The Legal System And Criminal Law 🚓 Flashcards
1
Q
What are the courts of first instance?
A
Crown
|
Magistrates
2
Q
What is the order of the criminal court?
A
Supreme Court
court of appeal
High court-(Kings bench division)
Crown
Mag
3
Q
How does an appeal in fact to go through the criminal courts?
A

court of appeal (fact or law)
crown ->fact or law
Magistrates
4
Q
How does an appeal on law go through the criminal courts?
A
Supreme Court
Court of Appeal
High court - kings bench division
magistrates
5
Q
What are the two courts of appeal in the criminal court?
A
Supreme Court and High Court -Kings bench division
6
Q
What does a magistrate find verdicts for?
A
Tribal either way
7
Q
What is the limit sentence That a magistrates can give ?
A
12 months
8
Q
What is the procedure for indictable?
A
You’re put in police custody for two hours but that time can be extended if the magistrates approve
then they decide if you should be put on bail - Which is a sign if their is a risk
and charged if there is enough evidence
Then CPS - crowns protection service takes over and barristers look over your case
however if the offences are too severe may decide on bail again with conditions
then you have your court appearance
9
Q
What is the procedure for summary crimes?
A
Summons - your summons to court on a specific date for minor charges - If you fail to Go your face more charges someone’s through the posts are fine
if you dispute it you have to go to court
10
Q
What are the two different instances in bail?
A
police bail
Givens police power - pre charge
Can only keep you on bail for 28 days. See if they have enough evidence
Court bail- covers power of mag
Before and after charge to see whether it’s right to issue arrest warrants or search warrants
11
Q
Go through the eight marker bail (court )
Act
Section
restrictions
factors to consider
conditions
A
The Court bail is under the bail act 1976
In S.4 States that the starting point everyone is allowed bail
Automatically not allowed bail if you believe you will have to surrender To custody
committed an offence on bail reasonably believe you may interfere with the witnesses or pervert the course of justice
serious offences previous serious offences
offences is connected the class a drugs test to take drugs assessments
Factors to Consider
seriousness of the offence
Past criminal record
strength of evidence risk to public
You have been in bail before if you meet the requirements you’re let out
Surrender passport
Curfew electronic tagging avoid area bail hostel regular police station appointment
Surety - Pay for bail in America 🇺🇸
Choose who pays for it if you fail to turn up to court and ensure you turn up otherwise you’ll be find

12
Q
Is the procedure for tribal either way crimes before court?
A
First point case- starts in magistrates or crown
If start at Mag - deal with preliminary matters
check names address representation and bail
Plead before venue - Defendant plea
If plead guilty Magistrates have to decide if they have mode of hearing the sentencing powers to hear your case
If not send to crown for senatcing
Kept in mag for 12 months
If Magistrates have the sentencing powers you will receive your sentence or wait for sentencing report
- which is dependent on your financial background or home situation
If you plead not guilty You are made for trial hearing in magistrates if they decide to have the power to hear your case
if not the sent to Crown Court takes longer if they do have the power
def can choose which court they want to go to
You can be put to trail for 12 months maximum in the magistrates - 3 magistrates and be fined up to £500
In Crown Court- hear by jury sentence devisees but judge they have a full power to give you the maximum sentence or the maximum fine which is unlimited
if you have a jury specific to that case there’s more acquitted- More likely to be found not guilty
listen to evidence a decision by either magistrates or jury
Appeal
13
Q
Where do we get appeals from?
A
Magistrates
14
Q
What happens if your appeal is based on fact?
A
Case goes to Crown Court
and it’s heard by Judge into magistrates only against verdict or sentence only
and if appeal is only done by defendant
15
Q
What kind of sentences in mag not exceed and why?
A
The sentences in Crown Court cannot exceed magistrates power 12 months
Because limited to the mag maximum
16
Q
What is the appeal process ?
