Aneesa Ahmed
Complete Legal System
OCR A Level Law
Contents:
- Criminal Courts and Lay people (2)
- Legal Personnel (9)
- Civil Courts (14)
- Access to Justice (19)
Page 1 of 22
,Aneesa Ahmed
Legal System Notes
8 Markers
Criminal Courts and Lay people
Procedure for triable either way offences:
- Plea before venue: D pleads guilty or not guilty
- Guilty: magistrates consider sentencing powers and decide if they have enough
jurisdiction to handle the case.
- If yes then determine sentencing 6 months for 1 or 12 months for two
- If they do not accept jurisdiction then case goes to the crown court
- Not Guilty: ‘mode of trial’ proceeding occurs- Mags determine if they can accept
jurisdiction of the trial (consider seriousness of the crime and powers of
punishment)
- Refuse jurisdiction- case goes to crown court
- Accept jurisdiction- D can choose to be tried by jury or not (may pick jury
because higher rate of acquittal)
5 aims of sentencing
- Under the s142 Criminal Justice Act 2003
- Punishment/Retribution: Offenders deserve to be punished for their
wrongdoing. Societies revenge based on proportionality e.g. eye for an eye. Judge
passes sentence which is is proportion to the offence. Tariff sentences are based
on the idea of proportionality
- Deterrence: reduction of crime in society. Reduce crime by deterring offenders
from committing the same crime again or similar crimes. Done by giving a severe
punishment to deter others in society from committing offences
- Rehabilitation/ reform: helping offenders to not commit offences again, usually
focussed on youth offenders or those who have issues with alcohol and drug
abuse. Helping to reform people
- Protect the public: protecting people from those who are a danger to society
e.g. giving a mandatory life sentence to someone who has committed murder to
protect society from more murders
- Reparation: ensuring the victim is satisfied to avoid further legal and social
issues. Usually, officers will ask offenders to grieve a sum of money to a victim as
compensation or give something back to the community. E.g. caught urinating in
the park so spend a portion of time in the park litter picking. May involve meeting
victims and apologising
Role of the Jury
- Juries act 1974
Page 2 of 22
,Aneesa Ahmed
- Listen to evidence given by P and D and listen to final speech
- Listen to explanations from the Judge
- Retire to the jury room to discuss outcome with other jurors
- Return verdict fo G or NG
- Can reach majority after 2 hours (11-1 or 10-2)
- Split function with the Judge (jury = facts , judge = law)
- Can make perverse decisions (R v Owen/ R v Blythe) —> jury equity
- Cannot look at outside information or share information about a case (R v Fraill/
R v Dallas)
- Must be independent (R v Bushell)/ Cannot be directed to convict (R v Wang)
- Must not be rushed (R v McKenna)
- Can order re-trial if cannot come to a decision
Qualification, selection and appointment of juries
- 18-75 age, electoral register, resident in UK for 5 years since 13 th bday
- Permanently disqualified: life imprisonment, prison for protection of the public,
sentence for more than 5 years, mental health issues
- Discharged: lack of capacity (death, blind, mute), physical disability, cannot
speak English
- Permanently excluded: full time member for armed forces (used to be lawyers
and police- abolished in CJA 2003)
- Excluded for 10 years for lesser sentences
- Discretionary excusal: booked holiday, ill, business commitments, armed
forces commitments
- On the day clerks will choose 12 out of 15 people to serve jury
- P and D can challenge appointment in 3 ways
1. For cause- individual
2. To the array- all of the jury
3. Stand by- no reason but can stand by juror if they think they are unfit
Evaluation of Juries
Advantages Disadvantages
- Juries Act 1974 1. Jury members lack legal qualifications.
