Essay on Lay Magistrates
Essay on Lay Magistrates (a). There are over 30,000 lay magistrates who are also known as Justices of the Peace (JP). They deal with the vast majority of cases in the legal system. They work part - time, however they are unqualified and unpaid. They sit in the bench of panel of two and three magistrates, and the use of unqualified judges, is open to criticism. Lay magistrates must be aged between twenty-seven and sixty-five when they are appointed and sit at least half days, twenty-six days a year, and must live fifteen miles of the commission area. They are appointed by local advisory committees, which consists of groups, such as the local political parties, trade unions etc. Their names are put forward and are interviewed by the committee. The candidates who are believed to be suitable are then passed on to the Lord Chancellor, whom then has the final decision. He may not necessarily appoint all names forwarded. The new magistrates selected are issued with forty hours training, which spreads over three years. The training is enforced not to make magistrates proficient in the law, but give them an understanding of their duties, which they have to maintain. (b). "Lay magistrates are the workhorses of the English legal system." Despite being unqualified and unpaid they deal with a great deal of cases in the legal system. Lay magistrates tend to be middle-class,
Question: Critically discuss the effect that entry into the European Union has had on the sovereignty of the UK Parliament
Question: Critically discuss the effect that entry into the European Union has had on the sovereignty of the UK Parliament Answer Guide: . The scope of Parliamentary Supremacy Fundamental aspect - British Constitution (Parliament - Sovereign law making body) Act of Parliament - supreme source of law - remains in force until repealed v Nobody can question its validity 2. UK's membership into EU Entry - put a rather different perspective to UK supremacy which is absolute n unconditional. ECA 1972 - expressed UK's obligations under Treaty of Rome 1957 - In force from 1 Jan 1973. v Result - relationship between EC law n Domestic law v S2 (4) ECA 1972 - Any Act of Parliament - present or future - subjected to provisions of S2 3. What has been the attitude of the courts? Attitudes of the ECJ - clear - decisions are binding on domestic courts (all 15 member states) v Validity of EC Law can be judged in the light of domestic law * Because this will endanger the uniform application of community law n undermine the system v Thus community law automatically renders invalid any domestic provision which is incompatible with it. Simmenthal (1978) - courts of member states not only power but duty bound to prefer community law v any courts are to construe their own law in such a way - as to give effect to the purpose of EC measures - Von Colson
Good Samaritan Law
'The Good Samaritan Law' The Good Samaritan Law is a legal principle that indemnifies a 'rescuer' who has voluntarily helped a victim in distress from being sued for 'wrongdoing'. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions in the event that they made some mistake while rendering assistance. It is worth helping out a road accident victim to give one a certain sense of accomplishment and peace of mind. Every year Road Safety Week is celebrated to make society aware about road safety and reaffirm our own responsibility. However, in spite of our best efforts, road accidents are common in India. It is found that every 12 minutes, an Indian dies on the road and ten times that number get injured. That a majority of accident victims are found to succumb in the absence of prompt medical assistance, is a fact we tend to overlook. It is really hard to believe that people who are otherwise rational and caring do not always come forward to assist victims of road accidents. Go to hospitals, there are umpteen cases where the victim is not given prompt medical attention. But why is this so? Over the years people have hesitated to involve themselves with helping people in peril, for fear of being sued. The fear of police harassment often plays strongly in the minds of bystanders preventing them from helping a road accident
What is an indictable offence and how is it brought to trial?
ASSIGNMENT C . What is an indictable offence and how is it brought to trial? An indictable offence is the most serious category of criminal offence. It includes offences such as murder, wounding with intent, abducting children and arson. By definition, an indictable offence must be tried on indictment, this being a formal charge of having committed one of the most serious criminal offences such as murder. It is contained within a Bill of Indictment, which sets out the charges that the accused is alleged to have committed. A Bill of Indictment is a written accusation issued by the Crown Prosecution Service in the name of the Queen (the Crown) alleging that the accused has committed an indictable offence. The magistrates' court usually conducts a preliminary investigation known as a mode of trial proceeding to see if the prosecution can establish a prima facie case against the accused - in other words, if 'at first glance' there is enough evidence to prosecute the accused then he will be committed for trial in the Crown Court. If not, then the case is dismissed. The magistrates' court thus acts as a filter for the Crown Court with respect to indictable offences by preventing unsuitable cases going forwards. It may soon be the case, according to the Crime and Disorder Act 1998, that defendants charged with indictable offences are sent straight to the Crown Court for
Distinguishing the criminal and civil law
Distinguishing the criminal and civil law Before explaining some differences between civil and criminal functions and purposes, we must have some idea of the nature of law "law is asset of rules which prohibit us from doing curtain things on pain of punishment and which exist for the settling of disputes between people and recognized legal entities and between privet individuals" (Roger Thomas dose 2003-2004 p.7.). As roger Thomas said there should be a set of rules for each individual to prohibit him from doing things which are not right, therefore there is a parliament and other different bodies which sets the rules for the environment. In our environment the law determines into two sections: civil and criminal law, the difference between them is that the criminal law aims to punish the offender where as the civil law aims to compensate the victim. The word "Tort" comes from the French word meaning wrong, so, "Tort" is a wrong, and since we are concerned in tort with remedying wrongs rather than punishing them, It's a civil wrong, in the modern law the emphasis in tort has developed very much towards a law of interrelated duties as a result, and the law of negligence has achieved increasing importance, And had developed humorous individual aspects. As Michel Jones puts it more simply: "the law of tort is primarily concerned with providing a remedy to person who has
The relationship between morality and law
Law and Morality: Laws: The body of rules which are recognized as binding among people of a community or state so they will be imposed upon them and enforced on them by appropriate sanctions are known as LAWS. Morals: Morals are beliefs and values which are shared by a society or a section of a society. These tell those who share them what is right or wrong. Problems in identifying the moral values of a society: * Some people sometimes regard things as morally right or wrong which at another time or in another place are thought to be matters of taste or indeed to be matters of no importance at all example drinking. * Moral attitudes tend to change overtime for example homosexuality and woman's liberation. In a modern developed society it is difficult to pinpoint a set of moral values shared by all. Some tribal groups are likely to share a moral code however in a society such as our own where individuals defer widely in social status, income, occupation and ethnicity, the members are unlikely to share identical moral values even if they largely agree on some basic points. The relationship between morality and law: * The existence of some "unfair" laws proves that morality and law are not identical and do not coincide. * The existence of laws that serve to defend the basic values such as laws against murder, rape, defamation of character, fraud, bribery etc. proves that
The British Constitution.
