understanding MOJ

Question 1

types of MOJ (that we will be focusing on)

Answer 1

a. Avoid a conviction unjustifiably
b. convicted unjustifiably

Question 2

what are the different causes of MOJ

Answer 2

a. structural
b. individual: error
c. individual: deliberate malpractice

Question 3

what are the aims of the CJS?

Answer 3

to prevent, detect, prosecute and punish crimes

Question 4

due process elements

Answer 4

innocent until proven guilty
right to a fair trial
right to a lawyer
limits on police powers
rights to an appeal

Question 5

crime control elements

Answer 5

political and media rhetoric
restrictions on the right to silence
criminal justice act 2003
police, courts, sentencing and crime act 2022

Question 6

what changes did the CJA 2003 make?

Answer 6

• curtailment of jury trials
• changes to the evidential rule on hearsay, bad character, and previous convictions
• imposition of bail conditions before charging by the police

Question 7

what does s17 of the 1995 act do?

Answer 7

states that the CCRC has a wider power to obtain documents from public bodies

Question 8

under what section and act can the CCRC appeal to the COA and what is the requirement if they are to do this?

Answer 8

s13(1)
must be a real possibility that the conviction wouldn’t be upheld

Question 9

what does s113(1) CJA 1988 state?

Answer 9

that the sec of state shall pay for compensation for the MOJ to the person who has suffered

Question 10

what are the 6 types of MOJ?

Answer 10

1. deficient process
2. laws that are applied to them
3. no factual justification
4. treated adversely
5. rights of others aren’t effectively or proportionately protected
6. state law itself

Question 11

what is the turnbo warning?

Answer 11

things need to be laid out in detail