GCSE: Law
- Marked by Teachers essays 26
-
Magistrates - Explain the role that magistrates play in the criminal justice system
5 star(s)All summary cases are heard by magistrates. A triable either way case can be heard in a magistrate's court or in the crown court if the offence is deemed too serious. A magistrate will conduct what is known as mode of trial hearings for either way cases, which is where they decide whether the case will be heard by magistrates or by judge and jury. If the offence is considered serious enough to require a harsher sentence than 6 months prison/�5000 fine, then it will be heard in the crown court.
- Word count: 1305
-
Describe the powers the Police have to stop and search and arrest individuals
4 star(s)If people have difficulty understanding English, or if they are deaf, then the police have to take reasonable steps to ensure that they understand their rights. A 'stop' is when a Police officer stops an individual and asks them to account for themselves. That is, if they ask the individual to tell them: what they are doing, why they are in an area, where they are going, or what they are carrying. Due to the Stephen Lawrence Report where the Police were said to be 'institutionally r****t', the officer must fill in a form saying why they were stopped and the individual must be given a copy (Police and Criminal Evidence Act 1984- PACE, Section 3).
- Word count: 1261
-
Distinguish Criminal law from Civil law in the English Legal System. Outline the jurisdiction and composition of the courts of trial dealing with these two different types of cases.
4 star(s)Criminal and civil cases are dealt with in different courts of trial. There are two courts for criminal cases, the magistrate's court and the crown court. In a magistrates court lay magistrates hear most cases normally in groups of three. Lay magistrates are part time, unpaid and do not need a legal qualification, however they are assisted by a legally qualified clerk who may advise if requested. Some, but very few cases may be heard by District |Judges. District judges are legally qualified, full time and paid, they sit alone and hear the longer and more difficult cases.
- Word count: 1692