Section B focused 15 markers

Question 1

Analyse and evaluate the importance of magistrates in the criminal justice system 15

Answer 1

For( magistrates in the CJS)

1. In touch with society- magistrates are in touch with society because they are lay people and are required to live and work near the court they are serving. This suggests that they have local knowledge about the problems in the area unlike judges who are middle class and live in m2middle class neighbourhoods where they wont be around the problems and issues in there areas. Furthermore magistrates are in touch with society because they are representative.. Fairness
2. Few appeals- Magistrates are effective in the CJS as they have few appeals against the magistrates and if there are appeals they are made against he sentence and not the conviction. For example the JSAR ( judicial studies annual report) in 2009 showed that only half of the 13,000 appeals from the magistrates
   n schools, pupils are rewarded for good behaviour with trips while in workers are rewarded by being paid.. Effectivness
3. Improved Training - The training of magistrates has improved with the new training system and the strengthened role of the Judicial Studies Board in their training. The training involves practical “on the job” training. It is competence based and the mentor guides and advises new magistrates. This aids in increasing the quality of judging. A national syllabus is followed and magistrates are appraised to ensure they have attained the relevant competencies. fit for modern society

Against ( against magistrates in the CJS)

1. Unrepresentitive- magistrates are not a representation of society , the traditional image of a magistrate is a white, middle class and middle aged. for example Magistrates under 40 are still rare, only 4% are under 40 and half of all magistrates are in their 60’s (Judicial Statistics 2011). They are also middle class; research by Morgan and Russell (2000) found that two thirds of magistrates were employed in a professional or managerial position. Furthermore there are some ethnic imbalances
2. Inconsistency in sentencing - - Magistrates in different areas often pass different sentences for what appear to be similar offences. The Government’s White Paper “Justice for All” 2001 gave some examples, e.g. 20% of offenders convicted of burglary in Teeside were given a custodial sentence compared with 41% of offenders in Birmingham. his has been described as a ‘geographical lottery’ and it is hoped that with the improved quality of training these inconsistencies will cease to exist.
3. No Legal Training - Some critics have suggested that as magistrates have no legal training, they should not be given the role of deciding questions of guilt and sentencing. They have been accused of administering amateur justice. The Magistracy cannot be expected to comprehend the finer complexities of the criminal law and sentencing issues. Therefore, it could be argued that it would be better suited in the hands of professionals. Also, the standard of training has been criticised as it tends to vary from region to region and this may account for the sentencing discrepancies.

Question 2

Critically evaluate the use of juries in criminal trials in england and wales

Answer 2

intro -Juries are random selections of the public from the electoral register, used in determining the verdict of (mostly) criminal cases - i.e., whether the defendant is guilty or not guilty. This can be decided unanimously (all twelve jurors agree) or on a majority basis (usually 10-2 or 11-1)

(juries are good in criminal courts)

1. Trial by peers- this represents the magna carta right for a d to be tried by there peers. This means that a member of the public sits in on the case in order to come to a substantiated judgement , this is useful because it means that the law is being much more transparent and fair, in the criminal justice system. Further.. juries is fundamental in a democratic society they reinforce public confidence
2. Juries increase representation- Juries allow minorities to feel like they are being represented in court who may be empathetic towards their case and understand the challenges they may face in society . furthermore juries represent ordinary people in a courtroom full of legal professionals and prevent a case hardened judge from creating a judgement based on there own agenda which is likely to produce unfair sentencing
3. Jury equity- Because jurors are not legal experts they are not bound to follow the precedent of past cases or Acts of Parliament. Jurors can decide cases on their idea of fairness or equity. This is seen in cases like Ponting (1984), in which the defendant was a former senior civil servant who leaked documents about the sinking of the ARA General Belgrano during the Falklands War, or in R v Biezanek (1993), in which the defendant was a doctor charged with five counts of possession of cannabis and intent to supply, but was acquitted by the jury as the defendant had only done this to provide cannabis for her daughter, who suffered from a painful incurable illness.

(Juries are not useful )

1. Juries are likely be impose bias- its difficult to find an impartial jury specifically in high profile cases where they may be researching or hearing about it on social media ie R v Fraill . this means that the use of juries may lead to biased convictions which is unfair and biased which has been seen in the case of AG v Davey and Beard (2013) where had updated his Facebook status suggesting that he was going to find the defendant guilty for the charges of sex offence
2. Juries are often not representative of wider society - This acts as a disadvantage in criminal cases because it means that minoirties aren’t represented in a way that reflects modern society for example s - According to Ford 1989 ethnic minority defendants have no right to an ethnically balanced jury.
3. No legal qualifications which can lead to miscarriages of justice - furthermore juries often are forced to be apart of criminal cases and are vetted extensively however

Question 3

Critically evaluate the role of magistrates in the criminal justice system

Question 4

Evaluate the major reforms introduced to the civil justice system 1999

Answer 4

Intro - The Civil Procedure Rules 1998 were implemented to ensure that each civil case is dealt with justly. They were implemented along with the Access to Justice Act 1999 in response to the Woolf Report. The Woolf Report was commissioned to research into the problems of the court system.

Reforms (good)

• Multi track system enables flexibility.- This is because case allocation is based on complexity
• Speed and affordability-

Reforms (bad )
- The system is more complicated - for example Peter Thompson QC states that under the old rules there were 391 pages of procedure and now there are 2,301 pages with 49 updates suggesting that lord woolf’s reforms are not fit for modern society , he did not address and change the issue he simply made it much more time consuming ..

• Delay remains the same- professor Zander argues that the delay remains the same despite the introduction of fixed date trials. He argues that there is much inefficiency in the court administration process which is something that Woolf did not account for. The reforms may have helped to reduce the problems caused by lawyers but it has not addressed the administrative problems that prevent court efficiency. furthermore pre action protocols have increased this delay therefore suggesting that woolf reforms are ineffective

-

Question 5

Explain the structure , powers and appellate functions of the civil court

Answer 5

Intro- The civil justice system is used to settle disputes between private individuals, private individuals and companies or a dispute can arise between companies.

• The Civil court is structured in a hierarchy starting from the county court ( lowest civil court ) , The high court which is divided into three divisions queens bench , family and chancery , the court of appeal and then the supreme court of justice.

Question 6

Summarise the evaluation of the use of juries in England and Wales

Answer 6

(useful)
- Used as a trail by peers - magna carta - fundamental in a democratic society

• Used as a representative function - represents minorities may be empathetic towards challenges they face.. prevent case hardened judges from making rushed decisions
• Used because of jury equity - juries are not legal professionals which means .. example Ponting (1984) and R v Biezanek

Not useful

• can impose biases- hard to find a completely biased jury R v Fraill . this means that the use of juries may lead to biased convictions which is unfair and biased which has been seen in the case of AG v Davey and Beard
• unrepresentative of minorities - ford
• no qualifications

-