Describe The Work of The Magistrates Court, The Problems and The Proposals for Reform
Law (MS) 31/01/03 Describe The Work of The Magistrates Court, The Problems and The Proposals for Reform Plan English Legal System ? 2 primary courts ? ? Crown Court Magistrates ? ? Professional judge and a jury 3 lay magistrates and the clerk of the court Functions: * Granting of licences for premises * Issues warrants for premises/detention/bail * A filter in terms of offences-initially all cases (clearing house) * Summary offences - minor offences - trial court * Each way - minor or serious depending on the consequences (e.g. driving without due care and attention could lead to death by dangerous driving) * Indictable offences - serious offences (magistrates look for sufficient evidence and then refer the case to the crown court) Composition: * 3 magistrates (lay people ? none professionals) ? local people who know about local circumstances. * Recruitment ? 27-60 * Retirement ? 70 (or can be retired earlier for misconduct) * Who cannot be a magistrate? * How much training before becoming a magistrate? How much a year? * Clerk of the court who is usually referred to (this is a legal advisor with at least 5yrs standing (usually a solicitor or barrister)) * In complex cases stipendiary magistrates are also present. They are district judges who have a lot more training than lay magistrates. Problems: *
This house would ban IPMS
DEBATE: THIS HOUSE WOULD BAN IPMs OPPOSITION Hello everyone, I'm Nicky we are the opposition and strongly believe IPMs should not be banned; on the contrary we believe it is an integral part of our education. Today, I will be the 1st speaker, Tim will be 2nd and Tom will be 3rd speaker. IPM is interim pupil monitoring which is done every term for each individual pupil giving children an effort grade and an academic grade. From first-hand experience I know that in year 7 and to some level up to year 9 IPMs can be a pain. For the majority of students, it is annoying that they have to take "so much" time out of their absolutely doss schedule. IPM coursework and lots of tests and sometimes you won't get the mark you wanted. If you are one of those people who are just scraping through their work you are quite frankly, well and truly screwed. IPM is a termly monitoring system which helps the teachers to understand weaker areas in their class and for them to help individuals who are struggling, and more importantly to see which subjects you need to improve on. Furthermore they set targets for you to exceed or maintain. Through this you can make you can receive plaudits from your parents and help them understand what you need help on. You will be under pressure to succeed however it's better to fail here than in the big examinations, GCSEs and A-levels which will essentially
Hot Hollie vs Gangster Greg's Gang and the Pirated TAT.
Charles Brandl English Legal System March 3, 2004 Civil Procedure Hot Hollie vs Gangster Greg's Gang and the Pirated TAT Hot Hollie was taken advantage of by Gangster Gregg and his gang of hooligans. After reviewing the facts, it is evident that Hollie has good reason to move forward with civil litigation against Gangster Gregg and his gang. To do so, she should follow the steps of correct civil procedure, which would ensure a successful trial and judgment in her favour, culminating in the proper payment of remedies due and enforcement of judgment. Hollie must not wait on beginning with this process. According to the Limitation Act of 1980, Hollie only has 5 years to start the course of action, following the deadlines for a breach of copyright. Since she is in the time frame, her first step is to find the best possible solicitor which would be qualified to give her legal advice in the area of copyright law. Of course, Hollie must be able to pay for these services, or else she would need to provide her own services to compensate. If she chooses to not do that, she will need to apply for legal aid, as long as she can pass the Merits Test and the Means test. This test is administered by the Legal Aid Board. The test determines whether the case can be won and wheter her financial position requires a loan. The Merits test is based solely on the case alone. A loan
essay discussing the advantages and disadvanteges of lay magistrates
Essay discussing the advantages and disadvantages of lay magistrates and describing the work undertaken by them As with any legal system the whole point is to give everyone a fair trail and this would, if it was from anyone's point of view that didn't live in the UK mean getting a professional, who knew exactly how to deal with any part of law. So why In Great Britain do we use non-legally trained members of the public to decide who is guilty and who isn't. Does it not seem blatantly obvious that this is not the way to go forward in a modern society? Look around the world, what other civilized country uses incompetent members of the public to enforce the laws? I would like to make it obvious from the start that I am against this system for reasons I will later expand on. The job of Justice of the Peace or better known as lay magistrate originates from 1195 when Richard I appointed "keepers of the peace". They had very few powers to start with but by 1361 they had been duties such as control of weights and measures and responsibility of the highways. They have developed a significantly since then and they are now the backbone of the British legal system, dealing with about 98% of cases in the UK. There are some 30,000 (approximately) lay magistrates in the UK that are actively in service aged between 18-65. They must live within 15 miles of the area they are commissioned to
Why did Wolsey acquire and develop Hampton Court in 1514?
