Magistrates (10 Marks) A Magistrate is a lay judge, with no legal qualifications, that sits in the Magistrates Court. They are part-time judges and work unpaid. To become a Magistrate the potential candidates must satisfy three requirements. The first requirement is that they must have the right personal qualities and be able to commit their time to being a Magistrate. There are six personal qualities that a Magistrate should possess. The first is that they should be of good character; this means that they should have good morals and principles, good personal integrity and be respectful. The second is that they should have good understanding and communication; this means that they should have good understanding of the law and the case as well as being able to communicate well within Court. The third is that they must have social awareness; this means that they must have an awareness of local knowledge and problems as well as an awareness of ethnic and cultural backgrounds. The fourth is that they must be of sound judgement, this means that they must be able to think logically and weigh up both sides of the argument as well as being open minded and being able to control prejudice. The fifth is that they must be mature and of sound temperament, this means that they must be fair, human and courteous as well as being professional in

  • Word count: 554
  • Level: AS and A Level
  • Subject: Law
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Contract Law - Discuss the significance of the precedent set in Shadwell v Shadwell

Lucy Rimington Discuss the significance of the precedent set in Shadwell v Shadwell The issue in Shadwell v Shadwell was whether or an existing promise made to a third party could be good consideration for a new promise. It has long been accepted that where a party merely does something which he is already legally bound this can never amount to sufficient consideration for an entirely fresh agreement as in Collins v Godefroy and this rule has been used to cover where the duty has arisen under an existing contract as shown in the earlier dispute of Stilk v Myrick. In this case, 2 members of a ships crew deserted and the captain promised that the remaining crew members could share the 2 men's wages if they got the ship safely home, but he later refused to pay. It was held that the promise to pay was not binding on him as the sailors were bound by their exiting duties to cope with the normal contingencies of the voyage and this could include desertions. This outlined the basic rule that a duty covered under an existing contract cannot be sufficient consideration for a new promise. Shadwell v Shadwell is the first illustration of an exception to the basic rule, that an existing contractual duty to a third party can be used as good consideration for a fresh deal. In the case of Shadwell v Shadwell, a nephew had made a promise to marry, which at the time was an enforceable

  • Word count: 818
  • Level: AS and A Level
  • Subject: Law
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Roles in police service

Roles in police service In the police service there are many different jobs such as the police officer, special constable and administrative officer. All of the roles in the police service work and support each other and each role would have to be treated equally important as the other for the police service to have an effective service. When a police officer attends a scene of crime they would have to firstly record the offence on a 'crime report'. The crime report is used by the police to record all the investigation details. The crime report would help later on in the investigation to follow up what has happened so far and also what further actions need to be taken. After the crime report the police officer would have to carry out any enquiries at the scene to help identify the offender. This concludes of witness statements, security camera videos. Once a suspect has been identified the police officers at the scene will arrest and interview the suspect. However if a suspect hasn't been identified and further enquiries may lead to an arrest then the decision is made as to who will continue the investigation. Usually it is the attending officer but some offences are dealt with by other police departments (such as detectives for serious crime like murder, child abuse officers for child crimes etc) Police officers that choose to remain as patrol constables have the role of

  • Word count: 887
  • Level: AS and A Level
  • Subject: Law
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Human Rights - Asylum Seekers.

Human Rights- Asylum Seekers Human rights are concepts relating to human dignity and rights of individuals that are argued to be intrinsic to each human. These rights are enforceable when the legal system recognises the right in some legal form; frequently they are not recognised in practise. The most recognised document today discussing human rights is the Universal Declaration of Human Rights which was created by the United Nations. The wide acceptance of this declaration suggests that it may be considered part of International Customary Law. Asylum means the power of a state to grant shelter and protection to refugees many of whom may have experienced political persecution. In recent times asylum seeking in Australia is a major political issue. International human rights have been developed over many hundreds of years through customary international law and more recently, multilateral treaties and conventions developed specifically to address human right issues. There are several categories regarding human rights these are: > Civil and political rights > Economic, social and cultural rights > Environmental and peace rights > Right to self determination Civil and Political rights are rights that refer to the integrity of a person, both physically and as a member of the community. The International Covenant on Civil and Political Rights lists twenty-one articles

  • Word count: 1384
  • Level: AS and A Level
  • Subject: Law
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Before 2005 there were three main problems with the appointment procedures which is the way in which judges are appointed. This was amended in the Constitution Reform Act 2005. This was amended in the constitution Reform Act 2005.

