Non-fatal Offences?
How satisfactory is the current law on Non-fatal Offences? Non-fatal offences against the person are assault, battery, assault or battery occasioning actually bodily harm (ABH), malicious wounding and Grievous Bodily Harm (GBH) with intent. The first two offences are defined in the Criminal Justice Act 1988, with the remainder being found in the Offences Against the Person Act 1861 (OAPA). There is a variety of sentences available ranging from imprisonment for six months to a life sentence for the most serious offence of GBH with intent (s.18 OAPA 1861). Moreover it could be argued that the current law on non fatal offences is not satisfactory and it is long over due for reform. Professor Horder of the Law Commission has stated that it is time to 'rethink non fatal offences against the person'. He has also argued that 'the desire for certainty and the fair labeling principle point to the need for greater distinctions between offences'. However to further this Henry LJ describes the current law as 'yet another example of how dreadful and appalling the present state of law is'.It is then no surprise that there are numerous calls for reform in this area. First it may be argued that the offences are poorly defined. There is still no clear statutory definition of assault and battery. Nevertheless the sentencing guidelines are found under s39 of the Criminal Justice Act 1988.
Explain how judges are appointed and how the courts and legal service act 1990 along with other acts have affected the selection and training, also discuss the argument that judges are old white and mainly male who are out of touch with society.
Explain how judges are appointed and how the courts and legal service act 1990 along with other acts have affected the selection and training, also discuss the argument that judges are old white and mainly male who are out of touch with society. By Jab Rakeem Plan Explain criteria of System of Solicitors, Barristers to judges. Secret Soundings? What is the Legal service act? Who and how do they set them up? What is contained in the 1990 legal service act? What other acts are there which has affected training and selection? Why are judges' old white males? 87% are male. What are the trends in the past/future? Why are they out of touch with society? What has made them become out of touch? What reforms should be taken to keep them in touch with society? In the English Legal system, there are two classifications of judge. The superior judge and an inferior judge. Inferior judges consist of District judges, Circuit judges and Stipendiary judges. These types of judges, are all the starting point in becoming a superior judge. An inferior judge applies for their position though newspaper advertisements. The minimum period that you must have been a solicitor or barrister is ten years. You must also fit the right qualities given out by the Lord Chancellors office. Before an inferior judge sits on a case, they must have permission to do so by the Lord Chancellor.
Actus reus
'Law should encourage citizens in their civil duty to "do the right thing" in a moral sense and not turn a blind eye or fail to act to help someone who is in need.' Consider to what extent the criminal law relating to commission reflects this view. Omission is when the defendant does nothing to prevent the victim's death. In certain circumstances, D may be under a duty to take positive steps to assist V, and if D fails to take those steps then he can be liable for murder or manslaughter. If D is liable for V's death, he must be under a duty to act in the circumstances, otherwise he will escape liability. This was shown in Khan and Khan, in this case D escaped liability as there was no imposition of duty of care. Duty of care can be owed in a variety of situations. One of these situations is when duty arises out of contractual liability; where failure to fulfil a contract is likely to endanger lives, the criminal law will impose a duty to act. The duty is owed to anyone who may be affected, not just the parties to the contract. This was demonstrated in Pittwood, where D's argument was rejected as his duty was owed to the railway company as well as to those who were affected. Duty of care can also arise out of relationship; this was shown in Gibbons and Proctor. The father owed V duty of care as he was related to her; however his lover, P, was not related to V but was
Questions related to the tort of negligence.
(A) This question is related to the tort of negligence. There are three elements that must be present for an act or omission to be negligent; (1) The defendant owed a duty of care towards the plaintiff; (2) The defendant breached the duty of care by an act or omission; (3) The plaintiff must suffer damage as a result - be it physical, emotional or financial. The court might decide that Freddy (the plaintiff) was owed a duty of care by Elvis (the defendant) if they find that what happened to Freddy was in the realm of reasonable forseeability - any harm that could be caused to a 'neighbour' by Elvis' actions that he could reasonably have expected to happen. The 'neighbour principle' was established in the case of Donoghue v. Stevenson (1932). Donoghue was bought a ginger beer by her friend from an ice-cream parlour. She discovered a partially decomposed snail inside the opaque bottle. She claimed that she suffered from gastro-enteritis and nervous shock as a result, and sued the manufacturer. She could not sue for breach of contract (the contract being that the manufacturer would provide the consumer with products that would not harm her) because her friend had purchased it for her, so she sued for negligence. Lord Atkinson, who was the judge at the trial, said the case hinged on the question, do the manufacturers owe the consumer, as well as the buyer (the parlour), a duty
Evaluate the extent to which judges are representative of society.
Evaluate the extent to which judges are representative of society. Judges are representative of society, but only to a small extent. There have been many criticisms related to the common race, gender, class background and political bias amongst the judiciary. Judges are generally old, white, rich, middle-upper class men with a public school education, which only really represents a very small part of society. Political bias is a highly controversial area in relation to the judiciary. Academics such as Professor Griffith have pointed out that our judges are too pro-establishment and overtly conservative. Griffith cites cases such as the GCHQ case, where a judge decided against the formation of a trade union in the General Communications Head Quarters on the grounds that national security overrides the need for a union. The decision was made after Margaret Thatcher had voiced her disapproval of any such trade union. Griffiths' point was that judges tend to support the establishment. However, academic Simon Lee argues that these ideas are far too simplistic to apply to all judges. He states that although the majority of judges are in fact old, white, middle classed men, it does not necessarily mean they will all think the same. Although Simon Lees point that judicial bias needs to be proved is valid, there has however been research into the limited class background of judges.
