Evidence excluded because its admissibility would be against the public interest
The evidence of spouses in criminal cases
Evidence that might incriminate the witness
The accused is not a compellable witness
Legal professional privilege
Evidence obtained at a ‘trial within a trial’
To protect police informers
Cross-examination of rape victims
Phone tap evidence
Evidence obtained by improper means
Confessions
Evidence, including confessions, illegally or improperly obtained
The ECHR and the fairness of trials
Abuse of process
Chapter 5 The jury
1. The origins of the jury system
2. Eligibility for jury service
Composition of the jury list
Those ineligible, disqualified or excused
3. The process of jury selection
4. Challenging of jurors
Peremptory challenge
Challenge for cause
The judge’s discretion
Questionnaires for jury selection
Jury selection and pre-trial publicity
Procedure for challenge for cause
Stand by for the Crown
Juries and the problem of race
Jury vetting
Use made of jury vetting
5. The size of the jury
6. Who serves on juries?
7. The extent to which juries are used
Civil cases
Juries for libel and slander cases – the Faulks Committee
Juries and damages in defamation cases
Criminal cases
8. Aids to the jury
9. The quality of jury decision-making
10. Respective roles of judge and jury
Summing up the law
Summing up on the facts
Directing an acquittal
Directing a conviction
Should the jury be prohibited from returning a perverse verdict?
Asking the jury questions
Is the jury’s unreasoned verdict compatible with the European Convention on Human Rights?
11. Majority jury verdicts
12. Retrials on jury disagreement
13. Will the courts consider what happened in the jury room?
14. Publication of the secrets of the jury room
15. Does the jury acquit too many defendants?
16. Trial on indictment without a jury
‘Diplock courts’ in Northern Ireland
Defendant allowed to opt for trial by judge alone
Non-jury courts for fraud and other complex trials
Lord Justice Auld’s report
The White Paper
The Criminal Justice Act 2003
Trial by judge alone because of jury tampering
Trial by jury of sample counts only
Young defendants
17. The operation of the jury (and trials) in former times
FURTHER READING ON THE JURY SYSTEM
Chapter 6 Costs and the funding of legal proceedings
1. The new rules
Who pays?
Factors to be taken into account in assessing the amount of costs
Assessment (formerly ‘taxation’)
The different bases of costs
Non-contentious costs
2. Controls on costs
‘Between party’ and ‘solicitor and own client’ assessment of costs
Fixed costs
Scale fees
Pre-emptive cost capping orders
Remuneration certificates in non-contentious matters
Legal aid work
Wasted costs orders
3. Should costs follow the event?
Civil cases
The costs-follows-the-event rule and group actions
The costs liability of non-parties
Criminal cases
4. Exceptions to the rule that costs follow the event
No costs in small claims in county courts
Legal aid cases
Some costs of litigant in person
Where the winner is not liable to pay – the indemnity principle
Contemptuous damages
Family law ancillary relief applications
Public interest cases
5. The legal aid system
Introduction
(1) The civil legal aid scheme
The nature of provision
The funding priorities
Exclusions from the scheme
Exceptions to the exclusions
The merits test
The means test and contributions
The statutory charge
Legal Help
Help at Court
Immigration and asylum work
The system in operation
Quality control
Peer review
Specialist Support reprieved
(2) Criminal legal aid(sup[205])
The merits test
The means test and contributions
Very High Cost cases
Duty solicitor schemes in magistrates’ courts
Duty solicitor schemes in police stations
Public defenders
Law centres
Legal aid for tribunals?
The not-for-profit sector in legal services
The declining proportion of the population eligible for civil legal aid
Why has the cost of criminal legal aid risen so much?
Where now with the funding of legal aid?
Competitive tendering(sup[283])
The Carter Review
The DCA/LSC’s consultation paper
The Bar’s reaction
The Law Society’s reaction
The Government’s decision
Criminal legal aid
Civil Legal Aid
Amending the duty solicitor arrangements
International comparisons
Other recent publications on legal aid
6. Conditional fees and contingency fees
CFAs – the history (1989–1995)
CFAs – the start
Recoverability of success fees and insurance premiums
Claims management companies
‘Costs wars’
CFAs – the balance sheet
The courts and contingency arrangements
Should contingency fees be permitted?
Contingency Legal Aid Fund (CLAF)
FURTHER READING
7. Legal expenses insurance (LEI)
8. Pro bono work done by the profession
Chapter 7 Appeals
1. The structure of appeal courts
Civil cases
Radical reform of civil appeals following Bowman
Criminal cases
The Judicial Committee of the Privy Council
2. The appeal process
A right to appeal?
