"The function of the judiciary within the constitution of the United Kingdom is to ensure that justice is done so far as possible ….. to both the defendant and society in criminal trials……."
"The function of the judiciary within the constitution of the United Kingdom is to ensure that justice is done so far as possible ..... to both the defendant and society in criminal trials......."1 If miscarriages of justice occur, then not only is the defendant treated very unjustly, but also society (including the victims of crime) has not been accorded the gains in terms of safety, retribution and possible rehabilitation which should flow from an accurate conviction. The question requires us to examine the possible failings, which arise from the personnel by which justice is administered. Taking the argument that case outcomes are construction of fact as mediated by social and professional perspectives, it must be worthwhile to examine some aspects of the performance of the judiciary, who are undoubtedly major players within the criminal justice system. Attention should first be turned towards the magistrates' courts where well over 90 per cent of the business of criminal justice is in fact transacted.2 This focus was not apparent to the Runciman Commission, which naively took for granted the ability of magistrates to handle virtually any case to an acceptable standard of justice.3 Yet, the system produces a large number of dissatisfied defendants as well as a significant proportion of successful appeals. Consequently, many commentators have asserted that Crown Courts,
Aboriginal and Torres Strait Islander peoples
Law in Focus: Aboriginal and Torres Strait Islander peoples To what extent does the state recognise Aboriginals and Torres Strait Islanders? Until the 1960s, indigenous Australians - Aboriginals and Torres Strait Islanders - were denied rights and access to the legal system and excluded from formal participation in the political process. They were not counted in population censuses, were not allowed to serve on juries nor give evidence in court. Mostly, the government treated indigenous people as if they didn't exist. In 1962, indigenous people were given the right to vote in Commonwealth elections, and gradually things began to change and laws made by the states in years past were repealed or amended. However, it was not until the 1967 referendum that indigenous people were granted the right to vote and be counted in censuses. Today, even though many of the legal barriers to equality for Aborigines and Torres Strait Islanders have been removed, it is arguable that the indigenous population still do not enjoy the same status under the law as non-indigenous Australians do in practice. They are, however, recognised lawfully by the state under civil law, criminal law, international law as well as their own indigenous customary law. Civil Law Historically, indigenous Australians had virtually no access to the legal system, and were regarded as minors by the civil law, so
Petrol excise should not be excluded
Good evening ladies and gentlemen, as the second speaker for the negative team I will be talking to you tonight about the ramifications already faced by our nation economically, socially and environmentally and how increasing the foreign aid budget will be costing us, thus proving disadvantageous to everyone in the long run. However, before I continue, I would like to defend our team's case by stating some flaws in the opposition's argument. Rebuttal Now, to continue with our justification. Australia now lives in a time of upheaval in global power, in the nature of threat, and in the rules of the international system. However, the feature of the 21st century is that opportunities have not been as great. The paradox of our times is the rise of a technology-driven globalisation simultaneously with a trans-regional jihad that denies the democracy and diversity of the modern state. This situation demands from Australians that they think harder about their role in their own country. Are we simply Europeans ship-wrecked on the wrong side of earth in a bizarre historical mishap, or are we able to construct a national meaning for ourselves and make a worthwhile contribution to first see ourselves through as a nation without poverty, unemployment or any ecological issues as such? We are not required to increase the foreign aid budget at this moment in time when our own country is in
There are two types of trusts , private and public trusts. A private trust is for the benefit of an individual or class which are enforceable by the beneficiaries. A public trust is a charitable trust and is the relevant trust to this assignment. A ch...
There are two types of trusts , private and public trusts. A private trust is for the benefit of an individual or class which are enforceable by the beneficiaries. A public trust is a charitable trust and is the relevant trust to this assignment. A charitable trust is a valid purpose trust. This means that it is perfectly possible to establish a trust for the achievement of a purpose, provided that the purpose in law is regarded as charitable. On the question of enforcement, it matters not that there is no human beneficiary capable of enforcing the trust because the Crown act as parens patriae through the Attorney General in order to ensure that the trustees carry out the terms of the trust. The trustees may be individuals but are more likely to be a corporate body. Although there is no one definition of charity, it is usually accepted that before any institution can be accepted as charitable three conditions must be fulfilled. Firstly, the purpose of the institution must be within the spirit and intendment of the preamble to the Charitable Uses Act 1601. Secondly, the institution must exist for the benefit of the public and, thirdly, it must be exclusively charitable (must no be profit-distributing). The preamble to the Statute of Elizabeth 1 listed objects, which were, and are deemed charitable. Therefore, "the relief of the aged, impotent and poor people, the
Lay People
Lay People In Britain crimes are committed everyday and people break the law. People who are accused of committing these crimes must be tried in a court of law where they are called the defendant. When someone breaks the law, they are accused of committing a crime against society so therefore it is a section of society that will judge them. These representatives are known as lay people because they are selected from the public to provide societies opinion in the courtroom. They are vital to the criminal law system of today and usually provide fair verdicts when judging someone. Even though lay people tend to be good representatives of society, there are problems that can hinder their effectiveness. In England and Wales there are two main types of court that deal with criminal cases, these being the Magistrates Court and the Crown Court. Crimes are split up into these two courts depending on how serious they are; Summary Offences being only minor crimes, Triable Either Way Offences being the middle range of crimes and indictable offences which are the most serious of crimes. Juries reside in the crown court where they hear indictable offences like murder, rape and GBH. Generally offences that have a minimum sentence of one year are tried in the crown court. However juries could also be made to hear Triable Either Way Offences, crimes that have been sent up to them from the