A
In magistrates court - appeal to the Crown Court defence - against sentence heard by Judge
magistrates court can decrease sentence but never go against it in
law - go Kings bench division by three High Court judges- have is a great general public importance Crown Court leave
for appeal- success criminal appeal act - retrial with a a new JerryThe final few appeal can be against sentence
is awarded is unduly lientent
17
Q
Where does the appeal from the Kings bench division is go to And what must it be?
A
Goes straight to Supreme Court
must be important point of law of general public importance
18
Q
If you appeal from the Kings bench division what do you have to get and what must the judges think?
A
Have to get leave for appeal
judges must think you have a genuine chance of success
19
Q
What is the process of appeals if it’s the defendant in Crown Court FACT?
A
Defendant of appeal in fact,COA against verdict of sentence
heard by three judges
leave for appeal - criminal appeals act 1995 leave? - genuine chance of success
COA can change verdict but it but can never increase the sentence
court of appeal can also order a retrical where decisions is unsafe
20
Q
How does appeals my prosecution go? LAW ?
A
Can you put on verdict if there is a new complete evidence of guilt or jury nobbling bribery 
21
Q
When can prosecution only appeal sentences?
A
If they are in duty lenient
R V Thompson Venables
22
Q
What are the aims in sentencing MENT to do what section ?
A
s . 141 Criminal justice act - lays out the main aim is that a Sentencing may achieve 
23
Q
What is the first aim of sentencing? Eg?
A
Aim is to do Retribution - punishable wrongdoing- eye for an eye - sentencing guidelines allow for proportionate sentences to crime committed
Murder - mandatory life sentence
24
Q
What is the Second aim of sentencing eg?
A
Protecting the public
put dangerous individuals in prison
revoke driving
curfews
25
What is the third aim of sentencing?
Rehabilitation- safe to be in society main aim for all young offenders
change the offending behaviour
AA
NA
financial courses
26
What is the fourth aim of sentencing?
deterrence set a harsh punishment to deter the individuals or society as a whole
R V Robinson
27
What is the fifth aim of sentencing?
Reparation- Sentences Should repay the victims of society
Apologies
fine community service restorative justice
28
What are the types of sentences and what section of this go under?
S. 142
Custody prison mandatory life murder discretionary licenses to go back up to life manslaughter
S.18 GBH fixed term sentence Half the time in prison half the time in community increases in commit serious offences in prison
Short term sentence - Under six months
Suspended - only go to jail if you done something else wrong two years
maximum community sentences -unpaid work max 300 hours
curfew
electronic
tag driving awareness course activity requirements
fine- £5000 max in magistrates
Discharge- conditional (no sentence ) or absolute (accidental or no more blame ) 
29
What are the factors affecting sentencing? What section does this go under ?
S .143 First factor is how serious the crime is of its type
30
( Factors of sentencing eight marker )
what is a aggravating factor and what are some examples?
aggravating factor- makes sentences larger
Perverting the course of justice intoxication
age vulnerability
weapons
previous
public sector victim
hate crime
on bail
no remorse
31
( Factors that affect sentencing eight marker)
What is the name of the thing tHat makes lesser sentencing and what are some examples?
Mitigating factors - early plea
mental health
offences committed under pressure family impact
age of defendants
compliance with police
First offence
32
12 marker
How do you Evaluate current sentencing
We look at current reoffending rate police crime plus sentencing act
Fixed term sentence from half to 2/3
Overcrowding in prison type of present issues with community sentences women in sentencing UK 92% of offenders are men
argued that the CJS are too Lenient females- chivalry thesis family issues lower sentences
faucet society - females c ommit suicide in prison
Most female offenders are from loan parent families- community measure more accurate?
33
What are the 7 pros and 6 cons within evaluate magistrates 12 marker?