1. The public have confidence in the jury Lay people make the decision rather than a
system - the right to be tried by one's legally qualified person. In some complex
peers. The jury is regarded as one of the cases jurors may have difficulty
fundamental indicators of a democratic understanding cases (48% understand
system verb instructions)
2. The jury is selected at random from 2. Twelve people in one room might be
the electoral role (s321 juries act)A considered too many to allow for
representative sample of local area will productive discussion
be selected. This promotes diversity
Page 3 of 22
, Aneesa Ahmed
amongst the jury (link: R v Kray and Kray 3. Jury trial is time consuming and costly to
) the state
- An advantage of using a jury is that the 4. The compulsory nature of jury service
selection process gives the ordinary makes it unpopular. To some it is an
person the opportunity to take part in inconvenience
the administration of justice and as 5. Difficult to know if the jury has been
such provides an open system of influenced by outside sources, for
justice. Justice is seen to be done example, different types of media and in
(ensures impartiality and fairness) particular the use of social media (Taylor
3. Jury equity is a major advantage of and Taylor, Fraill)
using juries. They are not bound by - Members of the jury could be bribed or
precedents or Acts of Parliament and intimidated (nobbling)
can instead base their decisions on 6. The jury does not need to give a reason
their own idea of fairness (link: R v for the decision reached making difficult
Owen, R v Blythe, R v Pointing) for the defendant to appeal and there is no
- As 12 random people with no way of knowing how the decision was
connection to the case are selected to reached (independence- Bushell)
sit they are likely to be impartial as they 7. Public confidence in juries may be lost
are not connected with anyone involved due to perverse decisions i.e., when a
in the case decision does not appear to be justified
4. Most members of the jury will have (Owen, Blythe)
no legal knowledge (lawyers still 8. Secrecy of jury decision making. There is
allowed in CJA 2003) so when the judge no way of knowing whether the decision
explains it it will help the D understand has been reached fairly or how the
their case and ensures transparent decision was reached (Young). Jury
judicial system suspicious of Ds interpreter but the case
5. secrecy of the room means that they didnt get an appeal cuz 'judge is not
can come up with decisions on their allowed to inquire' (Mirza)
own without pressure (Mckenna- no • Selection using the electoral register may
rush) result in an unrepresentative panel.
- independence of the jury (R v Bushell) - high acquittal rates means that the public
- split function (jury facts- judge law) may lose confidence
- racial bias (jokes in Sander v UK)
Classification of the offences
- 3 classifications
- Summary offences: least serious, only in magistrates court e.g. driving offence,
common assault, criminal damage less than £5000 and stealing less than £200
- Summary punishment dividing into 5 levels. Mags only sentence to 6 months
max for one offence
- Triable either way: middle range in CC or M depending on if the Mags accept
jurisdiction- determined on sentencing power and level of the crime
- Include theft over £200, assault occasioning ABH
Page 4 of 22
Complete Legal System
OCR A Level Law
Contents:
- Criminal Courts and Lay people (2)
- Legal Personnel (9)
- Civil Courts (14)
- Access to Justice (19)
Page 1 of 22
,Aneesa Ahmed
Legal System Notes
8 Markers
Criminal Courts and Lay people
Procedure for triable either way offences:
- Plea before venue: D pleads guilty or not guilty
- Guilty: magistrates consider sentencing powers and decide if they have enough
jurisdiction to handle the case.
- If yes then determine sentencing 6 months for 1 or 12 months for two
- If they do not accept jurisdiction then case goes to the crown court
- Not Guilty: ‘mode of trial’ proceeding occurs- Mags determine if they can accept
jurisdiction of the trial (consider seriousness of the crime and powers of
punishment)
- Refuse jurisdiction- case goes to crown court
- Accept jurisdiction- D can choose to be tried by jury or not (may pick jury
because higher rate of acquittal)
5 aims of sentencing
- Under the s142 Criminal Justice Act 2003
- Punishment/Retribution: Offenders deserve to be punished for their
wrongdoing. Societies revenge based on proportionality e.g. eye for an eye. Judge
passes sentence which is is proportion to the offence. Tariff sentences are based
on the idea of proportionality
- Deterrence: reduction of crime in society. Reduce crime by deterring offenders
from committing the same crime again or similar crimes. Done by giving a severe
punishment to deter others in society from committing offences
- Rehabilitation/ reform: helping offenders to not commit offences again, usually
focussed on youth offenders or those who have issues with alcohol and drug
abuse. Helping to reform people
- Protect the public: protecting people from those who are a danger to society
e.g. giving a mandatory life sentence to someone who has committed murder to
protect society from more murders
- Reparation: ensuring the victim is satisfied to avoid further legal and social