LAW OF TORTS II
LAW OF TORTS II Major Essay "Law marching with medicine but in the rear and limping a little" Mt Isa Mines v Pusey (1970) 125 CLR 383, 395 (Windeyer J). The law is often described as falling behind social development, is this appropriate? Critically assess the law of torts in general (with a specific focus on negligence) as a tool of social reform. You may want to consider the Ipp Report and subsequent legislative amendments in your answer. A B S T R A C T Although the law may be seen as protracted and cumbersome, it is quite capable of proactively responding to shifts in social development. The function of the legislature allows for the proactivity of the law to operate. The recent development of tort law, particularly in the area of negligence, is evidence to this. One is able to observe law marching with social development through the Australian Ipp Report and through recent case law precedent. This study will draw directly on the circumstance of Australian society prior to the Ipp Report and will further scrutinise the legislative amendments resulting from it. Some investigation of overseas models will also be presented to assist in illustrating that the law is an adequate tool of social reform. C A S E L A W D E V E L O P M E N T : The development of society and the consequential shifts in moral values are occasionally reflected in case law. In recent years
The criminal process
The criminal process is often a very complex one. There are many decisions, which need to be made, and these can have a big effect on the resulting trial. The most important ones tend to take place after the suspect has been charged but before the accused gets to trial. These include the decision to prosecute, granting of bail, plea-bargaining and the court in which the case will be tried. These decisions are as important (if not more important) than the resulting trial. The decision whether to prosecute is usually the first step taken once the suspect has been charged. The decision to prosecute is vital to the pre-trial decision procedure as it establishes whether the prosecution believe there is a realistic possibility of conviction by 'sifting out' cases, which they do not think, would be worth prosecuting. Prosecution is defined as: 'The pursuit of legal proceedings, particularly criminal proceedings.'1 Prosecution takes various forms; in criminal cases it is usually in the name of the crown e.g. R v an individual. Summary offences are in the name of an individual, usually a police officer, although a private individual may bring a prosecution e.g. for assault. Until relatively recently the police took the decision to prosecute an offender. However, the Police and Criminal Evidence Act (PACE) 1984 removed this power from the police and recommended that an
In order to analyse the differing approaches, concerning formalities and incompletely constituted trusts within the modern tradition of equity, it is important to understand the history and development of Equity.
In order to analyse the differing approaches, concerning formalities and incompletely constituted trusts within the modern tradition of equity, it is important to understand the history and development of Equity. Equity is the body of law developed by the Court of Chancery in England before 1873. Its justification was that it corrected, supplemented and amended the common law. It softened and changed many injustices inherent in common law and provided remedies where at law they were either inadequate or non-existent. Equity looks to substance rather than form, thus enabling it to give effect to the true intentions of parties to a transaction where the strict legal position does not reflect those intentions. Equity does not operate on its own. There never is equity without law. Wherever the Common Law grants rights and duties to the civilian population at large, equity regulates the conscientious use of those legal powers and the discharge of the legal duties. Equity is not distinct from law but a distinct feature of law. Equity's origin was the exercise, by the Chancellor, of the residual discretionary power of the King to do justice among his subjects in circumstances in which, for one reason or another, justice could not be obtained in a common law court. In the early seventeenth century the competition between 'common law' and 'Chancery' came to a head in the Earl of
Critically evaluate the changes which have been made since 1990 to the definition of the offence of rape
Critically evaluate the changes which have been made since 1990 to the definition of the offence of rape Much of the law dates from a hundred years ago and more, when society was very different and sexual offences demonstrate the complexity of the law, which is made increasingly difficult by changes and amendments over time. Far more now is known about the patterns of sexual abuse and the law needs to reflect today's knowledge. The changing definition of rape illustrates clearly how 'we must have laws that are fit for the twenty-first century reflecting today's society and attitudes and provide effective protection for individuals against today's crimes.'1 These changes have largely developed since 1990 with the introduction of the Criminal Justice and Public Order Act 1994 which built on the Sexual Offences Act 1956 which simply provided that 'it was an offence for a man to rape a woman.' The structure of sexual offences in English criminal law places rape at the top of the criminal hierarchy carrying a maximum penalty of life imprisonment.2 The criminal law has remained far from static and this essay is concerned with the evolution of the definition of rape particularly since 1990 and how and why these changes were brought about. Rape is only committed where the man has sexual intercourse without the complainant's consent. Intercourse is defined as the penetration of the
Contact orders
Introduction Contact orders require the person with whom the child lives or is to live, to allow the child to visit or stay with the person named in such an order, or for the named person and the child otherwise to have contact with each other. It allows the non-resident parent or any other person named in the order to retain contact with the child, in a way to be decided by the court. This could be by stays, visits, letters or telephone calls, depending upon the circumstances of the case. All contact other than seeing the child in person is deemed indirect contact. Contact with the parents is the right of the child and not the parents1. If there has been a family breakdown then the court must consider the welfare checklist contained within S. 1 (3) Children Act 1989, required if S.1(4) applies, but the court will usually do this in every case as a matter of good practice. In applying the welfare checklist the court will more increasingly be persuaded by the wishes of the child especially as the child becomes older. The court will apply the 'Gillick competence' standard2 and applying their wishes. The court should only make a contact order until the child's 16th birthday unless in exceptional cases3 Domestic Courts When a court reaches its decision on the matter of contact, the court must bear in mind that the paramount consideration is the welfare of the child. If