Pros- 1. public confidence - public like to the aspect of being trialed by peers fairer way to make decision
2. Removes any bias from legal involvement no police
3. Cost eliminates that to replace Magistrates with the judge would cost over £100 million per year
4. More representative - advisory committees appoint on basis of need to balance the bench better represented in terms of gender gender ethnicity and disability 51% females 13% BAME disabled
5. Training improved - training 12 to 18 months of training by judicial college less reliant Clerk as previous
6. Local knowledge - magistrates sense local area aware of problems easier to tackle Paul V DPP
7. Decision making- very few appeals from magistrates shows that they are making good decisions easier 90% of defendants plead guilty
5000-2 mill cases
Cons
Issues- 1. under 1% of magistrates are under 30 not representativeJudged by older generations
2. 40% of magistrates have managerial all jobs have retired most of magistrates a professional backgrounds out of touch with offenders
3. Mag become case hardened hear so many cases empathy and principle of equity
Leads to a bias towards police evidence (ex parte jewitt )90% conviction rate
4. Training argue that it will still be An over reliance on a clerk especially in complex cases
5. Local knowledge beginning to fade due too drastic court closures small towns have lost all their courts
6. Media portrayal - individuals do not face a fair trial because laypeople to easily swayed by the media
34
What is the mag 8 marker for selection?
No legal qualifications
Have to be a uk citizen
18-16 retire at 70
5 key qualities needed
1. good character ( no convictions )
Good communication and understanding
Social awareness- need to know what’s going on in the world
Maturity - sound temperament
Sound judgment
Reliability or commitment - days
Applying - application can be done online or in court
Selection of mag - governed under s.10 court act 2003
Not allowed to be a mag if you have specific legal profession
-Police armed forces
Application - read by advisory committee- consists of mag and local authority
1. You will be vetted - chevalier that there are no local meme verses serving in local area
2. Interviewees - AC might not accept u as they need to balance the bench - reflect local community and diversity
If you pass the interview- recommend to lord chancellor- considers your suitability they will appoint
S.11 if you do something wrong you can resign at anything
Removed form incapacity misbehaviour of failing to meet competence
35
What is the training required for mag ?
S.10 have to undertake period of training - prescribed by lord chancellor and provide my judicial collage
Clerk of court carries out training
Based on competence - makes you competent for role
Stages of training - introductionary trading - understand role and expectations of becoming mag mentor - 6 meetings over 12-18 months period
2. Core training - wider picture of CJS visit prison probation workbooks gain wider knowledge on your role
3. Consolidation training - personal needs sitting and observing cases
4. Ends with appraisal - 18 months - judge on your competence to be a mag
5. Contribution training - updates on the law and role usually 3 years + appraisal
Extra - family youth group - chairman of bench
36
8 marker of role for mag ?
Mag - hear summery cases
decide on verdict - and if it’s suitable- sentence
Listen to evidence in trail- allowing opportunity for both subjects to present case
Max sentence- 12 months - fine and community
Mag- TEW cases - determine mode of hearing - have power to hear case?
if not send to crown
Mag deal with preliminary matters for indictable before sending to the crown
Mag issue - arrest + search warrants
Positives - decide on bail under the bail act 1976
Mag hear appeal as on crown court based on fact sit with a Judge
Sit on family matters youth court
Attend bench meeting
37
What is the 8 markers for Qualification? )( jury )
No legal qualifications
18-75 (increased the age from 70)
Criminal justice+ court act 2013
Must be on Electoral register
Must be a British citizen
Disqualify - factors that may disqualify the jury -
If summary crime was a long time ago it’s okay
If have been imprisoned for more than 5 years
On bail
Last 10 years have served community sentence
Not allows to serve if connected to case
Excused from jury service - full time military- criminal justice act 2003
Allows police and legal professionals as long as there is no bias (Rv Green) - expected to act like a normal cause
**compulsory**
Cannot stop jury service
Fined up to 1000 can defer jury service to a cater date once
38
Access to Justice - What are the three main problems problems people have when seeking legal advice?
Cost
Lack of knowledge
Fear of dealing with lawyers
39
ATJ- what did lord Darling say about people not getting the help they need ?
The law courts of justice are open to all men like the doors of the Ritz hotel
40
What are the two things needed in place for criminal offences?
Actus Reus - guilty act - need to commit a criminal act
and Mens Reus - have guilty mind and content
41
What do the acts have to be for actus reus ?
