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Protecting the CitizenProtecting the Citizen
Presentation by Duncan BunceDuncan BunceEdited by Dr Peter JepsonEdited by Dr Peter Jepson
Read & Précis: Chapter 4, Issue 1, pages 141-150
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Welcome
Ensure mobile phones are off
No eating in the classroom
You should take notes/annotate your Pdf print files
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Topic Aims
Civil and criminal law.
Legal representation.
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Criminal Law
The law is a set of rules which sets a code of conduct in society.
Why do we have criminal law?
If a crime is believed to have been committed, the Police will investigate who was responsible.
What is the role of the Crown Prosecution Service?
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Criminal Law Can you give me an example of ‘Criminal
Law’?
If I steal an apple which Court would I likely appear in?
If I rob a bank which Court would I appear in?
Distinguish between ‘burden of proof’ and ‘standard of proof’ in criminal law.
What punishment can the court give a defendant?
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Civil Law Can you give me an example of ‘Civil Law’?
Can you give me an example of a scenario that could provide both a criminal and a civil outcome?
Unlike criminal law, civil law does not involve the state. It is often one private individual (or company) in dispute against another.
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Civil Law
What is the main purpose of civil law?
- To compensate people.- To provide enforceable arrangements.
If I want to claim for an unpaid debt of £300, which court will it be heard in?
If I get seriously injured in an accident at work, which court might it be heard in?
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Solicitors and Barristers The two professions are separate.
- Law Society regulates solicitors.
Solicitors deal with citizens directly, ‘diagnosing’ their legal problems and offering a solution.
Citizens will usually approach a solicitor for advice or representation on litigation (civil law), conveyancing (property law), family law (divorce and custody) or personal injury claims.
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Solicitors and Barristers
Who regulates barristers?
Self-employed.
Must be a member of one of the four Inns of Court. Can you name them?
Barristers have clients/citizens referred to them by solicitors. Why?
A barrister advocates (i.e. argues) in court on behalf of their client.
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Paying for legal services
When faced with a legal problem, the average person will usually need expert help from a solicitor.
What are the main difficulties for an ordinary person who is seeking legal help?
When a person cannot get the help they need, it is said that they are being denied access to justice.
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Access to Justice
This Act was passed to replace the old Legal Aid scheme with two new schemes:
- The Community Legal Service (for civil cases)
-The Criminal Defence Service (for criminal cases)
Both are overseen by the Legal Services Commission.
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The Community Legal Service
This is able to provide:
(1) Legal Advice
(2) Help at Court
(3) Legal Representation
(4) Support Funding
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The Criminal Defence Service
This is able to provide:
(1) Duty solicitor schemes
(2) Direct funding- Advice and assistance- Advocacy assistance
- Representation
(3) Employment of public defenders
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Advice Services…
CLS Direct (a telephone service) CDSD (a telephone service) Website – www.communitylegaladvice.org.uk Law Centres (e.g. Citizens advice bureau) Solicitors / not-for-profit organisations that have
a contract with the CLS.
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Conditional fee agreements
A citizen can obtain an agreement with their lawyer that they will take on the case for no fee (or a reduced fee).
If they lose, they will be given no fee (or a reduced fee).
If they win, they receive the usual fee plus an additional ‘success fee’.
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Just to remind you...
For the Unit 1 exam, you should be able to know, understand and discuss:
The differences between civil and criminal law.
The role of the solicitor, barrister and legal executive.
Free legal advice schemes.