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Machinery of justice - Coggle Diagram

- - - - Searches involving removal of more than outer clothing
      - Must be carried out in private by an officer of the same gender
  - - - If the arrest is for an indictable offence, they can be detained for a further 12 hours with permission of a senior officer of superintendant rank or above.
      - The police may apply to the Magistrates' Court for an order of detention for up to 96 hours
      - 24 hours is the general limit for police to detain a suspect
      - The detainee has the right to be represented in an application
      - A custody officer must review the detention within the first 6 hours, and at 9 hour intervals from there
    - - Having someone informed of the arrest
        
        There can be a 36 hour delay of this if there are reasonable grounds for believing the named person willl
        
        Alert others involved in the offence
        
        Harm the evidence of other people
        
        Cause an interference
      - Being told that independent free legal advice is available to them - they can consult privately with a solicitor
      - Being allowed to consult the Code of Practice
  - - - Who is in the act of committing an offence
      - Whom they have reasonable grounds for suspecting to be about to commit an offence
      - Who is about to commit an offence
      - Whom they have reasonable grounds for suspecting to be committing an offence
      - Anyone guilty of an offence
      - Anyone who they have reasonable grounds for suspecting to be guilty of an offence
    - - Prevent them suffering or causing physical injury
      - Prevent them causing loss of or damage to property, or committing an offence against public decency of obstructing the highway.
      - Establish the name and address of the person
      - Protect a child or vulnerable person
      - Allow prompt and effective investigation of an offence of the person
      - Prevent the person disappearing
  - - - A sample of other tissue fluids or hair
      - A swab from any part of their body other than mouth
      - A sample of blood
      - Can only be taken by a registered medical practitioner or nurse or the same gender
  - - - It is an objective test and the grounds must already exist, and be based on some form of intelligence.
      - Searches that involve exposure of intimate parts of the body are prohibited
      - It cannot be based on stereotypical images of certain groups or categories.
      - Searches that are a routine extension of another search because nothing had been found are prohibited also.
      - Reasonable suspicion cannot be supported on the basis of personal factors.
      - Searches should be conducted out of public view by an officer of the same gender if there are religious sensitivities about removing face coverings etc.
    - - Reasonable grounds to suspect that a person is in possession of a controlled drug allows police officers to stop and search them and seize the substance
      - Random searches are not authorised
      - A written record of the search and its result must be made ASAP after the search
    - - That they will find stolen or prohibited articles
      - Or articles made or adapted for use in connection with crime such as burglary or theft etc. Any such item can be seized
    - - A police officer may stop and search under this act
        
        Any person, possession or vehicle
        
        To discover whether thy have in their possession anything which may amount to evidence that they are a terrorist.
        
        No authorisation from a senior officer is required
      - A senior officer may designate a certain area
        
        If theres suspicion that a terrorist attack may take place there
        
        Oofficers can stop and search individuals or vehicles without suspicion here.
    - - Private areas and gardens if the police officer has good reasons for believing that the suspect doesn't live at that address
      - Public place
- - - - Encouraging the use of alternative dispute resolution
      - Giving judges more responsibility for managing cases
      - Providing a multitrack for larger claims
      - Making greater use of information technology
      - Providing a fast track for straightforward cases of moderate value (£10 000 - £25 000)
      - Simplifying documents and procedures & having a single set of rules governing proceedings in both the High Court and the County Court.
      - Extending the value of small claims from the limit of £1000
      - Having shorter timetables for cases to reach court and for lengths of trials
    - - The rate of settlement in cases had increased
      - Judges take a more active role in managing cases
      - Culture of litigation has improved
      - There is less delay
    - - The system hasn't kept pace with the economic and social shifts that have since taken place. It needs to focus more on dispute resolution and debt recovery.
      - The costs of taking a case to court are often more than the amount claimed.
      - The problem of cost still remains
  - - - Chancery Division
      - Family Division
      - King's Bench Division
- - - - A single Crown Court Judge deals with all subsequent pre-trial matters
      - The Criminal Procedure Rules ensure that criminal cases are dealt with justly
      - They will immediately be transferred to the Crown Court
      - PTHP
        
        Arraign the defendant
        
        Identify the issues for trial
        
        Provide a timetable for pre-trial preparation
        
        Make provision for any Further Case Management Hearing
      - The defendant is produced at the Magistrates' court to confirm their identity and decide bail or custody
    - - Not guilty plea
        
        The defence have the chance to submit to the magistrates that there is no case to answer
        
        The defence give their evidence to the court
        
        Cross-examination by the defence
        
        Cross examination by the prosecution
        
        Examination in chief of the prosecution
        
        The defence can make a speech about the weaknesses of the case
        
        Prosecution witnesses then give evidence
        
        The magistrates decide if the defendant is guilty or not guilty
        
        The prosecution make a speech outlining the case as they have the burden of proof
        
