Loading presentation...

Present Remotely

Send the link below via email or IM

Copy

Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.

DeleteCancel

Aspects of the Legal System Unit 22 - P2-M1-D1

No description
by

John Desmond

on 7 March 2013

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Aspects of the Legal System Unit 22 - P2-M1-D1

You MUST cover all the points in the tick-as-you-go box in order to be signed off on this task.





BE CAREFUL THAT THE INTERNET SOURCES YOU USE ARE UK BASED
DO NOT COPY STRAIGHT FROM THE BOOK
IF YOU QUOTE, GIVE THE SOURCE Absolute discharge
Conditional discharge
Community sentence
Fines of up to £ 5,000.00
A Prison sentence of up to 6 months Sentencing options
Magistrates Court All Criminal Cases start in the Magistrate’s Court
98 % of cases dealt with in a Magistrate’s Court
Serious crimes sent to the Crown Court
Main cases are
Driving offences
Drug / alcohol related offences
Anti Social Behaviour offences
Less serious assaults
Breach of the Peace Powers of a Magistrate District Judges – Magistrates Court
Full Time / Paid / more complex cases
District Judges – Civil Courts
Family / Property / Bankcrupcy
Full Time / Paid
Circuit Judges – Crown Courts / Criminal Law
- County Courts / Civil Law

High Court Judges – Try serious criminal cases JUDGES The Jury decides if the accused is innocent or guilty
The Judge decides on the sentence to give
The Judge can also direct the jury on a point of law
The Judge manages the court
The Judge Summarise the case to the Jury JUDGES Criminal Law is “The Queen (R.) v. .............”

The CPS prosecute on behalf of the Crown

Independent body of lawyers
Advise the Police during an investigation
Decide on what charge to bring
Review cases brought by the Police for prosecution PROSCUTORS
Crown Prosecution Service (CPS) L/O Describe (P) compare (M) and analyse the roles of key personnel in the Criminal Justice system.

Complete the Solicitors and Barristers section of Criminal Law part of P1.
You have the rest of this hour.

An opportunity to complete the tasks set in class time rather than your own time Independent Learning Skills required to become a
Solicitor or Barrister Advocates in court – speak on behalf of a client in a Crown Court or Appeal Court

Self employed but share offices “Chambers”

Take instructions from solicitors

Do not deal directly with the public

Law Degree – Bar Course – Pupillage /Apprenticeship Barrister Start with a LAW degree (though a degree conversion is available)
Legal Practice Course + 2 years apprenticeship in an established legal practice

Law Society governs the profession

Can be “struck off”

Appear in Magistrates Courts
Can also appear in a Crown Court as an advocate Solicitors Deal directly with the Public

The first point of contact by an individual when dealing with the Law
Accident claims
Conveyancing & Contracts
Wills
Divorce & family matters
Pre-trial work
Representation in court SOLICITORS
THE LEGAL PROFESSION Follow The Brief! The P is a straightforward descriptive task but you must include detail of work, training, regulation & role of the personnel.

For the M you need to make a comparison between the roles played by paid personnel of the courts and lay (unpaid) personnel. Some of the roles are similar (Judges and Magistrates) but you must highlight these and the differences explicitly.
 
 For D, Lay down an argument of the positive and negative aspects of using lay (unpaid) personnel in the court system and use this argument to form a judgement of your own as to whether you agree that lay people should play a part in the court process. You should find some key arguments if you research them online.



FOLLOW THE BRIEF. P1: Outline the hierarchies of the civil and criminal courts in England and Wales L/O Describe (P) compare (M) and analyse (D) the roles of key personnel in the Criminal Justice system.

Complete the remainder of P1

For the M you need to make a comparison between the roles played by paid personnel of the courts and lay (unpaid) personnel. Some of the roles are similar (Judges and Magistrates) but you must highlight these and the differences explicitly.
 
 For D, Lay down an argument of the positive and negative aspects of using lay (unpaid) personnel in the court system and use this argument to form a judgement of your own as to whether you agree that lay people should play a part in the court process. You should find some key arguments if you research them online.
An opportunity to complete the tasks set in class time rather than your own time Independent Learning Remand in custody while awaiting trial
Deciding if to give or not give bail
Setting Bail conditions

Trial – hear the evidence from prosecution and defence
Decide if guilty or innocent Powers of the Magistrate Appointed by the Queen
Previous experience gained as a Barrister

Judicial Immunity – cannot be sued or prosecuted for their decisions

Difficult to dismiss a judge once appointed
Need a vote in both Houses of Parliament
Last done in 1830 Judges Administrators and support staff for Solicitors and Barristers
Para Legal staff Part qualified
Work for companies, local authorities and solicitors LEGAL EXECUTIVES 1.The evidence test :
Is there sufficient evidence to gain a conviction?

2. The Public Interest Case
Is it worthwhile to bring a case ? CODE OF PRACTICE
Crown Prosecution Service Juniors
less experienced cases
Do the leg work for bigger cases
Queen’s Council
Senior position
10 yrs experience
Take on complicated cases Barristers Aspects of the legal system and the law making process

L/O Describe (P) compare (M) and analyse (D) the roles of key personnel in the Criminal Justice system. Juries Lay Magistrates – unpaid / voluntary
Magistrates Courts
Three magistrates sit on the Bench
“JPs - Justices of the Peace
Local people bringing justice and order to their community
Must commit to 26 half days per year
Aged 18 – 65 - need to be of good character MAGISTRATES https://www.nuffieldmentoring.org/knowledge-bank/law-and-politics/careers-and-courses/barrister-paras-gorasia
Full transcript