Legal System case and statutory law

s.51 Crime and Disorder Act 1998

sets out when a case shuld be sent to the Crown Court

s.57 Sentencing Act 2020

the aims or purposes of sentencing are set out in this section

Drug Rehabilitation Order

aims of sentencing - reform & rehabilitation. focused on the longer term looking at the potential of the offender to reform. e.g. this Order

Sentencing Act 2020

contains a detailed list of aggravating and mitigating factors in sentencing

s.230 Sentencing Act 2020

says that custodial sentences should be reserved for serious offences only - when the offence is so serious that neither a fine alone nor a community sentence can be justified

sch. 21 Sentencing Act 2020

a mandatory life sentence must be imposed for murder. the minimum term is based on starting points set out in this Schedule

sch. 9 Sentencing Act 2020

a community order involves imposing one or more “requiremnts” which the courts can “mix and match” as necessary, reflecting the seriousness of the offence and the offender’s needs. there are 13 possible requirements that which are set out in detail in this Schedule

Crime and Courts Act 2013

LAC (Local Advisory Committees) submit names of suitable candidates to the Senior Presiding Judge for England and Wales

Juries Act 1974 (as amended)

the present qualifications of juries are set out in this Act

Ponting

a jury can disagree with a particular law and apply their own idea of fairness as they do not need to give rasons for their decisions. such as in this case. 

Bushell’s Case

the jury is free from pressure in its discussion and can ignore the strict letter of the law. this important principle is demonstraded by this case

‘Colston Four’

disadvantages of juries - perverse decisions. such as the controversy surrounding the aquittal of…

Kronlid

disadvantages of juries - perverse decisions. contoversy surrounding this case. juries have the freedom to ignore the strict letter of the law if they believe the law is wrong

Mirza

disadvantages of juries - secrecy. involved allegations of juror misconduct

Young

disadvantages of juries - secrecy. ouija borad used. involved allegations of juror misconduct. 

Karakaya

disadvantages of juries - secrecy. internet search. involved allegations of juror misconduct

Taylor Sisters

disadvantages of juries - media influence

Twomey

disadvantages of juries - jury tampering

KS v R

disadvantages of juries - jury tampering

Sander

disadvanatges of juries - bias. in some cases there has been racial bias

Criminal Justice and Courts Act 2015

makes it an offence to disclose, obtain or solicit information about what happened in a jury room. However, the Act does permit disclosure where it is in the interests of justice (e.g. reporting juror misconduct)

Employment Tribunals Act 1996

sets out the rules relating to employment tribunals

Employment Rights Act 1996

in employment tribunals cases are decided according to the law and this is an important statute

Equality Act 2010

in employment tribunals cases are decided according to the law and this is an important statute

Arbitration Act 1996

agreements to arbitrate are governed by this Act and are usually in writing

Courts and Legal Services Act 1990 and the Access to Justice Act 1999

under these Acts solicitors with the relevant qualifications can exercise the same rights of audience as any barrister

Legal Services Act 2007 

Legal Ombudsman is an independent and impartial body set up under this Act

Saif Ali v v Sydney Mitchell

a barrister was sued for negligence in respect of written advice and opinions

Hall v Simos

it was decided that lawyers could also be sued for negligent advocacy

Solicitos’ Higher Rights of Audience Regulations 2011

solicitors can apply for higher courts qualification

White v Jones

a solicitor failed to draw up a will, resulting in 2 daughters not being able to inherit any money when their father died. they successfully sued the solicitor in negligence

Pepper v Hart

appeal courts can clarify or amend the law where appropriate

Act of Settlement 1701

since this Act, senior judges cannot be reomoved by the gov

Sirros v Moore

judges have immunity from being sued for actions taken or decisions made in the course of thier judicial duties

s.3 Constitutional Reform Act 2005

under this section there is a legal duty on gov ministers to uphold the independence of the judiciary and specifically bars them from trying to influence judicial decisions

Re Pinochet

Judicial independence from the case. it was decided that the original decision by the House of Lords to extradite Pinochet should be set aside as one of the judges was an unpaid director of Amnesty International who were seeking to extradite Pinochet

Belmarsh Detainees’ Case

the Supreme Court declared that elements of the Anti-Crime, Terrorism and Security Act 2001 were incompatible with human rights law

Miller v Prime Minister

in recent years, the judiciary have played an important role in holding the gov to account in a number of areas, most recently during the Brexit process. the case concerned the lawfullness of the Prime Minister’s decision to “prorogue” Parliament in the lead up to Brexit

Miller v Sec of State for Exiting the EU

following the referendum to leave the EU, there was a legal challenge as to whther the gov could trigger the process for leaving without consulting Parliament (Article 50)