The Legal System Flashcards
Writ
A legal document that tells you that you will be involved in a legal process and explains what you must do
Magistrates
- deal with summary offencences
- triable either way offences
- preliminary hearings
- issue arrest warrants
- youth court hearings
- civil jurisdictions
- bail applications and funding for legal aid
- sit with crown court to hear appeals from magistrates court
Criminal law concerns
Offences against the state
Civil law concerns
Disputes between private individuals
Purpose of action in criminal law
To preserve order in community by punishing offenders and deterring others
Purpose of the action in civil law
To remedy wrong which has been suffered
The parties in criminal law
Prosecutor prosecutes defendant
The parties in civil law
Claimant sues defendant
Criminal law courts
Magistrates or crown courts
Civil law courts
County courts or high courts
Standard of proof criminal courts
Beyond a reasonable doubt
Standard of proof civil law
Balance of probabilities
Court clerk
Advise lay magistrates
Clerk qualifications
Qualified solicitors or barristers
Advantages of magistrates
Involves members of community
Cheaper - unpaid
Local knowledge
Improved training and clerk
Speed up process
Few successful appeals
Disadvantages of magistrates
Unrepresentative of society
Inadequate compensation for loss of earnings
Training inadequate
Prosecution minded
Rely too heavily Bon court clerk
Inconsistency in sentencing
The Jury
Sit in crown court - triable either way/indictable cases
Called for 2 weeks
500,000 summoned a year
Not paid but receive expenses
Shown DVD explaining role
Listen to case and weigh up evidence
Not legally qualified
Jury criteria
Aged 18-75
On electoral register
Resident in the UK for at least 5 years since 13
Permanently disqualified
custodial sentence of 5 years or more years
Imprisoned for public protection
Imprisoned for life
Disqualified for 10 years
Served sentence of imprisonment or suspended sentence
Had a community order
Offenders on bail
Ineligible
Mental disorder or disabilities e.g blind
Deferral
Defer for 12 months e.g hospital, holiday, exams
Excusals
Completed jury service in past 2 years
Been on distressing trial
Members of armed forces
Over 65
MP’s
Discretionary - small child etc
Jury vetting
1) Routine check ensure not disqualified and DBS checked
2) exceptional cases e.g terrorism - in depth jury vetting
Jury challenges
1) Challenge for cause - challenge if believe disqualified or biased
2) stand by for the crown - prosecution only - dont need a reason
3) challenge array - whole jury can be challenged if not random - not include gender and race
