Podcast
Questions and Answers
Which of the following is NOT a power or duty of a Barrister?
Which of the following is NOT a power or duty of a Barrister?
The Police and Criminal Evidence Act 1984 (PACE) only outlines the powers of the Police in relation to arrest.
The Police and Criminal Evidence Act 1984 (PACE) only outlines the powers of the Police in relation to arrest.
False (B)
What are the three categories of crime that are not reported or recorded?
What are the three categories of crime that are not reported or recorded?
Undiscovered Crime, Unreported Crime, Unrecorded Crime
A ______ is a serious criminal offense that is typically heard in a higher court, such as the Crown Court.
A ______ is a serious criminal offense that is typically heard in a higher court, such as the Crown Court.
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Which type of offense can be heard in both the Magistrates' Court and the Crown Court?
Which type of offense can be heard in both the Magistrates' Court and the Crown Court?
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Match the type of offenses with the appropriate court where they are typically heard.
Match the type of offenses with the appropriate court where they are typically heard.
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In the Magistrates' Court, a jury decides the outcome of the case.
In the Magistrates' Court, a jury decides the outcome of the case.
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What is the role of Lay Magistrates in the legal system?
What is the role of Lay Magistrates in the legal system?
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What is the primary role of judges in civil cases?
What is the primary role of judges in civil cases?
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Judges in higher courts do not influence the decisions of lower courts.
Judges in higher courts do not influence the decisions of lower courts.
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What type of law is created from the decisions of higher courts?
What type of law is created from the decisions of higher courts?
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The __________ of England and Wales is the professional association that represents solicitors.
The __________ of England and Wales is the professional association that represents solicitors.
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Match the following roles with their primary responsibilities:
Match the following roles with their primary responsibilities:
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Which act do judges have regard to when making their decisions?
Which act do judges have regard to when making their decisions?
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Barristers generally speak directly to the judge or jury in higher courts.
Barristers generally speak directly to the judge or jury in higher courts.
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What is the primary purpose of solicitors in the legal system?
What is the primary purpose of solicitors in the legal system?
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Which branch of the UK government is responsible for making laws?
Which branch of the UK government is responsible for making laws?
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The Prime Minister is part of the Judicial branch of the UK government.
The Prime Minister is part of the Judicial branch of the UK government.
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Name the two types of courts mentioned in the UK Judiciary.
Name the two types of courts mentioned in the UK Judiciary.
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The main sources of UK Law include Primary Legislation, _____ Law, and EU Law.
The main sources of UK Law include Primary Legislation, _____ Law, and EU Law.
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Match the following branches of the UK government with their main functions:
Match the following branches of the UK government with their main functions:
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Which of the following is NOT a part of Parliament?
Which of the following is NOT a part of Parliament?
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EU Law was introduced to the UK when Parliament decided to join the EU.
EU Law was introduced to the UK when Parliament decided to join the EU.
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What is the main role of the Executive branch in the UK?
What is the main role of the Executive branch in the UK?
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What is the maximum sentence magistrates can impose for a single offence?
What is the maximum sentence magistrates can impose for a single offence?
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A defendant found not guilty is considered guilty in the eyes of the law.
A defendant found not guilty is considered guilty in the eyes of the law.
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What does a trial by jury consist of?
What does a trial by jury consist of?
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The judge will request a ______ verdict from the jury.
The judge will request a ______ verdict from the jury.
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Which of the following factors is NOT considered during sentencing?
Which of the following factors is NOT considered during sentencing?
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A hung jury can result in a re-trial.
A hung jury can result in a re-trial.
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What can a defendant do after sentencing if they are convicted?
What can a defendant do after sentencing if they are convicted?
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Match the following roles in the court with their descriptions:
Match the following roles in the court with their descriptions:
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Study Notes
IFP0650 Revision Lecture
- The lecture covered topics including Miscarriage of Justice, Common Law, The Judiciary, Solicitors and Barristers, The Police, Civil Law, The Jury, Criminal Law, and Criminal Statistics.
- The UK legal system is divided into three branches: Legislative, Executive, and Judicial.