What are the 5 areas ?
What do we have to prove in result?
Criminal -
Conduct crime - the conduct amounts to the offence eg theft
Result - result of conduct amounts to the offence eg Murder - prove causation - D caused outcome
State of affairs - stare of being Defendant puts themselves in position to commit - under the influence
Illegal alien - immigrant
Omission - failure to act - criminal liability to rare circumstances- close fam
Assumed reliability creat dangerous
Exceptions - strict liability- actus reus is enough - environmental laws
42
What’s the second thing we look at in actus reus ? 4)
1. Causation in fact - we look at the but for test if we remove defendant and act does not happen they are not guilty - conduct - R v White
2. Legal - operations and substantive cause - R v Smith main cause of death - blood loss of stab
3. Intervening acts - breaks chain of causation if un foreseeable
R V Padgett - act of 3rd party
R v Roberts - Victims own acts can intervene
R v Jordan - palpably wrong (medical treatment)
R v Dear - V does not normal break chain of causation
Thin Skull rule - R v Blave - take victim as you find them
43
What are the two types of intent for Mens Rea?
What section is oblique certainly in ?
1) direct intent - decision to bring prohibited consequence
2) oblique intent - only in murder and GBH section 18 - don’t directly want consequences but it’s a virtual certainty
44
When is oblique intent only used ? Case for Oblique intent ?
If there is no direct intent R v Woolin
R v Matthews + Alleyne
45
What is the third type of intent for mens rea ?
Recklessness intent - deliberate risk taking - aware of consequence but take on risk regardless
R V G+ R overruled R V Cordwell - obj to subjunctive
R V Cumminghum
46
What are the 5 types of mens Rea ?
Direct intent - when individual brings about the prohibited consequence
Oblique Intent
Recklessness
Transferred malice
Coincidence
47
What is the fourth intent in Mens rea ?
Transferred Malice - Mens rea can transfer to Intended victim to actual victim R v Latimer R v Mitchel
48
What is the fifth intent for Mens rea ?
What are the principles for the two cases ?
Coincidence- AR and MR should happen at the same time for same offence R V Taaffe
Fagan V MPC - continuing act principle if 2 acts occur you can consider them together- run over accident but not move ? GUILTYY
R V Thabomeli - Transaction theory- series of acts that can be considered as one transaction
49
Explain the 8 marker for regulation as a Barrister
- Barristers are general council of bar - act like a trade union - support barristers welfare
Main regulators - bar standard board - set out training and disciplinary
Client can complain to bar standards and sue for negligence ( Hall v Simmons )
50
What kind of offence is murder ? Who said this ?
A common law offence offence - LJ Coke
51
What is the definition of murder?
The unlawful killing of any reasonable person in being under the kings peace with malice a forethought express or implied
52
Go to civil courts for actus reus and mens rea for murder 😙👍
53
What is the 8 marker for jury’s selection?
1. Juries are Lay people meaning that they do not need any legal qualifications
Need to be 18-75 Criminal justice and courts act 2015
May need to be dismissed if been sentenced to prison for more than five years
or if you’ve had a criminal sentence in the past 10 years
or if you’re mentally incapable
excuse if you full-time military personnel
or if legal profession such as the police, no.
If you cannot attend jury service may apply for discretionary excusal which postponed your duty to a later date
- only once
2. Start at crown court - advisor collates how many junor courts needed for 2 week period
3 . Is given to juries central summoning bureau send a summon randomly select form electoral register
4. vetting check - deferrals or excusals - always ask for more Jurors than they need (12)
5) court day allocated to court room
6) challenges get taken to jury 3
A) Challenge to the Array - dismiss the whole jury due to bias if all males ? Unrepresentative - R V Fraser / R V Ford - Ethnicity
B) for the cause - dismissed due to jury’s bias - Provides a genuine reason why Juror cannot sit- R v Sprason - known case before
Prejudice
C) prosecutions right to stand - prosecution does not need to give a reason- juror to back of the line - mental health no reason? Rare circumstances
54
What are the two partial defences to murder through diminished responsibility?
