law

• County Court jurisdiction


  Hears, for example; contract, tort, recovery of land to any value; partnerships, trusts, and inheritance up to £30,000; divorce and bankruptcy matters and Small Claims, Fast Track and some Multi Track cases.
• High Court jurisdiction


  Kings's Bench Division (KBD) - Contract and tort matters including personal injury, negligence, breach of contract, defamation, non-payment of a debt, possession of land or property. Hears applications for judicial review. The KBD also includes the Commercial Court, Admiralty Court, Circuit Commercial Courts and the Technology and Construction Court. Chancery Division - Hears claims relating to, for example, business and property related disputes, competition, intellectual property claims, insolvency and probate claims. Family Division - Deals with family matters, for example; matrimonial matters, Children Act 1989 cases, cases under the Child Abduction and Custody Act 1985, Court of Protection work and other family matters under the Family Law Act 1996.
• Pre-trial procedures


  Claimant may be advised to use the Ministry of Justice's 'Money Claim Online'. The appropriate pre-action protocol must be followed. Claimant completes an N1 form setting out all the particulars of their case plus an allocation questionnaire. A track will be allocated
• The three tracks


  • Small claims - Any claim of not more than £10,000 or up to £1,500 for all personal injury claims other than road traffic accidents. Fast Track - Cases between £10,000 to £25,000 (>£1,500 for personal injury other than road traffic accidents). Multi-track - Cases of over £25,000 (or less if case involves complex law)
• Appeals and appellate courts

  Reasons for appeal include: there was an error of law, there was an error of fact, there was procedural unfairness. First appeal from the three track tracks - Small claims appeal, Fast track appeal, Multi-track appeal. High Court Appeals - Appeal made to the Court of Appeal (Civil Division). In exceptional circumstances, there may be a 'Leapfrog' appeal direct to the United Kingdom Supreme Court (UKSC). Further Appeal from the Court of Appeal (Civil Division) - Only available if the UKSC gives permission and the matter is of national importance.
• Employment Tribunals


  Role includes: To function as an independent tribunal, To resolve disputes between employer and employee, To Hear disputes between employees and employers where the employee thinks they have been treated unlawfully, for example in cases of: unfair dismissal, discrimination, unfair deductions from pay, breach of contract. Employment tribunals decisions include: compensation, reinstatement of employee
• Types of ADR


  • Negotiation, Mediation, Conciliation, Arbitration
• Negotiation


  Where the two parties resolve their dispute without referring to third party assistance or submitting to alternative adjudication. May be informal or formal.
• Mediation


  Uses a neutral 3rd party (the mediator) who facilitates discussion between the parties. The mediator does not give their own opinions (unless asked) leaving the parties in control. The decision is not legally binding.
• Conciliation


  Similar to mediation but the neutral third party (the conciliator) plays an active role in assisting parties to resolve their dispute. The conciliator will make suggestions, such as areas for compromise and a possible basis for settlement. The decision is not legally binding.
• Arbitration


  The voluntary submission of the parties to the dispute being dealt with by an independent 3rd party - the Arbitrator, chosen by the parties. The 3rd party will make a binding decision called an 'award'. The decision is legally binding (Arbitration Act 1996) and can only be appealed against in exceptional circumstances.
• Jurisdiction of the Magistrates' Court and Crown Court including classification of offences and pre-trial procedure
• Magistrates' Court jurisdiction


  Hears summary offences, some triable either-way offences and the first hearing of indictable offences. The court has the power to sentence an offender to a maximum of 6 months imprisonment (for one offence) and/or up to £5000 fine. Also deals with ancillary matters including the grant of bail, legal aid and the grant of search/arrest warrants and extension to custody times.
• Crown Court jurisdiction


  Hears triable either-way and indictable offences. The court has unlimited sentencing powers (subject to statutory guidelines). It has jurisdiction to hear appeals from the Magistrates' Court.
• Classification of offences


  • Summary offences - Less serious offences dealt with in the Magistrates' Court. Triable either-way offences - Mid-ranging offences dealt with in the Magistrates' or Crown Court. Indictable offences - Most serious offences dealt with in the Crown Court.