issues. Usually, officers will ask offenders to grieve a sum of money to a victim as
compensation or give something back to the community. E.g. caught urinating in
the park so spend a portion of time in the park litter picking. May involve meeting
victims and apologising
Role of the Jury
- Juries act 1974
Page 2 of 22
,Aneesa Ahmed
- Listen to evidence given by P and D and listen to final speech
- Listen to explanations from the Judge
- Retire to the jury room to discuss outcome with other jurors
- Return verdict fo G or NG
- Can reach majority after 2 hours (11-1 or 10-2)
- Split function with the Judge (jury = facts , judge = law)
- Can make perverse decisions (R v Owen/ R v Blythe) —> jury equity
- Cannot look at outside information or share information about a case (R v Fraill/
R v Dallas)
- Must be independent (R v Bushell)/ Cannot be directed to convict (R v Wang)
- Must not be rushed (R v McKenna)
- Can order re-trial if cannot come to a decision
Qualification, selection and appointment of juries
- 18-75 age, electoral register, resident in UK for 5 years since 13 th bday
- Permanently disqualified: life imprisonment, prison for protection of the public,
sentence for more than 5 years, mental health issues
- Discharged: lack of capacity (death, blind, mute), physical disability, cannot
speak English
- Permanently excluded: full time member for armed forces (used to be lawyers
and police- abolished in CJA 2003)
- Excluded for 10 years for lesser sentences
- Discretionary excusal: booked holiday, ill, business commitments, armed
forces commitments
- On the day clerks will choose 12 out of 15 people to serve jury
- P and D can challenge appointment in 3 ways
1. For cause- individual
2. To the array- all of the jury
3. Stand by- no reason but can stand by juror if they think they are unfit
Evaluation of Juries
Advantages Disadvantages
- Juries Act 1974 1. Jury members lack legal qualifications.
1. The public have confidence in the jury Lay people make the decision rather than a
system - the right to be tried by one's legally qualified person. In some complex
peers. The jury is regarded as one of the cases jurors may have difficulty
fundamental indicators of a democratic understanding cases (48% understand
system verb instructions)
2. The jury is selected at random from 2. Twelve people in one room might be
the electoral role (s321 juries act)A considered too many to allow for
representative sample of local area will productive discussion
be selected. This promotes diversity
Page 3 of 22
, Aneesa Ahmed
amongst the jury (link: R v Kray and Kray 3. Jury trial is time consuming and costly to
) the state
- An advantage of using a jury is that the 4. The compulsory nature of jury service
selection process gives the ordinary makes it unpopular. To some it is an
person the opportunity to take part in inconvenience
the administration of justice and as 5. Difficult to know if the jury has been
such provides an open system of influenced by outside sources, for
justice. Justice is seen to be done example, different types of media and in
(ensures impartiality and fairness) particular the use of social media (Taylor
3. Jury equity is a major advantage of and Taylor, Fraill)
using juries. They are not bound by - Members of the jury could be bribed or
precedents or Acts of Parliament and intimidated (nobbling)
can instead base their decisions on 6. The jury does not need to give a reason
their own idea of fairness (link: R v for the decision reached making difficult
Owen, R v Blythe, R v Pointing) for the defendant to appeal and there is no
- As 12 random people with no way of knowing how the decision was
connection to the case are selected to reached (independence- Bushell)
sit they are likely to be impartial as they 7. Public confidence in juries may be lost
are not connected with anyone involved due to perverse decisions i.e., when a
in the case decision does not appear to be justified
4. Most members of the jury will have (Owen, Blythe)
no legal knowledge (lawyers still 8. Secrecy of jury decision making. There is
allowed in CJA 2003) so when the judge no way of knowing whether the decision
explains it it will help the D understand has been reached fairly or how the
their case and ensures transparent decision was reached (Young). Jury
judicial system suspicious of Ds interpreter but the case
5. secrecy of the room means that they didnt get an appeal cuz 'judge is not
can come up with decisions on their allowed to inquire' (Mirza)
own without pressure (Mckenna- no • Selection using the electoral register may
rush) result in an unrepresentative panel.
- independence of the jury (R v Bushell) - high acquittal rates means that the public
- split function (jury facts- judge law) may lose confidence
- racial bias (jokes in Sander v UK)
Classification of the offences
- 3 classifications
- Summary offences: least serious, only in magistrates court e.g. driving offence,
common assault, criminal damage less than £5000 and stealing less than £200
- Summary punishment dividing into 5 levels. Mags only sentence to 6 months
max for one offence
- Triable either way: middle range in CC or M depending on if the Mags accept
jurisdiction- determined on sentencing power and level of the crime
- Include theft over £200, assault occasioning ABH
Page 4 of 22
