Automatism is generally considered to be a state in which a person has no control over his or her actions.
Laura Westwood Bratty- "Automatism means an act which is done by the muscles without any control by the mind such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or sleepwalking. Evaluate the accuracy of this statement by reference to the way in which the courts have recognised the defence of automatism. Automatism is generally considered to be a state in which a person has no control over his or her actions. It can then be argued that there is a lack of actus Reus, as the act is not voluntary, or that there is a lack of mens rea because the defendant is not conscious of what he is doing. In law there is a distinction between insane and non-insane automatism, which is very different to the medical meaning of the word. The defence is not available where the defendant's mind is functioning, albeit imperfectly, in Broome v Perkins (1987), D could remember nothing about a journey, he was able to exercise some voluntary control over his movements, he had not been acting in an entirely involuntary manner. This approach was recently followed by the Court of Appeal who insisted that automatism is only available where there is a total loss of voluntary control as suggested in Attorney-General's Reference (No 2 of 1992) where D had been put into a
Magistrates - Explain the role that magistrates play in the criminal justice system
Magistrates (a) Explain the role that magistrates play in the criminal justice system Magistrates are involved with many aspects of the criminal justice system and have lots of jobs to do. Criminal cases where the offence in summary or triable either way are heard by magistrates. Summary would be cases with minor offences such as speeding and drink driving, whilst triable either way are potentially more serious cases such as theft, burglary or ABH. Magistrates will listen to the case presented by the defence and prosecution, decide on the verdict and pass sentence. 3 magistrates will sit on every case. A magistrate has sentencing restrictions and can give a maximum of 6 months prison, £5000 fine or 240 hours community punishment order per offence. A clerk will sit in court with the magistrates and provide legal information for the lay magistrates. A clerk is a paid professional and must have 5 years experience of being a barrister or solicitor to get appointed. A clerk can give legal advice but can't be seen to influence the decision of the magistrates. In the case of R v Eccles a clerk was thought to have influenced the magistrates decision and a successful appeal was launched. 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
Police powers
AS Law Student Answers (Module 2568: Machinery of Justice) POLICE POWERS Police officers on patrol believe that a man that they see, Shane, is a suspect wanted for burglary. Outline the powers of the police to stop and search and if necessary to arrest the man. The police have the power to stop and search both people and vehicles in a public place under sections 1 to 7 of the Police and Criminal Evidence Act 1984 (PACE). They can only do this if they have reasonable grounds for suspecting Shane of carrying some stolen goods or prohibited articles like drugs or offensive weapons. In Shane's case this can also include articles for use in connection with burglary or theft. However, there are safeguards built in to ensure no one is being picked on or harassed in any way. The police must give their name and station and the reason for the search, otherwise it is unlawful as was shown in Osman 1999 where Mr Osman was found not guilty of assaulting an officer because the officer did not give a reason for the search. Since Shane is on the street, only his outer clothing can be searched and the police must make a written report as soon as possible after the search. Code of Practice A states that the police must not act just because of a person's characteristics, such as their race, hairstyle or manner of dress. Even if Shane had previous convictions for possessing an
