A Level Law Study Notes: English Legal System and Criminal Law

Pre-action Protocol: Parties are encouraged to exchange information to avoid litigation. Failure to comply may lead to liability for costs.
Financial Limits for Claims: * Small Claims Court: Under $£10,000$ (or $£1,000$ for Personal Injury). * County Court: Under $£100,000$ (or $£50,000$ for Personal Injury). * High Court: Over $£100,000$ (or over $£50,000$ for Personal Injury).
Track System: Claims valued between $£10,000$ and $£25,000$ are allocated to the Fast Track.
Appeals: Original decisions by a District Judge are typically appealed to a Circuit Judge. A 'leapfrog' appeal goes directly from the High Court to the Supreme Court.
Forms of ADR: * Negotiation: The simplest form; can be conducted face-to-face. * Conciliation: Similar to mediation; involves a neutral third party. * Arbitration: The most formal ADR; the decision is known as an 'award'. * Scott v Avery Clause: A contractual agreement stating that if a dispute arises, parties will use Arbitration before court action.

ACAS: Stands for Advisory, Conciliation and Arbitration Service. Early conciliation results in a legally binding agreement enforceable through courts.
Hearing Process: Conducted less formally than courts; specifically handles employment disputes.
Appeals: Must be made within $42$ days to the Employment Appeal Tribunal (EAT) and are only permitted on a point of law.

Offence Categories: * Summary Offences: Least serious; tried in Magistrates’ Court. Categorized by fine levels (e.g., Level 3). * Triable Either Way: Can be heard in either Magistrates or Crown Court. * Indictable Offences: Most serious crimes (e.g., murder, robbery); tried in Crown Court.
Trial Standards: * Standard of Proof: Beyond reasonable doubt. * Burden of Proof: Rests with the prosecution.
Sentencing Aims: Retribution, deterrence (individual and general), rehabilitation, protection of the public, and denunciation.
The Jury: $12$ jurors are selected and vetted. They decide the verdict (verdict is not decided by the judge alone). Majority verdicts are accepted at $10:2$ or $11:1$ .
Double Jeopardy: The rule was changed by the Criminal Justice Act 2003, notably in the context of the Stephen Lawrence case.

Solicitors: Regulated by the Solicitors Regulation Authority (SRA). They are often the first point of contact for legal services.
Barristers: Regulated by the Bar Standards Board (BSB). They are usually instructed through a solicitor.
Legal Executives: Fee earners who usually work for solicitors; regulated by CILEX (Chartered Institute of Legal Executives).
Judiciary: Features the Separation of Powers (Exec, Legislative, Judiciary) as modeled by Montesquieu. Diversity remains a criticism; as of April 2020, $32\% \text{ of court judges were women}$ and $8\% \text{ were from BAME backgrounds}$ .

Actus Reus (AR): The physical act of a crime.
Mens Rea (MR): The mental element; Intention is the highest form.
Murder AR: Unlawfully killing a reasonable creature in being under the King's (or Queen's) peace.
Partial Defences to Murder (Coroners and Justice Act 2009): * Loss of Control (s54): Requires a qualifying trigger (s55) and that a person of the same sex/age would have reacted similarly. * Diminished Responsibility: Resulting from an abnormality of mental functioning.
Involuntary Manslaughter: * Unlawful Act Manslaughter (UAM): Requires a dangerous unlawful act that causes death. * Gross Negligence Manslaughter (GNM): Requires a breach of an existing duty of care.

Theft Act 1968: * Definition (s1): Dishonest appropriation of property belonging to another with intent to permanently deprive. * Dishonesty Test: Established in Ivy v Genting Casinos Ltd (2017).
Non-Fatal Offences: * Assault: Apprehending immediate unlawful force (e.g., Constanza). * Battery: Application of unlawful force (e.g., Santa-Bermudez). * s47 ABH: Assault or battery occasioning Actual Bodily Harm.