1. Voluntary (still had intent for murder and reason ) manslaughter - discretionary life sentence
55
What section outlined Diminishing responsibility?
S . 52 Coronors + Justice act 2009 - For D to prove their defence on the balance of probabilities (R v Foye)
56
What are the 4 stages needed to satisfy for diminishing responsibility?
1) defendant suffered from abnormality form the mental functioning R v Byrne
State of mind is different that reasonable person deems it as abnormal
Defendant is thinking or behaving - NOT ON THE CONDITION FOCUS ON SYMPTOMS INSTEAD !
2) A rise in a recognised medical condition - schizophrenia- R v Pupoling
ADHD - R V Osborne
Chronical depression - R V Gittens
Personality Defect - R V Martin
Autism- R V Conroy
Drug dependency - R V Dowds
Battered woman 👩 syndrome- R V Ahluwalia - physical
Emotional - R v Butler
3) condition must substantially prevent D’s ability to Form a rational judgment - understand self control or understand the nature of the act
Only need to establish one but can do more if relevant
R v Golds - tells us what’s substantial
R v Dietschmann- not looking at drug dependency but rely solely on whether the medical condition was substantial enough
4) must provide an explanation for D’s action - must be a significant contributing factor
57
What is the role of the jury ?
1. Listen to evidence from both sides
Given an evidence booklet encouraged to make notes
2. Ask questions
58
What is the 8 marker for the role of jury ?
1. Listen to evidence from both sides
Given evidence booklet and encouraged to make notes
2. Ask question to the judge Via Usher
3. Decide verdict on TEW and indictable cases in crown court
4. Decide verdict Secretly and in jury room - free from any state interference - (Bushell’s case)
5. Minimum spend 2 hours deciding the case
6. Aim- reach a unanimous verdict - judge can accept a 10:2 majority
Failure to do this will lead to a hung jury - no agreement - lead to retrial
7. Select a foreperson - responsible for providing the verdict - numbers of majority
8. Junors cannot discuses case - out the jury - contemp court - criminal offence R v Frail - lead to mass changes - new contemp offences
Criminal justice and courts act 2015
59
What are the pros of juries ? 8 marker
1. Jury equity - decide outcome of case based on what they think is fair (concrete justice)
Coasting case - not guilty
R v Ponting + R V Kronlid v others
Found not guilty due to outcry - acquitted with breaches of official secrets act
2) avoids state interference - avoids case hardened biased judges - Bushell’s case
3) Public confidence - Lord Devlin - “Bastion of liberty 🗽”
Links back to Magna Carta and respects article 6 - free trial
Will be partial and diverse because of random selection
-> legal professions that serve as impartial (R v Williamson)
Decision making - minimum times so jury does not rush
- Aims for unanimous or accept high majority- need clear argument
- Ignores pressure shows ponting
Takes decision making seriously with high acquittal rates
60
What are some issues surrounding juries ? (12 marker)
1. Secret decision making - can be made unfairly or with bias
R v Young and R v Connor + Rollock - not fair as it was not based with evidence in court
R v Karakaya - cannot take things in the court room
Sondler v UK - breech article 6 - jury had racial bias
2. Preserve decisions - decisions that did not make any sense - Ponting clearly committed an offence
3. Influences of the media - jury is easily influenced by the media
R v west and R v Taylor
Other factors -
Jury nobbling - tampering with case R v Twomey
Lack of understanding - no training - professor Cheryl Thomas - 31% understood role R v Pryce
Jury’s have used media - contempt of court conviction R v Frail
Compulsory - don’t want to be there a pay for emotional support to junior
61
What does the ABS ( alternative Business structures come under ?
Legal services act 2007
62
What was prior to 2007 ? (ABS) barristers 8 marker ?