Corporate Separate Personality
Critically assess the effects of Corporate Separate Personality A company is one which can vary in size and in what kind of speciality and products they offer but they all have a few common factors amongst one another. All companies must comply with effects of registration by following the statutes in the companies Act 2006 s 16. A sector of this statute1 states that when a company consists of shares the members who have subscribed to the memorandum of association can then become the holders of the shares they had subscribed. The two similarities I am going to look at are; limited liability and separate legal personality. The latter refers to the liability of the members of a company is limited by the number of shares they hold. If the company faces a point during their incorporation where they have insufficient funds the company's creditors cannot seek the amount from members. Separate legal personality is when a company is a separate legal person, distinct from its members and directors.2 The foundations of company law was established in Saloman v Saloman & Co. where the father Mr.Saloman was distinguished as a separate legal entity from its shareholders, which in turn means Mr Saloman was deemed only to liable for himself, and its shareholder were all individually liable for themselves. Adams v Cape industries Plc3 confirmed the decision is saloman on application of the
What is the role of the jury in criminal and civil cases
A) What is the role of the jury in criminal and civil cases? Trial by the jury is an ancient and democratic institution within the legal system. The idea is based upon the principle of trial by ones peers and the right to a fair trial dating back to the Magna Carta and Article 6 ECHR. In the words of Lord Devlin, juries are "The lamp that shows that freedom lives". Juries are randomly selected from the public and are the sole deciders of guilt based on fact as seen in R v Bushell 1670. However, they also have the power to acquit defendants based on conscience, even if the evidence demands a guilty verdict, this is known as "jury equity". The concept of "jury equity" signifies that jurors are free from outside influence for example, in R v Wang and more recently in the 'Kingsnorth Six' Greenpeace case. The jury must come to a unanimous or majority decision in order to conclude a verdict. Juries are used in all criminal cases at first instance in the Crown Court. They try the most serious indictable offences such as murder and also either way offences such as theft, both of which, where the defendants plead not guilty. Summary offences such as driving without a licence are heard in the Magistrates Courts, so in reality only 5% of criminal cases are tried in the Crown Court and in many of these cases defendants plead not guilty so there is no need for a jury. The Juries
Delegated Legislation
Delegated Legislation A) Describe how the system of delegated legislation operates B) Discuss the advantages and disadvantages of such legislation, and consider whether or not the controls are effective. Delegated Legislation is used to create the detailed rules of many statutes created by parliament. When statutes are passed, they only lay down a basic framework for the law - so they often need to be delegated to government departments, local authorities, or public or nationalized bodies, which oversee the day to day operation of the legislation. When the legislation is delegated to these institutions, the statute is known as an enabling act, and the delegated legislation has the same legal force and effect as the Act of Parliament under which it is enacted. There are three types of delegated legislation - Statutory instruments are made by government departments, Bye-laws are created by local authorities and public or nationalized bodies such as British Rail, which still need to be agreed by central government, and Orders in Council, which are made by the government in times of crisis (eg: the commandeering of the QE2 as a Hospital ship during the Falklands War in 1982) Delegated Legislation far exceeds Acts of Parliament in terms of quantity, and its repercussions are felt by huge numbers of UK citizens every day with regards to things such as safety laws for industry,
Critically evaluate the principles governing the law on Intoxication.
Critically evaluate the principles governing the law on Intoxication Intoxication covers the effects of alcohol, drugs or solvents. It is not actually a defence but it does provide a defence in some circumstances if the defendant does not have the required mens rea of the offence. A drunken man can take actions whilst influenced by drugs or drink that he would not have taken if he had been sober, but he cannot raise the defence of intoxication, if he has the capability of forming the required mens rea of the offence. If the defendant had the intention before becoming drunk he will be charged with the offence he committed whilst being drunk. Intoxication is an aggravating factor rather than a mitigating factor of an offence. The law recognises that alcohol or drugs may impair a defendant's power of perception, so he cannot foresee or measure the consequences which may arise from his actions which he would be able to foresee if he was sober, therefore he cannot be plead a defence that he did not have the ability to judge between right and wrong or that he did something whilst being drunk which he would not ever do had he been sober. There are two categories of intoxication, the first of which is voluntary intoxication, this is where the defendant chooses or knowingly takes a substance knowing it will cause him to become intoxicated, this depends on what mens rea is required
Common Law and Equity
Outline the development of common law and equity. A The Law in England didn't come about all at once, but has developed over the centuries. There are 5 different sources of law: Customs, Judicial decision, Acts of Parliament, Delegated Legislation and, most recently, European Law. However, new law is still being created today. The law as we know it today all started in 1066, when William the Conqueror invaded England. He found a country with no single system of law, just sets of customary rules which differed from area to area. This was due to the different invaders who had settled in different parts of England, bringing their laws with them. William decided to set events into motion that helped bring about the system we have at present. William introduced the feudal system, in which all land belongs to the king, and he slowly started to gain control of England. He then split the land up and granted parts of the land to people who supported him and who were willing to grant him services, e.g. barons. He then made them pay taxes to him yearly. They in turn granted land to their followers and then them to theirs. This meant that the king had gained control of the whole country. The King's Justice was introduced for any landholder who had a problem that could not be sorted with their landowner. They were able to apply directly to the king, and William made himself available
