Access to justice Flashcards
How to achieve judicial independence - adv and diasdv 12m
Superior judges = can’t be dismissed by gov without misconduct, try cases without fear/pressure, Lord chancellor in constitutional reform act, duty bound to uphold independence
Immunity from suit = Sirros v Moore, not imprisoned for wrong ruling, perform duty without fear of punishment
Separate from legislature, supreme salary out of consolidated fund, financial independence (no parliament authority), however rely on parliament due to retirement ages
independent from case, can’t try case have a personal connection to, Pinochet case, judge had personal interest
Threats to judicial independence 8m
PM can veto judge appointment
Political dialogue, interfere with judge decisions, post office scandal
justice ministry controlled by gov
cross-over of elites, politicians and judges know each other (influence)
inevitable overlap, work to uphold and interpret law
Role of juries 8m
used in criminal cases
listen and look at evidence
listen to judge’s summary and the law
decide guilt/innocence (beyond reasonable doubt)
base decision of facts/law directed by judge (bias)
decide verdict in secret
don’t give a reason for decision
unanimous or majority verdict = 12 jurors means 10-2 or 11-1, 10/11 jurors means 10-1 or 9-1, 9 jurors means 9-0
Vetting and removal of jurors 8m
Vetting = police check and eliminate based on convictions, wider background check (only national security or terrorist cases), DBS
To the array removal = challenge whole jury, unrepresentative or biased, Romford case
For cause removal = individual juror, prejudiced, knows v or d, not removed could quash conviction
Prosecution right to stand by removal = used by p, decide who the last resort jurors should be, used rare
Qualifications and restrictions for jurors 8m
Qualifications = 18-75, lived in UK or channel islands for 5 years once 13, registered elector, set out in Juries act
Failure to disclose info and turn up for jury = 5K fine
Excusal from jury = given a sentence for public protection or more than 5 years, on bail/had sentence in last 10 years, mental disorder, deaf (interpreter) blind (cant process), can’t understand/speak English, full time member of the forces
Deferral from jury = suffering a disability, business appointment, too ill to attend, exams, booked holiday, mother with small baby, over 70, essential work, juror in last 2 years
Adv and disadv of juries 12m
Adv, public confidence, used since 1215, believe result will be fair/impartial
Adv, open justice, trial by peers in public place, ordinary people with diff views
Adv, secret decision, private discussion, more honest
Adv, impartial, cancel out each others bias, each get a vote
Disadv, lack of understanding, 10% don’t know what they’re doing, unfair
Disadv, secret decision, no reason given, can’t investigate malpractice
Disadv, media influence, accidentally find other information shouldn’t know, unfair on d
Disadv, jury selection, excludes some people (low income or unemployed), no true representation
Gov funding 8m
Legal aid agency = gov agency responsible for civil and criminal legal aid, fund civil legal aid, make services available
Civil cases = CLA (civil legal advice) service provides free advice to those who qualify for legal aid, civil legal aid provides funding for claimants ( must pass means and merits test)
Means test = claimants income and capital, looks at partners finance, if on benefits automatic pass
Merits test = reason for taking action and chance of success
Criminal cases = advice/ assistance even in custody ( not tested, over the phone, may qualify for face to face), advice/assistance for criminal proceedings after charges means and merits tested
Private funding 8m
Anyone who can afford it can pay for legal advice from solicitors/barristers
Conditional fees = can’t be used in family/criminal cases, conditional fee agreement only pay if they win ( max on what they can pay, if lost can’t charge, usually only if good chance of winning, fee based on complexity and risk)
Citizens advice = charitable organisation, give general advice, volunteers or employees
Law centres = free and non means tested advice to people in the area, funded by gov, qualified solicitor/ volunteers
Advocate = was known as pro bono, offer free advice/ representation
Trade unions = free advice to members
Insurance = before the event or after the event, vehicle insurance
Impact of changes to legal aid funding 12m
Separation of powers 8m
3 branches = legislature (HOC and HOL), executive (gov), judiciary (judges)
Legislature oversees executive
Executive has idea that legislature make laws on
Judiciary works to uphold legislature
Keep other branches in check
Independent judiciary necessary = can’t be abused by other branches, can make impartial decisions
Main criticism = dominated by elderly, white, upper class men
Out of touch with current issues