- Legislative Branch: The main function is lawmaking, with Parliament having three parts: House of Commons, House of Lords, and the Crown.
- Executive Branch: Consists of the Government, civil service, and public bodies (including Prime Minister, Cabinet, other ministers, civil service, public bodies, and local government).
- Judicial Branch: Judges apply the law to resolve problems and disputes. The judiciary includes Courts, Tribunals, and Court Personnel.
- Specific Subsections of Courts include Civil Courts, Family Courts, and Criminal Courts.
- Criminal Law vs. Civil Law: Criminal law aims to enforce behaviour standards and rehabilitate, with outcomes including sentences (imprisonment, community service), and procedures like arrest by police, prosecution by CPS. Civil law aims to resolve disputes between individuals and compensate for loss or harm. The standard of proof differs dramatically, with criminal law demanding 'beyond reasonable doubt' while civil law requires 'on the balance of probability'.
- Sources of UK Law: Primary Legislation (Acts of Parliament), Case Law (judge-made laws), and EU Law (when the UK was part of the EU).
- The Constitution of the UK: The lecture outlines questions to consider, including where the constitution is located, its composition, how to find it, comparisons to other countries.
- Common Law is made up of decisions from higher courts that are then used by lower courts in similar cases. Judges clarify and interpret the law.
- The Role of a Judge: Judges supervise the trial, arbitrate legal issues, determine the outcome of civil cases and present legal arguments to juries in criminal cases.
- Judges and the Human Rights Act 1998: Judges have to consider the Act when making decisions.
- The Role of a Solicitor: Solicitors deal with clients directly, provide advice, help solve disputes, and prepare cases for court. Solicitors can either work in court or behind a barrister in a firm.
- The Role of a Barrister: Barristers represent clients in court and tribunals, providing advice in specific legal areas and are skilled advocates in higher courts; they draft documents and prepare appeals; and have special rights of audience
- The Police: The Police and Criminal Evidence Act 1984 (PACE) regulates police powers and duties, providing guidelines on activities like stop and search, arrest, detention, questioning, and treatment of persons. PACE acts as a sort of policy guideline.
- Crime Statistics: Crime reporting and recording only account for about 32% of all crime in the UK.
- Types of Offences: Offences are categorized as minor, either way, or indictable. Examples of crimes are assault, road traffic offences, criminal damage, theft, burglary, drug offenses, murder, manslaughter, rape, robbery, and aggravated burglary.
- Magistrates' Court: Lay magistrates or a District Judge hear summary offences and some either-way offences. Indictable offences are usually transferred to the Crown Court. No jury trial takes place in the Magistrates' Court.
- Magistrates' Sentencing can impose sentences of up to 6 months imprisonment and or a fine. Guilty defendants can be sentenced on factors like maturity, any learning difficulties or vulnerability, the seriousness of the crime and if the defendant has a prior record, or having pleaded guilty.
- Crown Court Sentencing: Sentencing depends on factors such as the type, seriousness, and circumstances of the crime. Consideration includes the defendant's age and maturity, and any learning difficulties or vulnerability of the defendant. The seriousness of the crime, if the defendant has a criminal record, and whether the defendant pleaded guilty or not guilty are among factors considered by a judge.
- Trial by Jury: Cases where a Defendant pleads not guilty in Crown Court have a trial date set by the judge. The decision-making panel is comprised of twelve members of the public who have been selected for jury service. Trial by jury is a historic part of UK law.
- Unanimous/Majority/Hung Juries: Judges may ask for a unanimous verdict (all jury members must agree), or a majority verdict (10-2 agreement). If no agreement, it is a hung jury and a re-trial may be issued. The Crown Prosecution Service oversees this if a hung jury occurs.
- Appeals After Sentencing: Defendants convicted of an offence can appeal their Conviction, Sentence, or both. A defendant who believes their case involved a miscarriage of justice applies to the Criminal Cases Review Commission (CCRC).
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Description
This lecture revises key aspects of the UK legal system, including the branches of government, the roles of judiciary and law enforcement, and distinctions between criminal and civil law. Engage with vital concepts such as the Miscarriage of Justice and the roles of solicitors, barristers, and juries.
