Crime and Law: Legal Rights and Responsibilities

Question 1

Point (Contempt of Court)

Answer 1

The right to a fair trial

Question 2

Explanation (Contempt of Court)

Answer 2

Article 6 of the European Convention on Human Rights (Fair hearing, reasonable time frame, neutral jury)
The Contempt of Court Act, 1981 (offence to shame or publish anything that could impede a trial)

Question 3

Example (First Point) (Contempt of Court)

Answer 3

Tommy Robinson (Stephen Yaxley - Lennon), committed contempt of court. Hour long broadcast of defendants accused of sexual exploitation. Linked trial, 29 defendants, reporting restrictions to keep neutral jury. 13 months in jail. Overturned in an appeal 2018. Jailed again in July 2019.

Question 4

Analysis (First Point) (Contempt of Court)

Answer 4

Those charged with a crime have their rights protected by law to make sure they get a fair trial.

Question 5

Rebuttal (Contempt of Court)

Answer 5

Searching the internet one of the biggest risks to a fair trial. Former attorney general, Dominic Grieve, ‘trials by google’, questioned use of internet aiding jury.

Question 6

Example (Second Point) (Contempt of Court)

Answer 6

2011, Joanne Fraill contacted defendant Jamie Sewart via facebook. £6 million drug trial collapsed. Fraill jailed for eight months for contempt of court and searching the internet. Sewart cleared.

Question 7

Analysis (Second Point) (Contempt of Court)

Answer 7

Integrity of the British jury system at risk. Right to a fair trial under threat due to making acquittals or convictions based on the internet.

Question 8

Evaluation (Second Point) (Contempt of Court)

Answer 8

Contempt of court can sometimes protect fair trial. Age of social media and google putting right to fair trial at risk.

Question 9

Point (Presumption of Innocence)

Answer 9

The presumption of innocence is the legal principle that one is considered innocent until proven guilty.

Question 10

Explanation (Presumption of Innocence)

Answer 10

Prosecution must prove beyond reasonable doubt that the accused committed the crime. Do not prove their innocence prove their guilt. Prevents miscarriages of justice.

Question 11

Example (First Point) (Presumption of Innocence)

Answer 11

Murder of Alisha McPhail. Accused, Aaron Campbell (16) pleaded not guilty despite evidence. Created his own story, Alisha’s dads girlfriend Toni committed crime and framed him. He and Toni had relationship.

Question 12

Analysis (First Point) (Presumption of Innocence)

Answer 12

Even in cases of heinous crimes and its obvious defendant is guilty, uphold presumption of innocence. Distressing and cruel for victim/victims family.

Question 13

Rebuttal (Presumption of Innocence)

Answer 13

Media deemed celebrities/public guilty before trial. Media outlets less concerned with truth more ratings and clicks.

Question 14

Example (Second Point) (Presumption of Innocence)

Answer 14

Christopher Jeffries questioned by police about Joanna Yeates murder in his rental property. Became centre of news who had decided he was guilty. Sued newspapers for the effect on his life.

Question 15

Analysis (Second Point) (Presumption of Innocence)

Answer 15

Those involved in police investigations feel tried by the court of public opinion due to negative media coverage with the sole purpose of sensationalism. Lives ruined despite exoneration.

Question 16

Evaluation (Presumption of Innocence)

Answer 16

Right to a fair trial harder to obtain in media centred world. Many suspects tried by press and social media. Call into question the right to be presumed innocent until proven guilty.

Question 17

Point (Legal Aid)

Answer 17

Defendant right to legal representation and legal aid if they can’t afford legal representation.

Question 18

Explanation (Legal Aid)

Answer 18

Legal right to a solicitor free of charge while under arrest/ voluntarily attending a police station or being interviewed as a suspect. Can use duty solicitor or chosen, both covered by legal aid.

Question 19

Example (First Point) (Legal Aid)

Answer 19

Imran khan represented Doreen Lawrence, 18 year fight, justice for son Stephen who was murdered in 1993. Funding for landmark case legal aid ended in convictions of Gary Dobson and David Norris.

Question 20

Analysis (First Point) (Legal Aid)

Answer 20

Allows for high quality legal support good justice depends on. Crucial for upholding human rights, ensuring remedies are accessible, affordable, timely and effective.

Question 21

Rebuttal (Legal Aid)

Answer 21

In 2012 government passed The Legal Aid Sentencing Punishment of Offenders Act. Came into effect in April 2013. To reduce legal aid bill by £350 million a year. Widespread criticism, led to large cuts to legal aid.

Question 22

Example (Second Point) (Legal Aid)

Answer 22

Law society highlighted that the number of legal aid cases to help people get the early advice dropped from almost a million 2010, to 130,000 in 2021/22. Over same period number of people going to court without representation trebled and law centres/advice agencies taking legal aid cases dropped 59%.

Question 23

Analysis (Second Point) (Legal Aid)

Answer 23

Many people unable to get the legal support they need, could result in miscarriages of justice. Unable to enforce their rights/defend themselves from interference with their liberty/reputation/property. Could be argued legal aid is a cornerstone of UK welfare state.

Question 24

Evaluation (Legal Aid)

Answer 24

Legal aid is essential part of British justice system, required to protect rights of accused, funding cuts to legal aid puts right to a fair trial at risk.