The Legal System Flashcards
Civil court structure
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
Criminal courts
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.
summary offences
trialled in magistrates court for less serious crimes
triable either way
can be seen in either magistrates or crown court. middle range crimes such as minor assaults.
indictable offences
can on be tried in the crown court for serious crimes such as murder
functions of magistrates court
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.
district judges
they are legally qualified magistrates. they sit alone and have the same powers as a bench of lay magistrates.
lay magistrates
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.
qualification of magistrates
they should have good character, be good at communicating, social awareness, sound temperament, sound judgement
what type of people are excluded from magistrates
police officers, some disabilities, people with criminal convictions, bankrupts
selection and appointment of magistrates
700 magistrates a year. anyone can apply.
2 stage process interview for magistrates
first interview- should have the 6 key qualities.
second interview- test candidates judicial aptitude using case studies.
composition of the bench of magistrates
may are still middle class middle aged and middle minded. only 3% were under 40. woman make up 53% of magistrates. 4% have disabilities.
advantages of using magistrates
they are members of the community, they are cheaper, they have local knowledge, cases dealt with fast, very few appeals
disadvantages of using magistrates
not legally trained, unrepresentative as usually white middle ages men, prosecution minded, rely too much on the clerk.
how long does jury training last
1-2 days
juries role
weighing up evidence, decide on facts of the case, listen to the case
how is court carried out
they have expert witnesses who give evidence. CCTV and photographs
can juries make notes
yes they can but they can not take them home or discuss with anyone not on the jury
what to do if jury decision isn’t unanimous
the verdict goes to a 10 2.
jury qualifications
aged 18-75, on the electoral register, resident of the uk for over 5 years
how are juries selected
they are taken at random from the electoral register. select 20 jurors. 12 chosen to form the jury. compulsory
permanently disqualification of being a jury
if been in prison for over 5 years, if imprisoned for public protection, if imprisoned for life.
disqualifed for 10 years as a jury
served a prison sentence or suspended sentence, had community order, had bail
ineligible for jury
having a mental disorder or other disabilities
deferral of jury
can be deferred for up to 12 months if for a good reason
excusal of jury
if they completed jury service in the last 2 years, if in armed forces, over 65, MPs, lack of capacity
2 types of jury vetting
- a routine check to make sure your not disqualified.
- security service records can be checked in terrorist cases for extreme view.
3 types of jury challenge
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
advantages of the jury
public confidence, new qualifications, jury equity(not bound by law),involves members of the public so no case hardened, impartiality
disadvantages of the jury
jury service is unpopular, media influence, lack of understanding of the trial with fraud, biased, Friday afternoon syndrome
aims of sentencing
retribution, denunciation, reform and rehabilitate, deterrence, protect society, reparation
how much is your sentence reduced if you plead guilty
1/3 is taken off
what are mitigating factors
why the defendant shouldn’t be punished so harshly e.g. age, domestic problems, drinking dependency, guilty plea.
what are aggravating factors
should be treated more harshly. racial motives, previous convictions, nature of the offence, if on bail
prison options
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)
other sentences
the criminal justice act 2003: community sentence, curfews, supervision, fines, discharge ,ASBO
advantages of custodial sentencing
protects the public, mandatory life sentences if second serious crime so are being harsher, rehabilitation available in jails
disadvantages of custodial sentencing
doesn’t reform(44.7% reoffend), expensive, population is too high in prisons, inappropriate for female offenders
advantages of community services
less likely to reoffend, more appropriate for female offenders, family can receive support, public protected due to curfew
disadvantages of community services
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
key act for access to justice
LASPO 2012
what 2 main things does LASPO provide
legal help, legal representation
government funded advice for civil
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.
government funded advice for criminal cases
duty solicitors, advice may be face to face or telephone, no financial restriction
civil funding
contract and tort aren’t covered, trespassing not covered, children’s rights and mental health tribunals are covered. must have less than £8000 capital
criminal finding legal aid
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.
magistrates legal help
less than 3/4 qualify. have to be under 16 or not enough money
crown and legal help
most qualify for legal aid. if found not guilty they will be refunded
