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Jamie Hogg

on 9 May 2015

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Transcript of Law

By Jamie Hogg
Why have laws?
To keep public order
To protect individual freedoms
To regulate relationships
To set standards
To provide solutions for legal problems

Criminal Law
Criminal Law governs behaviour that the state would want to punish. It aims to maintain law and order, protect society and punish offenders.
What is law?
The Law is a set of r____ that are recognized by the S____ (country) and enforced by the c____. Everyone in the country is expected to f_____ these laws.

Common Assault
Elements of Crime
For an indivdual to be guilty of a criminal offence, two elements of crime must be present.

Actus reus (guilty act)
Mens rea (guilty mind)
Non-fatal offences
There are four main types of assaults.

Common Assault
Assault Occasioning Actual Bodily Harm
Grievous Bodily Harm
Wounding with Intent
Section 39 Criminal Justice Act 1988

Maximum sentence is 6 months imprisonment or £5000 fine, or both.
Technical Assault
Actus reus:
An act that causes another person to apprehend the use of immediate violence against them.

Mens rea:
Intention or recklessness as to whether another person may apprehend this.
Actus reus:
The application of unlawful force against another person.

Mens rea:
Intention or recklessness as to whther unlawful force will be applied.
Assault Occasioning Actual Bodily Harm
Section 47 Offences Against the Person Act 1861

Maximum sentence is 5 years imprisonment
Assault Occasioning Actual Bodily Harm
An ABH is any assault or battery that causes 'any injury that interferes with the health or comfort' of the victim.
Grievous Bodily Harm
Section 20 Offences Against the Person Act 1861

Maximum sentence is 5 years imprisonment
Grievous Bodily Harm
Actus reus: Causing either a wound (JCC v Eisenhower 1983) or GBH (R v Saunders 1985)

Mens rea: Intention or recklessness as to whether
harm will be caused (R v Parmenter 1991)
Wounding with Intent
Section 18 Offences Against the Person Act 1861

Maximum sentence is life imprisonment
Wounding with Intent
Actus reus: The same as for a section 20 assault

Mens rea: Intention to cause the wound or serious harm
Criminal Trial Process
A person will either be:

Summoned to court - a document is sent to the defendant telling them they must go to court.

Arrested and charged - for more serious offences a person will be arrested by the police.
Charging the defendant
The CPS will use the Code for Crown Prosecutors to decide whether to charge or not.

Evidential Test
Public Interest Test
In the police station
Speak to a Duty Solicitor

Magistrates Court
If the defendant pleads guilty:

CPS summary
Defendant is asked about the facts
Past record, Financial situation, pre-sentence reports
Mitigation speech
Magistrates Court
If the defendant pleads not guilty:

CPS summary
CPS calls witnesses, cross-examination
Defence calls witnesses, cross-examination
Defence closing speech
Magistrates retire
Mitigation speech, pre-sentence reports

Crown Court
Indictment read out by Court Clerk
If the defendant pleads guilty, the judge will sentence in the same way as in the Magistrates Court.
If the defendant pleads not guilty, a trial will take place with a jury.
There are 5 main aims of sentencing criminals
Retribution (punishment)
Deterrence (putting off)
Rehabilitation (reform)
Incapacitation (protection of society)
Reparation (pay back)
There are also four types of sentences

Community orders
Custodial (Prison) Sentences
For people over 21
Guidelines given by Sentencing Guidelines Council
Only murder is not discretionary
Can be suspended
Community Orders
May require the convicted person to:

Do unpaid work (up to 300 hours)
Follow a curfew (6am - 6pm)
Live at a certain place
Drug/Alcohol Rehab
Mental health treatment
Up to £5000 in Magsitrates' Court
Unlimited in the Crown Court
Used for first time offenders where it is believed they will not commit further offences

Conditional Discharge
Absolute Discharge
Civil Trial Process
Allows private individuals to resolve legal disputes

Encouraged to try to resolve these issues without using a solicitor or going to court
Starting a Claim
County Court/High Court

Claimant fills in N1 form and pays a court fee.

