Lawology

 Jurors and Juries This week's blog will uncover the qualifications needed to be considered for jury service, the selection process and the role of a jury in a criminal case! Juries have been used in the English Legal System for over 1,000 years and are famous for their independence. The most common use of juries today is in the Crown Court where they decide if the Defendant is guilty or not guilty. A jury in the Crown Court has 12 members (jurors). Qualifications for being a juror Juries Act 1974 You must be... Between 18 and 75 Registered on the electoral role Have lived in the UK for at least five years from the age of 13 Disqualified from Jury Service Permanently: - imprisonment, detention or custody for life - detention during Her Majesty's pleasure (21 or under for serious offences) - imprisonment  or detention for public protection - a term of imprisonment or detention for more than 5 years For ten years: - served a sentence of imprisonment - had a suspended or communit...

 Lay Magistrates This week's blog is about the roles of lay magistrates, the qualifications needed and the selection and appointment of lay magistrates!! There are about 17,500 lay magistrates sitting as unpaid, part time judges, AKA Justices of the Peace. They usually sit as a bench of three to decide cases. They are volunteers who are only paid expenses. The magistrates' clerk (legal adviser) guides the magistrates on questions of law and procedure. The clerk should not assist in the decision-making process. Qualifications Magistrates require no special qualifications. But there are no requirements to do with... Personal qualities Area Commitment Restrictions on appointment Personal qualities Good character  To have understanding and communication Social awareness To be mature and of sound temperament  To be of sound judgement  To have commitment and reliability  Age - must be between 18 and 65 (statistics from 2016 show that only 4% of Magistrates are under 4...

 Appeals & Appellate Court Welcome back! This blog is going to based around the appeals system for criminal offences! Three types of appeal: Appeal against conviction, sentence and on a point of law Conviction - where the evidence is in question or new evidence has arisen Sentence - where it is thought that the sentence is too strict or to lenient Point of Law (case stated appeal) - where it is thought that the law has been interpreted/explained wrongly Appeals from the Magistrates' Court Appeal about sentence or against conviction (only available to the defence) > Goes to the Crown Court Against conviction (but only if the D pleaded not guilty): A Crown Court judge will rehear the case with two Magistrates. They can: come to the same decision OR reverse the decision. Against sentence: A Crown Court judge can impose a more lenient or harsher sentence, but only to the maximum sentence available to the Magistrates. Appeal on a point of Law (case stated and can be used by prose...

 Sentencing This next blog is going to be all about sentencing; the aims of sentencing, types of sentences and the factors the court consider in sentencing. I hope you find it informative! Aims of sentencing S.142 Criminal Justice Act 2003 states clearly that a Magistrate or Judge should have the following in mind when sentencing: Retribution (punishment): punishment inflicted on someone as vengeance for a wrong or criminal act. Deterrence: prevents others from committing the crime (individual = deter a criminal from reoffending for fear of future punishment, general = sends a message to society of the consequences on breaking the law. Reform/Rehabilitation: make changes in something, especially an institution or practise, in order to improve it or the action of restoring someone to health or normal life through training and therapy after imprisonment,  addiction, or illness. Prevention (protection of the public): the action of stopping something from happening ...

 Classification of criminal offences & pre-trial procedure Welcome to the second blog! This blog is going to an introduction into the English Legal System, specifically the classification of criminal offences and pre-trial procedures. I hope you enjoy and find the most relevant information for your studies! Classification of criminal offences Summary offences (the least serious offences) - these are only tried (passed judgement on) in the Magistrates' Court. The Magistrates' Court only have the jurisdiction (power) to pass an imprisonment sentence of up to 6 months.  Examples of summary offences are common assault, criminal damage which has caused less than £5,000 in damage and shoplifting where the value of goods is less than £200. Triable-either way offences - these are tried at either the Magistrates' Court or the Crown Court (more information on this procedure later).  Examples of triable-either way offences are theft (max. sentence of 14 years) and assault caus...