A solicitor firm had been owned and run my legal professions
63
How is tech going in the legal profession ? 8 marks
1. Use technology to keep updated with clients and communicate through computer systems allowed to maintain good and easy communication
2. Online calls help extend the clientele
Globalisation cheap With firms around the world
3. Recordkeeping is online wills
ADR alternative dispute resolution is online eBay mediators and tribunals 
4. Online case reports- Procedural Supreme Court website
Online evidence- Three recordings in court
Braille- Lexis library
64
What do we add on to the eight mark of technology within the legal profession to make it a 12 marker ? 
4 positives
3 negatives
positives
1. It is more cheaper
2. and convenient for clientele links to ADR
and use of computers
3. Good to keep solicitors in touch with clients click and advise quicker
4. Case reposts Are easier to access
Negatives -
Risk of Data breach and hacking
More self representation
How to regulate more fraud scams

65
Go through issues with the legal profession 12 marker
1. Gender- seem to be a biased against women despite women taking law at university more than men lesser % in the profession
But now we see that solicitors are more diverse 52% - women characteristics suit females - empathetic and analytical
2. Females are now entering the bar at equal levels to men
However men to make up as most partners in law firms - 85% kings council
women still face pay gap £15,000
10% difference in salary
Ethnicity- original biased 17% ethnic minorities are compared with national population of 13%
Black female juniors and £18,700 less
Social class - elite profession £1.5k for bar training and £13,500 for tutoring for entry into the profession
However we now have SQE which provides £400,000
graduate opportunities from sponsors due to a shortage in the legal profession
Top elite uni offers for children from disadvantaged backgrounds
2% of barristers refuse to see whether they went to private school risk of elitism 57% fee paying school
Shortage of places- lack of pupillage - Apprenticeships competitive to get forced to wait and become legal executive
66
Does the government fund legal cases ? (How does the government my fund civil cases)
From the government budget which is given every year and has been set against all other claims on the budget
67
What does LASPO 2012 give the Law commission ? (How does the government my fund civil cases)
Power to the law commission to make legal aid available
68
What does LASPO 2012 set out for the law commission? Under what section? (How does the government my fund civil cases)
Facts to consider when setting out a criteria - S.11(3)
69
What does the criteria set out by LASPO 2012 cover for the law commission ?
Cost , availability, conduct of individuals and public interest
70
What following emphasis does LASPO 2012 have ? (How does the government my fund civil cases)
The starting point of legal aid is not available unless it’s category is specifically mentioned
71
Cases are allowed to be included to what can be publicly funded in civil cases? (How does the government my fund civil cases)
Children’s rights and mental health cases but not cases that cover taught or trespass or contract cases
72
What is the means testing? (How does the government my fund civil cases)
Can only get funding for the case if they cannot afford a lawyer
this means that the income and capital they have is taken into account
73
Who qualify for funding for their case? (How does the government my fund civil cases)
So who get income support - immediately quality assuming that they don’t have enough disposable income
74
What needs to be considered to whether someone qualifies for gov funding ?  (How does the government my fund civil cases)
Gross income - if it’s above the amount they do not qualify
Disposable Income- if gross income is low enough we take away things like housing costs national insurance and allowances for each person
Minimal level- the amount before the person makes with a contribution to funding
Maximum level- amount if is between minimum and maximum then they have to make monthly contributions towards funding and disposable capital
- Savings
if it’s over £8000 or if they own a house they may not qualify
75
How does the government fund criminal cases ?
Provides free legal advice
76
What has there been since 2016? (How does the gov fund criminal cases ? ) what test ?
Since 2016 legal aid only given means I’d pass merit test - if Def is going to lose liberty , livelihood or reputation
77
What does the criminal case involve ? (How does the gov fund criminal cases ? )
Substantive question of law - cases traced interview and cross examine witnesses
And whether the other person that the individual can be represented
78
What other testing does criminal cases have to go through ? (How does the gov fund criminal cases ? ) what act ?
Magistrates and crown courts mean testing- criminal defence services act
79
What does the criminal the criminal defence service act say? (How does the gov fund criminal cases ? )
High earners don’t get legal aid
Low earners or those below 16 get aid
80
What happens if criminal case wins ? (How does the gov fund criminal cases ? )
Acquitted D can get money back
81
What two tests need to be satisfied in order to get legal aid ?