Civil cases
Criminal cases
Appeals by the prosecution
Abolition of the double jeopardy rule
The Criminal Justice Act 2003, ss. 75–97
Practice and procedure of appeals
The procedure for civil appeals
Applying for leave
The procedure for criminal appeals
Applying for leave
Time loss rules
Legal advice for appellants in criminal cases
Appeals by way of case stated
Leapfrog appeals
To the House of Lords
To the Court of Appeal Civil Division
To the Court of Appeal Criminal Division
General
Skeleton arguments
Restrictions on oral argument?
3. Appeal decisions
The grounds of appeal
Only one appeal
Powers of the Court of Appeal
Court of Appeal Civil Division
Court of Appeal Criminal Division
The grounds for allowing appeals
Civil cases
Pre-CPR
Post-CPR
Criminal cases
Cooper and the ‘lurking doubt’ test
Report of the Runciman Royal Commission
Do appeal judges have the time it takes?
Quashing the jury’s verdict on account of error at trial
Quashing the jury’s verdict on account of pre-trial malpractice or procedural irregularity
Applying ‘the proviso’
The redrafting of s. 2
The power to receive fresh evidence
New points taken on appeal
The power to order retrials
In fresh evidence cases should the Court of Appeal order retrials or decide for itself?
Does the criminal appeal system make sense?
4. Dealing with alleged miscarriage of justice cases
Powers of the Home Secretary
Free pardon
Conditional pardon
Remission
Reference to the Court of Appeal Criminal Division under the Criminal Appeal
Act 1907, s. 17
Other powers
Principles upon which the Home Secretary exercised his powers
The case for an independent body
The Runciman Royal Commission
The Criminal Cases Review Commission (CCRC)
FURTHER READING
Compensation for wrongful conviction
The Home Secretary’s statement of April 2006
Chapter 8 The legal profession
1. The component parts of the profession
The Bar
Origin
Inns of Court
Entry and training
Numbers at the Bar and recruitment
Chambers
The barrister’s clerk
Queen’s (or King’s) Counsel
Partnerships among barristers
Women at the Bar
Ethnic minorities at the Bar
Circuits
Advertising by barristers
Management of the Bar
Employed and ‘non-practising’ barristers
The solicitors’ branch
Origin and history
Entry and training
Number of solicitors
The structure of the solicitors’ profession
Legal executives
The distribution of solicitors’ offices in the community
Women in the solicitors’ profession
Ethnic minorities in the solicitors’ profession
Management of the solicitors’ branch
2. The divided profession
Transfer between the two branches
3. Law centres
4. The use of solicitors, and clients’ perceptions
5. Reform of the profession – current issues
Rights of audience for lawyers
Rights of audience for non-lawyers
Conducting litigation
Claims assessors
Legal Services Consultative Panel
Right of direct access to the Bar for professional and lay clients
Non-practising employed barristers
Queen’s Counsel
Should QCs continue to exist?
BarMark and Quality Mark
Partnerships between lawyers and between lawyers and non-lawyers
Partnerships between barristers
Partnerships between barristers and members of other professions
MNPs and MDPs for solicitors
Incorporation and limited liability partnerships (LLPs)
Conveyancing
Probate
Cost information and client care
Complaints
EU lawyers – reciprocal rights(sup[326])
From the Clementi Review to the Legal Services Bill
The regulatory system
Complaints
Alternative Business Structures
NB The Legal Services Bill and resources for research
Clementi – what has happened?
The Bar Council and the Law Society separate regulatory from representational functions
Prospects for Alternative Business Structures
The Northern Ireland ‘Clementi’ takes a different view
Regulation
Complaints
Alternative business structures
Conclusion
Competition: other aspects
The Irish Competition Authority follows Clementi
Reform of the regulation of legal services in Scotland
Index
Nội dung
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Cases andMaterialsontheEnglishLegal System
Combining materials from a wide variety of sources with Michael Zander’s
authoritative commentary, this book provides the tools with which an observer
of theEnglishlegalsystem can discover how it functions, the problems it faces
and the current reforms proposed.
The organisation of the trial courts, the problems of civil litigation, the
balance between the citizen and state in criminal cases, the trial and appeal
process including the basic rules of evidence, the jury, the cost and funding of
legal proceedings andthe present state of thelegal profession are explored by
the author drawing on a wealth of cases, reports of official and other bodies,
parliamentary debates andthe fruits of empirical research.
The tenth edition has been extensively revised with a mass of new material.
