Legal System (1) Other Forms of ADR - Criminal Courts and Sentencing

Questão	Responda
Legal System Other Forms of Dispute Resolution Why were tribunals created?	To give people a method of enforcing their entitlement to certain social rights.
Legal System Other Forms of Dispute Resolution How do tribunal differ from courts?	They are less formal.
Legal System Other Forms of Dispute Resolution What are some of the types of rights that can be settled at at tribunal?	The right to mobility allowance The right to payment if made redundant The right not to be discriminated against The rights of imigrants to assylum
Legal System Other forms of Dispute Resolution Which act reformed the tribunal system and created a unified structure?	Tribunals and Courts Enforcement Act 2007
Legal System Other Forms of Dispute Resolution What are the seven chambers (divisional) of the first tier Tribunal?	Social Entitlement Health, Education and Social Care War Pensions and Armed Forces Compensation General Regulatory Taxation Land, Property and Housing Asylum and imigration
Legal System Other Forms of Dispute Resolution What is the order of the tribunal appeal route?	First Tier Upper Tribunal Court of Appeal Supreme Court
Legal System Other Forms of Dispute Resolution What is the composition of a tribunal hearing?	Tribunal judge but for some cases two non-lawyers who have expertise in a particular field of the tribunal.
Legal System Other Forms of Dispute Resolution What is the proceedure in a tribunal?	Both sides put case. In some tribunals cross examination Most applicants present own case Descision is binding
Legal System Other Forms of Dispute Resolution What are the advantages of tribunals?	Prevent overlaoding courts Cheaper to deal with Can be dealt with quickly More informal than court Dealt with by experts in area
Legal System Other Forms of Dispute Resolution What are the disadvantes of tribunals?	Lack of legal aid funding More formal than other ADR Can be delays as experts often only sit part-time
Legal System Other Forms of ADR What is negotiation?	The progess of trying to come to an agreement.
Legal System Other Forms of Dispute Resolution What are the advantages of negotiation?	It is private Quick and cheap
Legal System Other Forms of Dispute Resolution What is mediation?	Using a neutralperson in a dispute to try to help parties come up with a compromise solution.
Legal System Other forms of dispute resolution What must families do in a family case before starting any court proceedings?	Show they have attended a Mediation Information and Assessment Meeting (MIAM)
Legal System Other Forms of Dispute Resolution What are the advantages of mediation?	Decision is not stictly legal - based on commercial good sense and compromise. Makes it easier for companies to do business with each other in the future. Avoids adversarial conflict of courtroom.
Legal System Other Forms of Dispute Resolution What are teh main disadvantages of mediation?	No guarentee the matter will be resolved.
Legal System Criminal Courts What three categories are offences divided into?	Summary Triable either way Indictable
Legal System Criminal Courts What is a summary offence?	Least serious - only tried at Magistrates Court - driving offences, common assault, criminal damage less than £5000 and shoplifting if goods less than £200.
Legal System Criminal Courts What is a triable-either-way offence?	Mid range crimes such as theft- assault causing ABH. If D pleads guilty then heard by magistrates. Not guilt y D can choose Crown Court and jury. If case to serious magistrates may send case to Crown.
Legal System Criminal Courts What is an indictable offence?	Most serious crimes including murder, manslaughter and rape - preliminary hearing at magistrates but then transferred to Crown Court.
Legal System Criminal Courts What is the maximum sentence and fine that can be given in a Magistrates Court?	Six months for one offence Twelve months for two offences Top end - there is no limit.
Legal System Criminal Courts What percentage of a magistrates workload does trying summary and tiable-either-way cases amount to?	97% - the rest is preliminary hearings or triable-either-way or indictable Issuing warrents and deciding bail applications Try cases is youth courts
Legal System Criminal Courts What are the appeal routes from Magistrates Courts?	Appeal to Crown Court - only available to defence. Heard at Crown by judge and two magistrates - can decide the same - can reverse - find guilty of a lesser offence and vary. Confirm - increase or decrease
Legal System Criminal Courts What is a case stated appeal used for?	Goes to Adminstrative Court - for the defendant against conviction - for the prosecution for acquital if it is believed there has been a mistake about law.
Legal System Criminal Courts How can a defendant appeal a decision reached in a Crown Court.	Must get leave tp appeal. Criminal Appeal Act 1995 Allow appeal if think conviction is unsafe. Dismiss an appealin all other cases
Legal System Criminal Courts What can the Court of Appeal do if they decide the conviction is unsafe?	Quash Convict of a lesser offence Can decrease sentence
Legal System Criminal Courts When can the prosecution appeal a Crown Court decision?	CJA 2003 Can appeal against acquital where jury has been "nobled". Where new and compelling eidence means a retrial. Known as double jeopardy.
Legal System Criminal Courts What other circumstances allow an appeal by the prosecution.	On a point of law not being explained properly to jury. Against an usually lenient sentence.
Legal System Sentencing What is retribution?	Punishment being imposed because the offender deserves punishment.
Legal System Sentencing What is deterrence?	Giving a punishment that puts the defendant off re-offending behaviour for fear of punishment or preventing other potential offenders from commiting similar crimes.
Legal System Sentencing What is rehabilitation?	Tryin to alter the offender's behaviour so that he will conform to community norms and not offend in the future.
Legal System Sentencing What is reformation?	Trying to reform the offenders behaviour so that they will not offend in future.
Legal System Sentencing What is reparation?	Where an offender compensates the victim or society for the offending behaviour.
Legal System Sentencing What is deninciation?	Expressing society's disapproval of an offender's behaviour.
Legal System Sentencing What are the three categories used in determining the offence category in tariff sentences.	Category 1: Greater harm and higher culpability 1yr 6m - 1 to 3 yrs Category 2: Greater harm and lower culpability or visa versa. 26 wks - low level community order to 51 wks custody Category 3: Lesser harm and lower culpability. Medium to higher level community order.
Legal System Sentencing What sentences are available?	Mandatory or discretionary life Fixed-term Suspended Sentence
Legal System Sentencing What kind of Community Orders are avialable?	Unpaid work - activity requirement - programme requirement - prohibited activity requirement - curfew requirement - exclusion requirement - residence requirement - mental health traetment requirement - drug rehabilitation requirement - alcohol treatment requirement - supervision requirement.
Legal System Sentencing What kind of aggravating factors can impact on sentences set out in the CJA (2003)?	Previous convictions for similar offence Defendant being on bail when commiting offence Racial or religious hostility is part of the offence Hostility to disability or sexual orienation.
Legal System Sentencing What factors may be taking into consideration in mitigation?	Mental illness of D. Physical illness of D No perious convictions Evidence of genuine remorse
Legal System Sentencing How are sentences impacted by early plea of guilt.	First reasonable opportunity 33% After trial set 25% Door of court or once trial has begun 10%
Legal System Sentencing What else may impact on the sentence	The report on the offender prepared by probation service on offender's background or medcal reports.

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	Criado por Stuart Halford mais de 5 anos atrás