Law ocr Legal System case studies/ Laws

Criminal Courts/Lay people - Appeal : C-v-DPP

Facts: involved child D of 13. Presumption of innocence for child between 10-13. prosecution has to prove child knew it was wrong if so child can be prosecuted.

Civil Courts/ ADR - Civil case : Donoghue-v-Stevenson(1932)

Facts: Mrs Donoghues friend bought her a ginger beer which she drank most of until she poured out the remaining the decomposed remains of a snail floated out causing her alleged shoch + severe gastro - enteritis

Outcome: Stevenson was held liable as manufacturers owe a duty of care to consumers. Lord Atkin introduced the neighbour principle

important quote: “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour“

Employment Tribunals - Employment Tribunals Act 1996

What is it: establishes employment tribunals and rules and sets out type of cases tribunals can hear

5 Aims of Sentencing - S142 Criminal Justice Act

when sentencing an offender courts must regard 5 purposes:

1 - TO PUNISH/ RETRIBUTION :

Offender deserves to be punished for their wrongdoing. judge will pass sentence in proportion to offence looking back at “eye for an eye“

2 - REDUCTION OF CRIME / DETERRENCE

Discourage the person from reoffending. this is done by giving an offendera severe penalty. hope society realise offence and not commit it

3 - REFORM AND REHABILITATION :

Aim to change offenders behaviour to stop them from commiting the crime again. help make them a law abiding citizen. often by doing community service.

4 - PROTECTION OF PUBLIC :

Aim to keep dangerous offenders away from society. this can include prison sentences or restraining orders. eg giving a dangerous driver a riving ban.

5 - REPARATION :

Aims to make amends to victim or community like compensation or community work

Custodial Sentences - S152 Criminal Justice Act 2003

Can only be given if offence is really serious. eg can be Prison. there are 6 type of sentence

1 - MANDATORY LIFE SENTENCE

• Required by law for certain offences, such as murder.

• The judge must impose a life sentence, but they will set a minimum term

2 - DISCRETIONARY LIFE SENTENCE

• Used for very serious offences (rape, manslaughter).

• The judge may impose a life sentence, depending on the seriousness of the offence and risk to the public.

3 - EXTENDED SENTENCE

• Given when the offender is considered dangerous and poses a continuing risk to the public.

4 - FIXED TERM SENTENCE

• A sentence for a set number of months or years.

• The offender is usually released halfway through the sentence on licence, unless the court specifies otherwise.

5 - INDETERMINATE SENTENCE

No release date but minimum time must be served in prison

6 - SUSPENDED SENTENCE

• The offender does not go to prison immediately.

• The sentence is “suspended” for up to 2 years (in the magistrates’ court, up to 6 months per offence).

• If they commit another offence or break the terms, they can be sent to prison to serve the original sentence plus any new one.

Juries Act 1974

Juries act governs :

• who can serve on jury

  • aged 18 to 75

  • registered on the electoral register

  • lived in the UK for at least 5 years since 13

• how they’re selected

• disqualifications

  • have serious conviction (5+ yr in prison)

  • currently on bail

  • have mental health condition

Bushells Case (1670)

Facts :

two quakers were on trial where the jury found them not guilty but the judge disagreed and refused to accept it. the judge locked up the jurors without food or water until they changed their minds. Bushells didnt change his verdict and challenged imprisonment

Outcome :

court was in Bushells favour where it was said judges cannot interfere with or punish jurors for their decision.

The Legal Aid Sentencing and Punishment of Offenders Act 2012

LASPO Act 2012 looks at

• ACCESS TO LEGAL AID

  • Asylum

  • Mental Health

  • Domestic abuse

  • Childrens right

  • Debt and housing

• what was removed

  • private family law

  • welfare benefits cases

  • employment disputes

  • clinical negligence

• SENTENCING

• PUNISHMENT OF OFFENDERS

S3 Constitutional Reform Act 2009

What it states :

• All ministers of the Crown must respect and uphold the independence of judges.

• They must not seek to influence judicial decisions through any special access or pressure.

• The Lord Chancellor has a special duty to defend judicial independence.

Immunity from suits (being sued) - Sirros-v-Moore (1975)

Facts :

• A judge ordered the detention of a man (Sirros) who was in court.

• The judge made a mistake in law he had no legal power to detain him in that situation.

• Sirros sued the judge and a police officer (Moore) for false imprisonment.

Outcome :

• The Court of Appeal ruled that the judge was immune from being sued.

• As long as the judge was acting in good faith and within the scope of their judicial duties, they are protected — even if they make legal errors.

Independence from case - Re Pinochet (1999)

Facts :

• Former Chilean dictator General Augusto Pinochet was arrested in the UK.

• Spain requested his extradition to face charges of torture and human rights abuses.

• The House of Lords initially ruled that he could be extradited.

it was then discovered that one of the Law Lords, Lord Hoffmann, was involved with Amnesty International, which was an intervening party in the case.

Outcome :

• The ruling was overturned due to apparent bias.

• A new panel of judges reheard the case.

• It was held that justice must not only be done, but must be seen to be done.