English Legal System

Word document explaining some key aspects of the criminal system.

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ENGLISH LEGAL SYSTEM
POLICE
Relevant Acts
Stop and Search. CODE A
POLICE AND CRIMINAL EVIDENCE ACT 1984 S1-7
MISUSE OF DRUGS ACT 1971
TERRORISM ACT 2000
COURT JUSTICE PUBLIC ORDER ACT 1994 S60
Arrest. CODE G
PACE 1984 S24-26 as amended by SOCAP 2005 S110
Magistrates Court Act 1980
Criminal Law Act 1967
Detention. CODES C, E and F
PACE 1984 S54-76
TERRORISM ACT 2000
CJPOA 1994
Stop and Search
S1 says it must be in a public place for stolen or prohibited articles (an offensive weapon or an article
that could be used for a burglary). CODE A says must be on reasonable grounds, not based on
stereotypes like race gender etc. Must state name and station; if not in uniform provide
documentation. The CJPOA allows for not needing reasonable grounds but must be authorised by a
Super or above for only 24 hours.
SENTENCING
Relevant Acts
POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 ­ consolidated law
CRIMINAL JUSTICE AND COURT SERVICES ACT 2000
CRIMINAL JUSTICE ACT 2003
CRIMINAL JUSTICE AND IMMIGRATION ACT 2008
LEGAL AID SENTENCING AND PUNISHMENT OF OFFENDERS ACT 2012
Approach to sentencing
CJA 2003
Tariff (Sentencing Guidelines Council or Court of Appeal)
First need to look at the tariff, then the aim (prison is only given if justified or if needed to protect
public from a violent/sexual offender), any aggravating factors (found guilty, abusing a position of
trust, vulnerable victim, previous conviction or bad motive) and finally mitigating factors (early guilty
plea can get up to 1/3 off sentence, cooperation with police, no previous convictions and
provocation)
LEGAL PROFFESSION
Training
Academic, either a law degree or a non-law degree with 1 or 2 years General Diploma in Law. Learn
about criminal, tort, contract, land, EU and the Legal System.

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Vocational, Solicitors (SOL) do Legal Practice Course for 1 or 2 years and learn negotiation,
researching and documentation. Barristers (BAR) do Bar Vocational Course for 1 or 2 years and learn
advocacy, complex documentation research and will do 12 meals at 1 of the 4 inns.
Practical, SOL do a Training Contract in a law firm, are paid min wage and have exams. BAR shadow
for 6 months then do their own cases while supervised for 6 months.…read more

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BAIL
Bail is allowing someone to be at liberty until the trial date.
There are 2 types of bail, street bail which comes from the CRIMINAL JUSTICE ACT 2003, police bail
which comes from the POLICE AND CRIMINAL EVIDENCE ACT and court bail which comes from the BAIL
ACT 1976. Police and court bail both take the same considerations.
Police bail under S33-36 of PACE and is granted by the Custody Officer.…read more

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Work
The Supreme Court deal with appeals of public importance and cases can be either civil or criminal. In
the Court of Appeal the leave to appeal is needed and criminal and civil cases are looked at. The High
Court can hear cases at first instance and have appeals. County Court deals with civil, Crown with
criminal matters and Magistrates' does both.
Independence
The executive is government who decide and implement policy. Legislature is parliament who makes
the law.…read more

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