Hampton Court Katie Povey 11CC Why did Wolsey acquire and develop Hampton Court in 1514? The first buildings at Hampton Court belonged to the Knights Hospitallers of St John of Jerusalem, a religious order founded in the early 12th century to protect the Holy Land from the Turks. The Knights acquired the manor of Hampton in 1236 and used the site as a grange - a centre for their agricultural estates, where produce was stored and accounts kept. Excavations and early documents suggest that the Knights had a great barn or hall and a stone camera (room) which they used as an estate office. There was probably very little, if any, residential accommodation. For many years Hampton Court has long been a favoured place. A manor has existed on the site since the time of the Saxons. When the Domesday Book was written, its value was set at the sum of £39, at the time making it expensive. The founding father of this great manor Hampton Court Palace was Cardinal Wolsey. It was he who expanded the manor house into something much more splendid. Thomas Wolsey, born in Ipswich in 1900, was the son of a grazier and innkeeper. Wolsey was educated at Magdalen College on Oxford, and after becoming a priest he was appointed chaplain to Henry V111. Wolsey won rapid advancement, and was appointed
explain how magistrates are chosen and appointed
Explain how magistrates are chosen and appointed - 15 marks Explain There are around 1500 new lay magistrates a year and they are recruited by the local advisory committee. The candidates that apply for being a lay magistrate are members of the public, this can be good for the courts as it is not paid work and they have local knowledge of the social situation, this is shown in the case of DPP -v- Bowman. However some of the limitations of the lay magistrates are that they are not trained in law and just use common sense, also, because of this, they tend to believe the prosecution team more than the defendants team. To qualify to be a lay magistrate, a person needs to be 18-65. They will need to have good judgement, social awareness, commitment and reliability, mature and have good communication. The candidate is expected to live in the local area to which they are allocated. They are expected to be able to serve 26 half days a year and these are not paid. There are some certain factors that may dissuade the local advisory committee from picking some candidates, these include serious criminal convictions, members of the forces, seriously hearing impaired or too infirm to carry out duties. The appointment of a new lay magistrate can take upto six to twelve months. This is because the appointment process starts with an application form that the candidate must fill in.
The UK Court System
The UK Court System The role and functions of each court within the UK system European Court of Justice The European Court of Justice is situated in Luxembourg and within the community it is their Supreme Court. The court consists of 15 judges from different member states; each of these judges will be included in this court for six years. This court guarantees that the treaties are interpreted and applied correctly by other EU institutions and by the member states. House of Lords The House of Lords is the upper house or the secondary house of the Parliament in the UK and can be found in the Palace of Westminster. The Crown, The House of Commons and The House of Lords together complete the Parliament. The House of Lords consists of 731 seats and is currently outnumbering. The Lords have the power to reject any bill that may be passed through the House of Commons. Although under certain Acts certain types of bills may be presented for the Royal Assent without consent of the House of Lords. The Court of Appeal The Court of Appeal is seen as the core of our judicial system within England and Wales. The Court will hear civil cases of the highest form and family justice. When a person feels they have been wrongly convicted or their sentence has been too harsh then they are now capable of being heard at the Court of Appeal, criminal division, where more senior judges,
The Inchoate (Incomplete) Offences - Essay Notes
The Inchoate (Incomplete) Offences Include: - Conspiracy - Incitement - Attempt CONSPIRACY - An agreement between at least 2 people to commit an unlawful act, or a lawful act unlawfully - You cannot withdraw from conspiracy and cannot use withdrawal as a defence because the Actus Reus is already done - 3 types existed in common law: to commit any crime, to defraud, to corrupt public morals or outrage public decency - CRIMINAL LAW ACT 1977 (amended by CRIMINAL AATEMPTS ACT 1981) replaced most of the common law so that any conspiracy that amounts to a criminal offence is not statutory conspiracy - CRIMINAL LAW ACT abolished common law conspiracy with exceptions of conspiracy to defraud, or to corrupt public morals or outrage public decency Actus Reus: the reaching of an agreement Mens Rea: - S1 (2) CLA 1977 requires that D & another must have known or intended that the circumstances for the substantive act would come about & S1 (1) that they intended the agreement to be carried out - R v EDWARDS (1991) - Accused agreed to supply amphetamine but appeared to have intended to supply a different drug, ephedrine which was not a controlled drug. According to COA the judge had rightly directed the jury that they could convict of conspiracy to supply amphetamine if it was proved he had agreed to supply amphetamine and he intended to supply that drug - merely agreeing
Headline: Fireworks: Friend of Foe?
Headline: Fireworks: Friend of Foe? I love fireworks; I love the lights and colours and all the oohs and ahhs. That time of year is upon us again. But every time my cat hears a single firework go off he jumps up and his eyes start darting all over the place, he begins to tremble with fear, his teeth begin to chatter, he walks through the dark room and stands shivering in a dismal cupboard. Last year I pumped him full of tranquilisers, and plugged in a contraption which released what was called a relaxing aroma in his room. Both had no effect. Maybe I could try and get him drunk, but beer and wine don't appear to take his fancy. It isn't the lights, it's the bangs. It not even Guy Fawkes Night. It's any other night when the occasional firework goes off here, there and everywhere that's the poor creature has to relive this traumatic experience. Year after year the RSPCA have campaigned for a stronger law to be enforced concerning the use of loud fireworks and bangers due to the effect they have on the common house pet and wildlife. Earlier this year the Governments new fireworks regulations act was put into practice, but this still does very little to prevent animal distress. The law now states that fireworks must not be let off in public places between the hours of 11pm and 7am. But how will this help? The sale of fireworks in shops is now controlled, only allowing them to
Role of the law commision and the role played by pressure groups and judges with regard to law reform
Assignment 4.8 In this essay I will explain the role of the law commission and discuss the role played by pressure groups and judges with regard to law reform. The law commission is made up of five people from the judiciary, the legal profession and legal academies. Generally the chairman is a high court judge and the other four include a QC experienced in criminal law, a solicitor with experience in land law and equity and two legal academics. They are assisted by legally qualified civil servants. It was set up in 1965 with its main task to be codification. In 1965 it was announced that it would begin codifying family law, contract, landlord and tenant and evidence. This wasn't its only task though, under the law commission's act 1965 the law commission was also meant to remove anomalies from the law, repeal obsolete and unnecessary legislation, consolidate the law and finally simplify and modernize the law. It operates on projects referred to it by the Lord Chancellor or government department, at times it may also work on projects itself feels necessary for consideration. Normally a project will begin with a study of the area of law in question and attempt to identify its defects. Foreign legal systems may be looked at to see how they deal with similar issues. Then it publishes a consultation paper inviting comments, it describes present law and sets out possible