Merit test
Mag and crown court means testing
82
What kind of court figures does the magistrates look at? (How does the gov fund criminal cases ? )
Magistrates Court figures- If you are an under £12,475you get funded
£12,475-£22,300 means testing is applied and disposable income is looked at
however if you earn above £12,500 you are not funded
83
What does the Crown Court figures look at?  (How does the gov fund criminal cases ? )
Same as Mag court however if over £37,500 , not funded and look at income contributions
84
What are the three other types of funding available?
1. Own resources - solitons charge an hourly rate - varies on location and can be very expensive- Halls V Simmons - £10,500
2. Insurance - cover legal - run alongside conditional legal agreement - lose case ? May have to pay other sides cost
3. Conditional fee agreement - no win no fee - insure other sides cost if lose case - can cap 25% - protecting client and agree on what to pay solicitors
85
What are the positives of conditional fee agreement ?
- Gets rid of financial worry
- helps pay other sides cost
- makes justice available for not just the rich
86
What are the negatives of confidential fees ? (What are the other types of funding available )
- cannot get 100% success fee
- damages are taken up by costs
- solitons are only attracted to high value cases with a high success rate - only some benefit
87
What are the three other advice agencies? (gov funded advice)
Helplines
LAA
legal advice in criminal cases
88
What advice do helplines give for what cases?
debt domestic domestic abuse special educational needs discrimination 160,000 rang the line in 2015-2016
89
What does the LAA provide for legal advice?
Nonprofit organisations like citizens advice- good for lower income
90
What role does legal advice in criminal cases play?
Under section 13 legal aid sentencing and punishment of offenders act initial assistance will be available for those detained in the police station + duty solicitor
no need for me and testing
telephone advice 24 hours a day
can only claim if they’re expected to attend and materially progress the case
91
What is the fourth agency to give advice?
Citizen advice- general free advice on variety of situations social weather domestic issues
save the government £360 million
92
What is the 5th available advice ?
Law Centres
93
What do law centres work with?
Call communities and specialise in social welfare
94
What do law Centers train and support?
What do they highlight ?
Local groups and highlight policy changes to prevent problems
95
What are Law Centers is not for? 
Profit . They get their funding from National Lotteries 
96
What is the Sixth government funded advice?
Given to members -
work related problems
wills Negligence PI claims
97
What is the law commission?
(Eight marker explain the rules of law commission)
An independent body that is recommended to government changes in law 
98
Who was part of the law commission ? (Eight marker explain the rules of law commission)
Previous judge, barristers and solicitors
99
what act is does the law commission operate under? What does it state? (Eight marker explain the rules of law commission)
Law commission act 2009- Government must provide reason for rejecting a proposal
100
What is the role of the law commission under?  (Eight marker explain the rules of law commission)
S. 3
101
What are the four roles of the law commission?
Codification
consolidation
reform
repeal
102
What does codification do? Act?
Brings common law into one act - The theft act 1968
103
What does consolidation do? (Eight marker explain the rules of law commission)
Bring several acts together
criminal Courts act 2000
104
What does reform do?
Plans a brand-new law- offences against the Person bill 
105
What does repeal do?  (Eight marker explain the rules of law commission)
Removes the law- 300 Bills /Act repealed
106
What do we believe will be hopefully implemented?  (Eight marker explain the rules of law commission)
New laws - sales of goods act
children act
family act
107
Eight marker - What are the main reform bodies?
Law commission
Royal commission
public inquiry
108
What is the Royal commissions? (Eight marker - What are the main reform bodies?)
Set up by government on behalf of the monarch usually on ad-hoc basis
109
What are the Royal commission made up of? (Eight marker - What are the main reform bodies?)
MPs and Lords
110
What did the Royal commission do? what are they now? (Eight marker - What are the main reform bodies?)