Before 2005 there were three main problems with the appointment procedures which is the way in which judges are appointed. This was amended in the Constitution Reform Act 2005. This was amended in the constitution Reform Act 2005. The first problem of the old system was, it was dominated by politicians. The Lord Chancellor and the Prime Minister were the main people in the appointment procedure but they were politicians who could be swayed by political factors in the selection of judges. The second problem of the old appointment system was, it was too secretive. The process was handled by a small group of civil servants who, although they discussed plenty with judges and senior barristers, nevertheless had a great deal of power. It was considered unfair because it favoured people who had good contacts. This can be because of the judge's family or the schools they attended which was not the right way of making the decision, they should be focusing on the individual's strength as a future judge. The last problem with the appointment procedure was, it was discriminatory. A 1997 study commissioned by the Association of Women Barristers is of interest. It found that there was a strong tendency for judges to recommend candidates from their own former chambers. The study looked at appointments to the High Court over a ten year period and found that of 104 judges appointed, 67.3

  • Word count: 1214
  • Level: AS and A Level
  • Subject: Law
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Balancing Competing Interests

Balancing Competing Interests Everybody would want to be sure that their interests are protected by the law and that the law achieves this through various sets of rules. Inevitably the interests of one individual and the interest of the majority may sometimes fall into a conflict. The law needs to ensure courts and tribunals that if conflicts of interest arise there is a means of settling them in a way that tries to balance the opposing views as fairly as possible. The sociological school of jurisprudence see law as a social phenomenon that is best discussed in terms of functions, roles, classes and so on rather than in such terms as powers, rights and duties. Rudolf von Jhering saw laws as a means of ordering a society in which there are many competing interests. All interests need to be satisfied. The law therefore acts as mediator assessing the value of each of these interests and determining the proper balance between them. Roscoe Pound suggested that the 'claims, demands or desires' seeking legal recognition could be classified as individual's interests such as personality or social interests such as safety, health. He insisted that competing interests would only be balanced if they were interests on the same plane. The courts don't follow Roscoe Pound's idea that you can only balance interests of the same kind a way in which you can consider how effectively the law

  • Word count: 894
  • Level: AS and A Level
  • Subject: Law
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What are the alternative methods of dispute resolution

What are the alternative methods of dispute resolution? Discuss each. Alternative methods of dispute resolution (ADR) are methods of resolving a dispute without resorting to using the courts. The fundamental principles of Alternative Dispute Resolutions are Negotiation, Tribunals, Conciliation, Arbitration and Mediation. Many of these approaches include the use of a neutral individual such as a mediator who can assist disputing parties in resolving their disagreements. The use of these methods helps in bringing justice to all people concerned with civil matters. The most obvious and most cost effective way of resolving disputes is by negotiation. It is where the two parties get together and discuss the points of the matter. Also this way of solving disputes means that the parties involved may remain on talking grounds, which usually benefits everyone concerned. If the matter cannot be solved through informal negotiating then the parties involved can involve solicitors to negotiate a settlement for them. This, however, does mean there will be a cost element but it could eliminate the amount of time taken up, which is what ADR aims for. Although negotiating is simple, its practicality can be questioned, as some matters may take years to resolve and can cost a lot. This is where the other forms of ADR and the application of the new Civil Procedure Rules come in. They all aim at

  • Word count: 1252
  • Level: AS and A Level
  • Subject: Law
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Current system for granting or refusing bail.

a) Describe the current system for granting or refusing bail Bail can be granted by the police, magistrates, and the crown court. Bail is granted when a suspected offender is not remanded in custody. They are usually at liberty until the next stage of the case, usually trial. The Bail Act 1976 states that there is a presumption in favour of bail, but for an offence while already on bail, bail will only be given if the court is satisfied there are no significant risks of re-offending. There must also be exceptional circumstances for bail to be granted for murder, attempted murder, manslaughter, rape or attempted rape where the defendant has already served a custodial sentence for such an offence. These conditions are set out in s.56 of the Crime and Disorder act 1998. Bail can also be outright refused if there are reasonable grounds for believing that the defendant would fail to surrender, would commit further offence, or would interfere with witnesses. Bail can be unconditional where they will assume that the defendant will turn up, or there can be conditions imposed. One may be a surety, where someone will be ordered to take responsibility if the person does not turn up to trial, and will have to pay a sum of money to the courts. This promise is known as a recognisance and no money will be paid unless the defendant fails to answer his bail. Other conditions that may be

  • Word count: 935
  • Level: AS and A Level
  • Subject: Law
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