Major developments since the ninth edition include: the Constitutional Reform
Act 2005, new research onthe effect of the Woolf reforms, the Criminal
Procedure Rules 2005, significant changes to PACE and revised PACE Codes
(January 2006), the Serious Organised Crime and Police Act 2005, the
Prevention of Terrorism Act 2005 andthe Terrorism Act 2006, new arrange-
ments for the charging of suspects, the Disclosure Protocol 2006, the suspect’s
right to ask for an indication of sentence, general eligibility for jury service, the
introduction of fixed fees for some categories of litigation, Lord Carter’s Review
of the procurement of legal aid (July 2006) andthe 2006 consultation paper
Legal Aid: A Sustainable Future?, the new system for appointing QCs, the
Clementi Review of regulation of legal services (2004) andtheLegal Services
Bill (2006). There have also been a large number of new cases.
Michael Zander QC is Emeritus Professor of Law at the London School of
Economics and Political Science. He was a member of the Runciman Royal
Commission on Criminal Justice which reported in 1993. An established author
and researcher, he is also a regular journalist, a frequent broadcaster on radio
and television, and is recognised as the leading authority onthe workings of the
legal system.
[...]... Introduction (1) The civil legal aid scheme The nature of provision The funding priorities Exclusions from the scheme Exceptions to the exclusions The merits test The means test and contributions The statutory charge Legal Help’ ‘Help at Court’ Immigration and asylum work Thesystem in operation Quality control Peer review Specialist Support reprieved (2) The criminal legal aid scheme The merits test The. .. Division under the Criminal Appeal Act 1907, s.17 Other powers The principles upon which the Home Secretary exercised his powers The case for an independent body The Runciman Royal Commission The Criminal Cases Review Commission (CCRC) Compensation for wrongful conviction 714 716 718 719 720 720 721 721 721 721 721 722 723 725 730 CHAPTER 8 Thelegal profession 735 1 The component parts of the profession... this edition is the removal to footnotes of most of the references that were previously in the text There was too much clutter on the page There are also more headings to help the reader find his way But the essence of the book remains the same as it has been from the start – an exploration of the important issues involved in the operation of the legalsystemThe book aims to convey not just the current... basic texts on points where the legalsystem is under stress or is the subject of controversy The aim is to give a better understanding of the reality of the law in action Michael Zander July 1972, London Acknowledgements All thematerials in the book appear here with the permission of those who hold the copyright I wish to express my sincere gratitude to all the individuals and institutions who have... authors MZ February 2007, London Preface to the first edition This book is concerned with dispute settlement in courts and tribunals in England and Wales The aim is to make available a selection of materials which reveal the actual workings of the system, its problems and difficulties, and which suggest ways in which it might be improved The emphasis is contemporary and critical Thematerials selected come... agencies and police Seizure of evidence The Philips Royal Commission PACE The power to freeze the suspect’s assets 7 The prosecution process The police have a wide discretion Class bias in prosecutions Proposals for an independent prosecution process The Philips Royal Commission The Government’s response The Crown Prosecution Service (CPS) The Glidewell Report The Government’s response to Glidewell The. .. Justice Quarterly, the Criminal Law Review andthe Criminal Appeal Reports; to the Law Quarterly Review, Legal Action, the Magistrate, the Modern Law Review, the Solicitor’s Journal, the Law Guardian, the New Law Journal, the Law Society’s Gazette, the International and Comparative Law Quarterly, New Society, The Times andThe Guardian The Social Administration Research Trust gave permission for use of... chapter on the judges I considered including it in this volume but decided, partly on grounds of the length of the book, that it would be better to introduce it into the next edition of the companion volume, The Law Making Process Probably the most important change between the first and this tenth edition is the different balance between excerpted material andthe author’s own text The preface to the first... higher proportion of the book has consisted of the author’s own text There have been a great number of developments since the ninth edition – far too many to list here Some of the main ones include the Constitutional Reform Act 2005, new research on the effect of the Woolf reforms, the White Paper on unifying the civil courts, the Criminal Procedure Rules 2005, significant changes to PACE and revised PACE... Stand by for the Crown Juries andthe problem of race Jury vetting The use made of jury vetting 493 493 494 496 497 497 498 498 500 501 5 The size of the jury 502 6 Who serves on juries? 502 7 The extent to which juries are used Civil cases Juries for libel and slander cases – the Faulks Committeee Juries and damages in defamation cases Criminal cases 503 503 507 507 509 8 Aids to the jury 510 9 The . Imagination Zander: Cases and Materials on the English Legal System Zander: The Law-Making Process Cases and Materials on the English Legal System Tenth Edition MICHAEL ZANDER QC FBA Emeritus. the citizen and state in criminal cases, the trial and appeal process including the basic rules of evidence, the jury, the cost and funding of legal proceedings and the present state of the legal. legal aid (July 2006) and the 2006 consultation paper Legal Aid: A Sustainable Future?, the new system for appointing QCs, the Clementi Review of regulation of legal services (2004) and the Legal