        Speech in mitigation if guilty
        
        A sentence is passed if guilty
      - Guilty plea
        
        Other information about the defendant is given to the court
        
        Any relevant reports are considered by the magistrates
        
        The court is given a past record of convictions
        
        Speech in mitigation by the defence
        
        The defendant is asked to agree with the facts
        
        Magistrates decide the sentence
        
        The Crown Prosecutor outlines the case to the court
  - - - Greater chance of witnesses not attending
      - Defence to charge can be fully argued
      - Greater chance of prosecution accepting plea to lower charge
      - Greater chance of receiving legal aid
      - Greater chance of appeal
      - Greater chance of acquittal by jury or judicial direction
    - - greater chance of publicity
      - may not be tried locally
      - Takes longer for cases to reach court
      - Sentencing powers of judge are greater
      - Likely to need legal advice and representation
      - Longer trials may involve greater expense
      - LEss chance of being granted bail before trial
    - - A single judge hears the pre-trial matters
      - A jury is used only when the defendant pleads not guilty
      - Deals with indictable or serious, or some triable-either-way offences
      - The judge directs the jury on the law and evidence
      - 84 across England and Wales
      - The judge will also impose a sentence if the defendant is found guilty
  - - - Decrease any sentence imposed
      - Dismiss the appeal
      - Vary the conviction to that of a lesser offence
      - Order a retrial of a case in front of a new jury
      - Quash a conviction
    - - Referring a point of law
      - Against sentence
      - Further appeals
      - The Criminal Cases Review Commission
  - - - To deal with the first hearing of all indictable offences
      - To deal with all preliminary matters connected to criminal cases
      - To try any triable-either-way cases that can be dealt with in the Magistrates' Court
      - To try cases in the Youth Court
      - To try all summary cases
    - - Case will be heard quickly
      - Shorter trial
      - Less chance of publicity
      - Lower sentencing powers of magistrates
      - Trial takes place locally
      - Greater chance of bail being granted
    - - A legally qualified clerk gives legal advice on the law to lay magistrates
      - Decisions by magistrates (District Judges or lay magistrates)
      - Deal with cases within their geographic area
      - 160 across England and Wales
    - - Less ability to argue a defence of challenge witnesses
      - Greater chance of being found guilty
      - Less likelihood of legal representation
      - Less chance of appealing against conviction/sentence
  - - - For an offence while already on bail, the court must be satisfied there is no significant risk of further offending to grant bail again
      - There must be exceptional circumstances for bail to be granted for if it isn't a first time
        
        Murder
        
        Attempted murder
        
        MAnslaughter
        
        Rape
        
        Attempted rape
      - There is a presumption in favour of bail
    - - Reasonable grounds for believing the defendant would...
      - Fail to surrender
      - Commit further offences
      - Interfere with witnesses
    - - Crown Court
      - Magistrates
      - The police
    - - Residence in bail hostel
      - Curfew
      - Sureties
      - Surrender of passport
- - - - Conciliator may force a resolution
      - May not always lead to a settlement
      - The settlement isn't always binding
    - - PArties have some control
      - Can include agreements about future business, not just the past and present, enabling them to prevent future disputes.
      - Cheaper than a court case
  - - - Decision is not binding
      - One party may not engage in the process
      - May not lead to a settlement
    - - PArties in control
      - Can include agreements about future business
      - Cheaper than a court case
  - - - If lawyers are involved, it can become expensive
      - It may fail, resulting in the need for court action as a last resort.
      - The parties may be unwilling to negotiate, making it unlikely to achieve its aim
    - - No cost
      - The parties themselves are in control
      - Quick and straightforward
  - - - The fees of a professional arbitrator may be expensive
      - If parties opt for a formal hearing with witnesses giving evidence and lawyers representing sides it will be expensive.
      - An unexpected legal point may arise that isn't suitable for decision by a non-lawyer.
      - Rights of appeal are limited
      - The parties may not be on equal footing in their ability to present their case (an individual against a large company)
      - The delays for using a commercial or international arbitrator may be as long as they would with courts
    - - The hearing time and place is flexible
      - The procedure used is flexible, giving parties choice
      - Time saving - if an expert is appointed, there is no need for calling expert witnesses and explaining technicalities to a judge
      - The hearing is in private - no publicity
      - The parties can choose their own arbitrator - they can make the explicit decision between a technical expert, lawyer, or professional arbitrator.
      - Speed - The dispute is resolved more quickly than in a court
      - Usually cheaper than courts
      - The award is final and can be enforced through courts