The Legal System

Question 1

Civil court structure

Answer 1

Small claims court- under £10,000 and personal injury under £1000
County court- family and inheritance up to £30,000 personal injury up to £50,000. Fast tracked to high court if £10,000-£25,000. Over £25,000 sent tk court of appeal.
High court- queens bench- £50,000 if PI or £100,000 tort or contract. Business or property disputes. International cases. Child abduction.
Court of appeal- if a change in evidence or point of law
Supreme court- high level of appeal. Public importance

Question 2

Criminal courts

Answer 2

Magistrates court- summary or tribal either way offences. 97% of cases dealt with here.bench of 3 magistrates and one chair. Goes to crown if they dont have the sentencing powers or want to appeal conviction.
Crown court- indicable or Triable either way. Have 12 jury and one judge. More serious crimes like rape or murder.
Court of appeal- misdirection by judge on facts. Jury irregularity, nobbling. Prosecution- too lenient sentence.
Supreme court- matter of public importance.

Question 3

summary offences

Answer 3

trialled in magistrates court for less serious crimes

Question 4

triable either way

Answer 4

can be seen in either magistrates or crown court. middle range crimes such as minor assaults.

Question 5

indictable offences

Answer 5

can on be tried in the crown court for serious crimes such as murder

Question 6

functions of magistrates court

Answer 6

maximum fine is £5000 and maximum prison sentence is 6 months. triable either way will have an initial hearing in the magistrates court, then they can hold the trial or can send it up if they don’t have sufficient sentencing powers. they issue warrants for arrests. youth courts happen here. consider bail under the bail act 1976.

Question 7

district judges

Answer 7

they are legally qualified magistrates. they sit alone and have the same powers as a bench of lay magistrates.

Question 8

lay magistrates

Answer 8

not legally qualified. known as justice of peace. they sit on a bench of 3. they have the power to sentence. court clerk advises them on the law.

Question 9

qualification of magistrates

Answer 9

they should have good character, be good at communicating, social awareness, sound temperament, sound judgement

Question 10

what type of people are excluded from magistrates

Answer 10

police officers, some disabilities, people with criminal convictions, bankrupts

Question 11

selection and appointment of magistrates

Answer 11

700 magistrates a year. anyone can apply.

Question 12

2 stage process interview for magistrates

Answer 12

first interview- should have the 6 key qualities.
second interview- test candidates judicial aptitude using case studies.

Question 13

composition of the bench of magistrates

Answer 13

may are still middle class middle aged and middle minded. only 3% were under 40. woman make up 53% of magistrates. 4% have disabilities.

Question 14

advantages of using magistrates

Answer 14

they are members of the community, they are cheaper, they have local knowledge, cases dealt with fast, very few appeals

Question 15

disadvantages of using magistrates

Answer 15

not legally trained, unrepresentative as usually white middle ages men, prosecution minded, rely too much on the clerk.

Question 16

how long does jury training last

Answer 16

1-2 days

Question 17

juries role

Answer 17

weighing up evidence, decide on facts of the case, listen to the case

Question 18

how is court carried out

Answer 18

they have expert witnesses who give evidence. CCTV and photographs

Question 19

can juries make notes

Answer 19

yes they can but they can not take them home or discuss with anyone not on the jury

Question 20

what to do if jury decision isn’t unanimous

Answer 20

the verdict goes to a 10 2.

Question 21

jury qualifications

Answer 21

aged 18-75, on the electoral register, resident of the uk for over 5 years

Question 22

how are juries selected

Answer 22

they are taken at random from the electoral register. select 20 jurors. 12 chosen to form the jury. compulsory

Question 23

permanently disqualification of being a jury

Answer 23

if been in prison for over 5 years, if imprisoned for public protection, if imprisoned for life.

Question 24

disqualifed for 10 years as a jury

Answer 24

served a prison sentence or suspended sentence, had community order, had bail

Question 25

ineligible for jury

Answer 25

having a mental disorder or other disabilities

Question 26

deferral of jury

Answer 26

can be deferred for up to 12 months if for a good reason

Question 27

excusal of jury

Answer 27

if they completed jury service in the last 2 years, if in armed forces, over 65, MPs, lack of capacity

Question 28

2 types of jury vetting

Answer 28

1. a routine check to make sure your not disqualified.
2. security service records can be checked in terrorist cases for extreme view.

Question 29

3 types of jury challenge

Answer 29

challenge of cause- if known they person or are bias
stand by the crown- don’t need to give reason
challenge of array- whole jury can be challenged if not selected randomly

Question 30

advantages of the jury

Answer 30

public confidence, new qualifications, jury equity(not bound by law),involves members of the public so no case hardened, impartiality

Question 31

disadvantages of the jury

Answer 31

jury service is unpopular, media influence, lack of understanding of the trial with fraud, biased, Friday afternoon syndrome

Question 32

aims of sentencing

Answer 32

retribution, denunciation, reform and rehabilitate, deterrence, protect society, reparation

Question 33

how much is your sentence reduced if you plead guilty

Answer 33

1/3 is taken off

Question 34

what are mitigating factors

Answer 34

why the defendant shouldn’t be punished so harshly e.g. age, domestic problems, drinking dependency, guilty plea.

Question 35

what are aggravating factors

Answer 35

should be treated more harshly. racial motives, previous convictions, nature of the offence, if on bail

Question 36

prison options

Answer 36

imprisonment, mandatory life sentence, discretionary life sentence (can be life, may not be) release on license, fixed term sentence (released after half), suspended sentence (only serve if breach terms)

Question 37

other sentences

Answer 37

the criminal justice act 2003: community sentence, curfews, supervision, fines, discharge ,ASBO

Question 38

advantages of custodial sentencing

Answer 38

protects the public, mandatory life sentences if second serious crime so are being harsher, rehabilitation available in jails

Question 39

disadvantages of custodial sentencing

Answer 39

doesn’t reform(44.7% reoffend), expensive, population is too high in prisons, inappropriate for female offenders

Question 40

advantages of community services

Answer 40

less likely to reoffend, more appropriate for female offenders, family can receive support, public protected due to curfew

Question 41

disadvantages of community services

Answer 41

curfew not effective as its a badge of honour for teens, government funding has reduced it, not seen by the public as protecting, not seen as punishment

Question 42

key act for access to justice

Answer 42

LASPO 2012

Question 43

what 2 main things does LASPO provide

Answer 43

legal help, legal representation

Question 44

government funded advice for civil

Answer 44

help line, legal aid agency has contracts with law firms, advice given for people with low income, income set too low so hard to get.

Question 45

government funded advice for criminal cases

Answer 45

duty solicitors, advice may be face to face or telephone, no financial restriction

Question 46

civil funding

Answer 46

contract and tort aren’t covered, trespassing not covered, children’s rights and mental health tribunals are covered. must have less than £8000 capital

Question 47

criminal finding legal aid

Answer 47

mostly dealt with by solicitors, only get help if defendant could lose liberty or suffer damage to reputation, if it involves cross examination, if it interests another person, if involving a point of law.

Question 48

magistrates legal help

Answer 48

less than 3/4 qualify. have to be under 16 or not enough money

Question 49

crown and legal help

Answer 49

most qualify for legal aid. if found not guilty they will be refunded