Research key areas given to them - They are rare to see
111
Who doesn’t have a duty to listen to the RC?  (Eight marker - What are the main reform bodies?)
Parliament
112
Give an example of a Royal commission?
Defence of the United Kingdom
113
What is a public inquiry chaired by?
By a judge
114
What does public enquiries do?
Independent reviews with problems and societal issues
115
What are the three examples of public enquiries?
LJ MacPherson- shows police standards following Stephen Lawrence
LJ Leverson - Press standards
LJ lambing - child protection
116
What are the advantages and Disadvantages of current system ? quote from Lord Darling?
(Access to justice)
Lord Darling said - the law courts of England are open to all men like the doors to the Ritz Hotel
Positives - Conditional Fees agreement to Bridge gap
Criminal cases take priority on funding
Arguably money is better spent elsewhere
Negatives - Not enough legal providers have contracts
rate of pay for solicitors are low
Legal aid agencies are giving out small amounts
117
What other issues with a criminal legal aid ?
Application of ‘interests of justice’ test
Level of income allowed is low
Must be a real risk of imprisonment 
People fear lack knowledge or are intimidated by lawyers in court
118
What are the roles of a solicitor? 
represent and advise the client on areas of law
119
What do they do day to day ( solicitors) ? (Role)
Draft legal documentation and meet clients discussing issues over the phone or face
120
What do you solicitors attend?( roles )
Attend court advocacy in county magistrate
and take advocacy exam- can go higher in levels of advocacy
121
What do solicitors give will be attending court (role )
Give advice and research read law 
122
Where do solicitors work ?
Solicitors work in a solicitors firm and in partnership
123
What do you partners do within a partnership within a solicitors firm (role)
Take shares of profits
124
What do in-house solicitors work for?
For a business CPS
125
What do law centres work for (role of Solicitors) ?
work for pro bono - giving free legal advice
126
What do duty solicitors do?
Work with criminals and defence at police stations
127
What kind of course do duty Solicitors have (role of solicitors)
First course work on the phoneOr in person
128
What to do duty solicitors undertake more of ?
CDP - Extra training
129
What is the role of a criminal judge?
General manager case - familiarise themselves with case facts procedure fair 
District judge can replace the magistrates here summary offences
Can hear TEW but if not have the powers send to crown
Indictable hear all preliminary matters
Decide on bail and arrest search warrants
Can send appealed to crown on fact or Kings bench division on law
Decide on verdict and sentence - 12 months £5000
130
What does the crown do in the role of a criminal judge?
Lays out the case of for the jury and decide how to come to a decision and explain law 
Summarises evidence for jury and come can direct and accept on majority
Needs to swear in jury
at end of case need to carry out sentence - factors
Remind jury to consider evidence in court no share outsider
Appeals on fact so you’re unhappy with the sentencing
Further appealed if you need to authorise leave for appeals
131
Go through dismissal of judges
1. Constitutional reform act 2005 separate of parliament had to dismiss judge
guarantees security of tenure- seniors only 
Petition from both houses of Parliament 2/3 accepted by Monarch
X Uk 🇬🇧
Ireland 🇮🇪 ✅- misappropriated £500 “money LJ Barrington
LJ Harman - persuaded to resign because took 20 months to make decisions
LJ Briskscoe - guilty for perverting the course of justice
Inferior - law commission dismiss judge for incapacity or dishonest behaviour
LJ Coombe - Fell sleep on job
LJ Selwood - CP
LJ Price - Male prostitute
132
Go through judicial independence
Constitutional reform at separate judiciary from Parliamentary
- No political interference
(Q v SS of home) 🏠
(A of SS of hime )
Appointments - JAC appointments replace LC
Created SC
Security of tenure and immunity of suit
(Sirros V Moore )
Judiciary 👩🏿⚖️ ❌part of gov
No political bias- Pinochet
JSB carried out training
Pays judge a separate independent group
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What are the alternative business structure overseen by?
Solicitors regulation authority SRA-
National companies are able to operate solicitor firms operate in one area to avoid mass conflict