The British Constitution The constitution of Britain has traditionally been split between royal prerogative statutes, common law, convention, convention and authoritative opinion. But recent external developments such as the European Union (EU) and the European Convention on Human Rights (ECHR) have had a strong influence on Britain. The Royal Prerogative are a set of privileges that the Royal family since the Middle Ages. However, as the power of the monarchy declined, the power was now with the Prime minister and his cabinet. Some of the Royal Prerogatives include the powers to declare war, make treaties, issue orders to armed forces and dissolve parliament. The British constitution is made statutes. A Statute is and Act of Parliament which is a law approved by parliament and is enforceable by the law courts. Statutes can change the constitution, but doesn't have to undergo any special procedures to be made. Some of the most important statutes directly relate to the rights of citizens and how the country should be governed e.g. The Haebus Corpus Act (1679) which stated that anyone who has been arrested must be brought before a court for a just trial and The Devolution reforms for Wales and Scotland (1997-98) which allowed the two countries to have their own parliament. In theory, parliament can pass any law it wishes but because of the membership to the EU in 1972,
History of Witchcraft
History of Witchcraft Early-European Witchcraft The earliest historical records of witchcraft in Europe [such as law codes, poems, heroic tales] reveal that it was divided into two distinct traditions of magical belief. In the far north, from Iceland eastward to the Baltic lands and Russia, magic was the preserve of specialists, the shamans, who drummed, danced, and chanted their way into trances in which their spirits left their bodies to accomplish the necessary work. Every tribe or clan needed to have one, and misfortune was blamed on hostile shamans. Most were male, but a female shaman was acceptable if no man with the necessary gift was available. Across the rest of Europe, among the Greeks, Romans, Germans, and Celts alike, a different system prevailed. Men were regarded as able to learn magic, and to read omens, explain unusual events, and work sorcery. Women, by contrast, were treated as repositories of powerful and primeval natural magic. They were brought in to give advice, as seers or prophets, whenever normal social structures broke down. They also featured prominently as natural healers; conversely, they were especially feared for their ability to use that innate power for evil purposes. Hence to most ancient Europeans witches were usually female. Hence, also, the pagan peoples of Europe regularly executed people for the alleged crime of witchcraft. This
Stages of a Bill to become an Act of Parliament
Stages of a Bill to become an Act of Parliament Green Paper This is a consulation document for Law reform. Whenever the government wishes to introduce a bill, it publishes a Green Paper. Then the Labour Government introduced it in 1967. The interested parties send comments to the relevant government department, so necessary changes can be made to the government's proposals. White Paper Following Green Paper, the government will publish a White Paper which is a draft Act of Parliament, with its firm proposals for new law. First Reading This is a formal procedure when the name and main aims of the Bill are read out. The in the House of Commons MPs can vote for this is two different ways - Verbally by shouting 'Aye' or 'No' or formally by each member of the House walking through a special chamber. Second Reading This is the most significant process on the entire Bill in which MPs discuss the main principles behind the Bill. The speaker of the House control the debate to ensure all MPs who wish to speak can do so. At the end of the debate the MP will vote the same way as for the First Reading. They walk through the 'division lobby' where commons officials called 'tellers' will physically count them. Committee Stage At this stage a standing committee which will range from sixteen to fifty MPs, the members will usually be those with the special interest in or
Lay Magistrates. Lay Magistrates deal with the vast majority of criminal cases in the English Legal System.
Lay magistrates: What are lay magistrates?:Lay Magistrates deal with the vast majority of criminal cases in the English Legal System. All criminal cases start in the Magistrates' Court and around one million cases a year are heard by Magistrates.They uphold the important principle in our legal system of trial by one's peers. One of the great strengths of the English legal system is the participation of ordinary people in the administration of justice. The other area where this is seen in the criminal justice system is in the Crown Court where juries are used. How lay magistrates appointed?:There are approximately 29,000 Lay Magistrates in England and Wales .(In 2005 there were 28,253 Lay Magistrates) They are unpaid volunteers and they work part time - 26 half days per year. Lay Magistrates are appointed by the Secretary of State for Constitutional Affairs and the Lord Chancellor on the advice of the Local Advisory Committees.Lay Magistrates do not need to have any formal legal qualifications. There are however some requirements which were set out by the Lord Chancellor in 1998. These are known as the six key qualities, and are as follows; good character understanding and communication social awareness maturity and sound temperament sound judgement commitment and reliability There are some other more formal requirements; be aged between 18 - 65 be prepared to
