English Law revision.

I have my Law AS exam tomorrow. This is my revision, because my hand hurts from writing. Feel free to have a read through if you like, and if anyone's doing the same as me then shout if you see something I've missed. It's all from memory, and I'll update it as I complete different parts of my To Do list.

To Do:

• Juries - selection - DONE.
• Juries - advantages and disadvantages - DONE.
• Lay Magistrates - selection and training
• Lay Magistrates - advantages and disadvantages
• Solicitors - training and work
• Barristers - training and work
• ADR - mediation and arbitration
• Tribunals
• ADR - mediation and arbitration advantages and disadvantages
• Tribunals - advantages and disadvantages
• Probably something else....

Juries Act 1974 set out guidelines for selection.

Qualifications:
- must be on electoral roll;
- must be aged between 18 and 70;
- must have lived in the UK, Channel Islands or the Isle of Man for 5 years since their 13th birthday;
- must NOT BE DISQUALIFIED.

Disqualifications:
- must not have been given life imprisonment or a custodial sentence of more than 5 years;
- must not have been given any other custodial sentence or suspended sentence within the last 10 years;
- must not have been given a community sentence within the last 10 years;
- must not currently be on bail.

Failure to disclose the fact that you are disqualified can result in a fine of up to £5000.

Discretionary excusals and deferrals
You can ask to be excused (at the bailiffs discretion ;)) or for your jury service to be put back to another time for:
- the death or illness of a close relative;
- your own health reasons;
- religious festivals;
- a pre-booked holiday.

Failure to attend court can result in a fine of up to £1000.

Lack of capacity:
- Mentally ill people are exempt from jury service;
- the judge can send a juror away if they: are blind/deaf, can't understand English, find the case too traumatic.

Vetting:
- the extra checking of jurors for religious or political background.

The Criminal Justice Act 2003 scrapped:
Ineligibility:
- Anyone involved in the administration of justice - i.e. judges, barristers, solicitors, clerks etc - didn't have to serve.

Excusal as of right:
- Members of Parliament, the armed forces, and the medical profession didn't have to serve;
- the essential services - i.e. firemen - didn't have to serve.

Decision making:
- Unanimous -all agreed- decision is preferable;
- Judge can accept majority verdict -10 to 2 or greater- if jury cannot decide unanimously.

Secrecy:
-Jurors are not allowed to disclose anything that was said or done in the case.

Role - Juries:
- listen to audio evidence - i.e. tape recordings, cross-examinations by barristers;
- look at visual evidence - i.e. CCTV, cross-examinations by barristers;
- go on site visits to the scene of the crime;
- take notes, and can send relevant notes to the judge;
- decide the facts of the case;
- retire to the jury room and select a foreman;
- decide in secret if defendant is guilty or not guilty.



Advantages of a Jury:

1. Public Confidence
- The public trust the jurors' decision because the defendant is being tried by his peers

2. Jury Equity/Fairness
- Jurors don't have to give reasons for their verdict
- Jurors don't have to follow precedents or Acts of Parliament

3. Open System of Justice
- The judge's explanation of the law to the jury opens up the judicial system
- The public are involved in the distribution of justice

4. Secrecy of Jury Room
- Jury is free from pressure and outside influence
- Jury can make unpopular verdicts without fear

5. Impartiality/Unbiased
- Jury isn't connected to anyone in the case
- Random selection gives a good cross-section of society
- No one person is responsible for the decision


Disadvantages of a Jury

1. Perverse Decisions
- Jury doesn't have to give reasons for their decision
- They could acquit a clearly guilty man - i.e. Ponting's Case - civil servant leaked information about a ship

2. Secrecy
- Members of the jury could be quashing unbiased jurors and making an unfair decision
- Jury could be being petty - i.e. making the decision based on the defendant's appearance

3. Media Influence
- Jurors are told to ignore everything they may have heard or read, and make their decision based solely on the evidence given. BUT...
- The jury could still be basing their decision on the news coverage

4. Racial Bias
- Jurors could be being racially bias - for or against
- Usually countered by other jurors

5. Lack of Understanding
Runciman Commission found that:
- only 56% of jurors say they understood the case
- 1% say they didn't understand anything

6. High Acquittal Rate
- Just under 40% of cases end with acquittal

7. Other
- Expensive - loss of earnings and travel expenses are both paid for
- Jurors may rush decision because they don't like jury duty


Summary of Juries:

Juries Act 1974 set out selection rules:
- Qualifications
- Disqualifications
- Discretionary Excusals and Deferrals
- Lack of Capacity
- Vetting

Criminal Justice Act 2003 scrapped:
- Ineligibility
- Excusal as of right

Jury:
- Decision
- Secrecy
- Role

Advantages:
1. Public Confidence - trial by peers
2. Jury Equity/ Fairness - no precedents or Acts of Parliament
3. Open System of Justice - public have a role is distributing justice
4. Secrecy of Jury Room - no pressure on jury
5. Impartiality/ Unbiased - cross-section of society

Disadvantages:
1. Perverse Decisions - no reasons for decision
2. Secrecy - could be making unfair decisions
3. Media Influence - could believe everything they read
4. Racial Bias - racism usually countered by other jurors
5. Lack of Understanding - Runciman Commission - 56% good, 1% bad
6. High Acquittal Rate - 40% let go
7. Other - expensive and dislike of duty

Not doing AS Law myself, but I've always had a bit of a passive interest in it so it was interesting reading for me. Good luck with your exam! Here's hoping you're guilty of an impressive exam result!

I did A Level Law a few years ago and got an A in my AS and A-Level. *smug*

Looks like you've got it all covered to me. :up:

Yeah. Had the exam today. Reckon I got an A.

AS law looks intense, I remember my AS's well; everyone in the year went by the doctrine of "who cares, there's always the resit next year". Of course come A2 that philosophy goes out the window:D!

Haha yeah, everyone's going on about "it's all about the resit" here too. Fools. I'd rather revise the little for the dinky exam while it's still fresh, instead of revising everything when I've forgotten the old stuff.

Having studied the International Baccalaureate instead of AS/A-Levels and having to sit exams at the end of a two year period, I never understood the 'oh well, there's resits' attitude. I'd have loved modular exams that would've been easier to deal with rather than a hell of a lot of revision for a lot of big and important exams right at the end.

I always wanted to do Law in sixth form, but I ended dropping out of sixth form and going to college.

I hope your exam went well. I hate exams. ^_^

wow reminds me of high school...i only read some and skipped the rest =P good luck on ur exams :D