Alternative Dispute Resolution Essay

Submitted By frfgg
Words: 1196
Pages: 5

Importance of alternative dispute resolution is shown by woolf reforms and access to justice 1999. Overriding objective in civil procedure rules. Judge can stay proceedings and part 24, 1 lets them adjourn. Family law act 1996 and c and c 2003. With the children act 1987. Arbitration is on a statutory basis and is promoted by civil procedure rules. The act conducts it in a judicial manner. Its voluntary but courts maintain a supervisory role as its open to challenge by judicial review. Section says agreement in writing. Employment protection act 1996 better acas than tribunal. Ombudsman gives award.
Solicitor training. Only in 1998 where there more contracts than those qualified. Courts and legal services act 1990 they can join judiciary at all levels not just as circuit judges. Their salary is set by law society. Only 20 percent of barristers secure training. Second sixth. They must find a set of chambers to work from. 40 hours training in advocacy training in first three years. They are considered a junior until they get queens counsel. They must apply to application and selection panel for queens counsel. Or it is called silk.
Detention of suspects. Criminal justice and public order act 1994 and code c. Section 7 of c t a 2003 up to 36 hours. Section 23 to 25 terrorism act 2006. Section 56 of pace lets anyone be informed of arrest as soon as practicable. Section 58 right to legal advice and code c is talk on phone. Prominently displayed posters. Samuels case about fundamental freedom and must be on specific aspect of case not just assumption. And r v grant 2005.
Interview. On feasibility of videoing rather than just audio taping. Runciman commission on giving question of confession at beginning of interview. Allowed solicitor unless like Samuel. Runciman commission said better guidelines and should include duty psychiatrist. Aspinall 1999 case, court of appeal. Section 76 means no oppression. Before the criminal justice and public order act no adverse conclusion. Section 34 and 39 inferences can be made. Under 14 but the crime and disorder act 1998 includes 10 to 13 now. Section 2 criminal justice act 1987 director of fraud something means ifs an offence not to comply to interview.
Strip search. Is the removal of the outer layer of clothing. Custody officer has no automatic search. If article that could injure or have class a drug then intimate search. Which is a search which is physical exam of a persons body orifices other than mouth. Criminal justice and police act 2001 added section 64, a meaning they can now retain samples.
Sentencing
152 says only if neither a fine nor community order can be justified and section 142 means they have to take into account the aims. Section 229 asses the word dangerous. section 110 in powers of court, sentencing act 2000. says a seven year sentence for a third offence of trafficking of class a drug trafficking. Unless its unjust.
Punishment, the case of brewers, 1980. For punishment the case of Blake, the infamous spy who received 42 years. In deterrence, Husain , Muhammad, 2005. Which was electoral fraud.
Bail. Section 4 criminal justice act 2003 allows street bail on discretion of the officer.
Magistrates.
Advantages. They used to have live 15 miles by commission. The courts act 2003 means that is no longer a formal requirement. Cost, the report the judiciary in the mag court, 2000 the cost of lay 52,10 an hour while a district judge was 61.78 and hour. When multiplied by hours worked, replacing with judge would be millions a year. Mag trial is also trial because not as complex. Legal adviser, since 1999 all new clerk have to be legally qualified. And under 40 in 1999 have to qualify in 10 years. Higher revel of skills. In addition their training. Few appeals against their decisions and not judges. And always sentence not guilty. 2005 judicial statists annual report showed only over 12 thousand made and over 3 thousand allowed. Also few instances of error of law.
Disadvantages.…