Defndant accepts liabilty and pays compensation or replys to the court within 14 days.
Track System
3 possible tracks:

Small Claims
Small Claims
County Court - under £10000
Quick and cheap
Encouraged not to use lawyers
Help from Citizens Adive Bureaux
District Judge
County Court - £10000 - £25000
Quick and relatively cheap
Strict time limits
Within 30 weeks of claim
Circuit Judge
One day hearing with limited witnesses

Started and Heard in either court
Over £25000
Sent to the High Court if complicated or claim is over £50000
Judge manages and timetables trial
County Court - Circuit Judge
High Court - High Court Judge
If the claimant wins the judge will awad them a remedy. There are 2 main types:

Financial compensation

e.g if a tenant has not been paying rent, the damages will be any missed rent.
Prevents someone from doing something or insists that they do something.

e.g. not to play loud music at night
Small claims
and County Court - Circuit Judge
Fast-Track - District Judge

Fast-Track - Circuit Judge High Court

Multi-Track Court of Appeal (Civil Division)

Appeals to Appellate Courts
Leave of court
Supreme Court for points of general public importance.
Leapfrog Appeal
Court of Appeal has bound itself by a previous binding precedent
Case involves interpreting the words of an Act of Parliament.
Alternative Dispute Resolution
Aim to resolve a legal dispute without using a court

4 types of ADR:

Parties sort out legal problem themselves
Sometimes pay lawyers to negotiate for them
Aim to reach an out-of-court settlement
A mediator is used
Help the parties find a compromise
Will not give their view but can be asked for an opinion on any options considered

Similar to mediaion
Conciliator will play a much more active role
Suggests possible settlements
Scott v Avery (1855)
Arbitration clauses - Scott & Avery clauses
Resolved in court-like environment
Agreement is made before a dispute happens
Accept settlement made by a 3rd party
Arbitrator is often expert in law
Decision of arbitrator is binding in law
No appeal unless issue of unfairness
Advantages of Negotiation
Quicker, more convenient, more informal, and cheaper
Flexibility in settlement increasing chances of continued business between parties
Disadvantages of Negotiation
Imbalance of power - pressure to accept an unfair settlement
May not agree increasing length of process
No expertise about the law - may not consider important legal issue
Advantages of Mediation
Quicker, more convenient, less formal, more private, and cheaper than court
Less adversarial - maintain business/personal links
Mediators are trained and are often experts in the area of dispute.
Disadvantages of Mediation
Party intimidated by mediator
Does not always work - adds to time and cost
Not always legal experts - settlement not necessarily legally binding
Advantages of Concilation
Same as for mediation with the added advantage of being able to suggest terms and advise on offers made by the other party
Disadvantages of Conciliation
Same as for mediation
Advantages of Arbitration
Parties free to decide who will make the decision and process used
Time and place decided by parties
Private, cheaper, and quicker than court
Decision made by industry expert
Disadvantages of Arbitration
Legal aid not available, therefore big businesses at advantage against an individual
Not always cheap
No right to appeal against the decision of the arbitrator
Legal Funding
Most people will find that they will struggle to pay for legal advice and the cost of a court case. There are other means of covering the cost:

Public funding (Legal Aid)
Private funding
There are many charities that will help individuals with legal disputes
Citizen's Advice Bureaux
Can be found in most towns
Provide legal advice on many issues
Trained volunteers - not legally qualified
Regular visits from a lawyer to provide legal aid work
Other charities that provide legal advice include 'Help the Aged' and 'Shelter'
Law Centres
About 56 in England and Wales
Employ lawyers
Funded by government grants and charities
Help poorer areas deal with legal issues
Housing, benefits, work problems, discrimination
Most of these issues are not covered by legal aid
Community Legal Service website
Part of the legal aid scheme
Wide range of advice on legal issues
Public Funding (Legal Aid)
Community Legal Service - help funded by the government for people who cannot afford to pay for legal serivces and court cases
Legal help and legal representation
Situations where individuals are in danger of losing their homes or family matters
Does not include personal injury claims
Realistic chance of succeeding
Damages greater than court costs
Private Funding
Able to pay the court costs themselves
Can still privately fund their case through:

Conditional Fees (no win no fee)
Conditional Fees
Solicitor and client agree normal fee and success fee
Case lost - client pays nothing
After the event insurance to cover legal costs
Case won - client pays both fees but can claim their fees from the losing party
Court can refuse to allow client to claim fees back if they believe success fee is too high

Before the event insurance is relatively cheap due to low risk.
Drivers often insure themselves so that if they are involved in an incident, any legal fees are paid if the case goes to court.
Fills the unmet need for middle income families (too poor to afford full fees, too
rich for government schemes),
Risk is run by the solicitor/client (not by the taxpayer)
Up front insurance costs relatively affordable Availability of such arrangements now more widely understood
Solicitor likely to work hard to win the case for the client
Advantges of conditional fees
Court costs/barrister costs not covered by the arrangement
‘Success’ fee could be out of proportion to the risk run
What counts as a success? (full, reduced damages?),
Insurance premium may be unaffordable to poorest clients
Ethical questions about win-at-all-costs
solicitors etc.
Disadvantages of conditional fees
Full transcript