IFP0650 Revision Lecture

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).