Law and Justice : Procedural Flashcards
Legal aid
Legal aid is government money made available to support people to assert or defend their rights
It is considered as an important element in promoting social justice
In a domestic society, all citizens have a right to access justice, to receive a fair hearing to understand the legal rights and obligations
Many people need help to access and use their rights
Legal aid has been a significant vehicle through which the help is provided in both the criminal and civil justice systems
Criticisms for legal aid
Budget for legal aid has been limited, so It does not pay for help and representation for everyone who needs it
This budget has been fitted by the treasurer and places limits upon the operation and qualification to legal aid
Entitlement to legal aid in criminal and civil law is means tested, so demand for the service continues but the budget does not
Sentencing
When judges or magistrates pass a sentence upon an offender, they take into account a number of factors including sums of sentencing, aggravating and mitigating factors + sentencing guidelines
As a result the sentence should be just
One sentence that can be argued to not be just is the mandatory life sentence for murder, this is imposed on an adult guilty of murder and means that different levels of culpability are treated the same. However the judge can set a minimum time that the D must serve before being able to apply for parol.
This provides a greater degree of justice
Juries
Trial by jury enables the case against a defendant to be decided by their peers, who are free to apply their view of justice rather than adhere strictly to the rules of the law(Ponting 1985)
THE jury doesn’t have to give reason for their decision,just guilty or not guilty, however this may be unjust as the jury may be bias and unrepresentative and them not giving their reasoning is sceptical
Appeals
In criminal cases heard in magistrates, the D may appeal either to the crown court against conviction or sentence or QBD in the high court by way of a case stated appeal on a point of law
Further appeals can be made to the court of appeal +Supreme Court
Under CJA 1988, the prosecution may appeal against unduly lenient sentences
In addition under CJA 1972, the AG may refer a point a point of law to the court of appeal where he wishes to question the judges direction that has led to an acquittal
It is particularly important for those guilty of an offence to be appeal against conviction. Obviously not justice if an innocent person is convicted
Criminal review commission
Provides a “safety net” for those whose appeals are refused. The commissions was set up to prevent miscarriages of justice
They investigate the cases and if it believes that there is a real doubt about the guilt of the defendant, it will refer the case to the C of A for another hearing
Rules of natural justice
Often described as having two basic principles
The first is that the tribunal must not be impartial,but also seen to be so.
Judges should have no personal interest in the case (Pinochet)
The second point is that both parties in the dispute should be given an equal opportunity to present their own case and argue against their opponents. (Page v Baldwin)
The rules of natural just are designed to Protect the interests of individuals against arbitrary decisions