  
• Pre-trial procedure


  Summary offences - Matters usually dealt with at the first hearing. Defendants will be asked whether they plead guilty or not guilty. Triable either-way offences - Pre-trial procedures include a plea before venue and mode of trial following a not guilty plea. Indictable offences - Pre-trial procedure includes an Early Administrative Hearing at the Magistrates' Court. The case is sent to the Crown Court for trial and/or sentencing. Plea and Trial Preparation hearing to take place as soon as possible. Prosecution and Defence disclosure.
• Appeals and appellate courts

  Appeals from the Magistrates' Court - Defence can appeal, as of right, against conviction and/or sentence. Case completely reheard by judge and two magistrates. Case stated appeal to the Queen's Bench Divisional Court - Defence may appeal against conviction on a point of law. Prosecution may appeal against acquittal on a point of law. Appeals from the Crown Court to the Court of Appeal (Criminal Division) - Defendant may appeal against conviction and/or sentence on grounds that the conviction is unsafe. Prosecution may ask the Attorney General to seek leave to appeal in respect of an unduly lenient sentence. Appeal to the UKSC - Leave to appeal required from either the Court of Appeal or the Supreme Court. Appeal must involve a point of law of public importance.
• Aims of sentencing


  • The punishment of offenders, The reduction of crime (including its reduction by deterrence), The reform and rehabilitation of offenders, The protection of the public, The making of reparation by offenders
• Aggravating factors


  • Offender has previous convictions, Offence committed whilst on bail, Offender is operating as part of a gang, Offender has deliberately targeted a vulnerable victim, Offence was motivated by, or demonstrating hostility towards, a person who falls within one or more of the protected characteristics
• Mitigating factors


  • Genuine remorse, Playing a minor part, First time offence, Co-operation and admission of guilt at the earliest opportunity
• Adult custodial sentences


  • Set out in s230 Sentencing Act
• Aims of sentencing


  • the punishment of offenders
  • the reduction of crime (including its reduction by deterrence)
  • the reform and rehabilitation of offenders
  • the protection of the public
  • the making of reparation by offenders
• Aggravating factors


  • offender has previous convictions
  • offence committed whilst on bail
  • offender is operating as part of a gang
  • offender has deliberately targeted a vulnerable victim
  • when the offence was committed it was motivated by, or demonstrating hostility towards, a person who falls within one or more of the protected characteristics
• Mitigating factors


  • genuine remorse
  • playing a minor part
  • first time offence
  • co-operation and admission of guilt at the earliest opportunity
• Adult custodial sentences


  • mandatory life sentence
  • discretionary life sentence
  • extended determinate sentence
  • minimum sentence for dealing in Class A drugs or a third burglary of a residential building
  • suspended sentence
  • fixed-term sentence
• Non-custodial adult sentences


  • Community Order (with requirements such as unpaid work, curfew, electronic monitoring, exclusion, drug rehabilitation, alcohol treatment, supervision, residence)
  • Fines
  • Discharges
  • Driving bans
• Lay Magistrates


  Aged between 18-74, live/work in or reasonably close to the area, prepared to sit at least 26 half days per year
• Selection of Lay Magistrates

  Application to LAC, LAC reviews applications and selects, candidates undertake two interviews
• Appointment of Lay Magistrates

  LAC recommends suitable candidates to Lord Chief Justice who designates the role to Senior Presiding Judge, candidates sworn in at local court
• Role of Lay Magistrates

  • Deal with approximately 95% of all criminal matters including all summary matters from start to finish, some triable either-way matters, first hearing of indictable cases, preliminary matters including EAH, specially nominated and trained magistrates in Youth Court
• Jury Qualifications


  Aged between 18 and 75, registered as a parliamentary or local government elector, resident in the UK for at least five years since age of 13
• Jury Disqualifications


  • Disqualified for life if imprisoned for life, detained during Her Majesty's Pleasure or had a sentence of imprisonment of 5 years or more, disqualified for 10 years if served a custodial sentence of less than 5 years, a suspended sentence or been given a community order, disqualified whilst on bail
• Jury Selection


  Names selected randomly from electoral register, 15 randomly chosen at court from jury pool, 12 chosen at random in court by clerk, checks and challenges undertaken
• Role of Juries


  • Listens to evidence and judge's summing up, retires to discuss case in secret, decides if defendant is guilty or not guilty based on facts, unanimous decision preferred but majority decision may be allowed, no reason for decision required
• Describe/Explain [8 AO1 marks]

  • Describe the role of solicitors and barristers
  • Explain the roles of barristers and legal executives
  • Explain how solicitors, barristers and legal executives are regulated
  • Explain the role of judges in civil trials
  • Explain the role of judges in criminal trials
  • Explain the role of judges in the superior courts
  • Explain the role of judges in the inferior courts
  • Describe the concept of separation of powers and independence of the judiciary

  
• Discuss [12 AO3 marks]

  • Discuss the benefits of an independent judiciary
• Actus Reus (AR)


  The physical element of the crime, it must be a voluntary act
• Types of AR


  • Conduct crimes
  • Consequence crimes
  • State of affairs
• Failure to act (omission) will not normally be considered as a guilty act
• Exceptions where omission can be AR

  • Statutory duty to act
  • Fails to minimise the consequences
  • Contractual duty
  • Duty due to a relationship
  • Due to a voluntary assumption
  • Through an official position