Index

abortion 83–4, 106

abuse of power

Home Secretary, and 522

Access to Justice Act 1999

conditional fees, and 709–10

rights of audience, and 680

Access to Justice for Litigants in Person 130–2

access to legal advice 369

accountability

delegated legislation 118

magistrates 496–7

accountants 660

ACLEC 671

acquittals

appeals see criminal appeals

Attorney General 452

Crown Prosecution Service see Crown Prosecution Service

juries see juries

right to silence see right to silence

tainted 325

Administrative Court judicial review guide 2016 521

administrative law 26

administrative tribunals 626–41

administration 629

Administrative Appeals Chamber 632

advantages 638–9

accessibility 639

cost 639

expertise 639

flexibility 639

informality 639

privacy 639

speed 638

appeals 629

appeals procedures 640

composition 636–8

and courts 627

disadvantages 639–41

appeals procedures 640

public funding 641

publicity 640

domestic tribunals 638

employment tribunals 634–6

enforcement 630

General Regulatory Chamber 630–1

Health, Education and Social Care Chamber 631

Immigration and Asylum Chamber 631, 633

Lands Chamber 632

Leggatt Review 628–9

Property Chamber 632

public funding 641

Social Entitlement Chamber 631

supervision 629–30

Tax Chamber 632

Tax and Chancery Chamber 632

Tribunals, Court and Enforcement Act 2007 629–36

unified structure 629

War Pensions and Armed Forces Compensation Chamber 632

Admiralty Court 235

admissibility of evidence 366–85

oppression, and 383

admissions/part admissions, civil process 268–9

adoption 291, 294

statistics 294

adults

life sentences see life sentences

adverse inferences

jury directions 373, 379–82

refusal to answer police questions 372–4, 375

right to silence 376–9

advertising

tobacco 204

advisory standing committees 124

advocacy

barristers see barristers

broken monopoly 661

Crown Prosecution Service see Crown Prosecution Service

non–lawyers 670

solicitors see solicitors

special advocates 63

Advocates General 204

advocates’ liability 672–7

cab rank rule 674

collateral attack 674–6

divided loyalty 673–4

witness analogy 666

aggravated damages see damages

All England Law Reports 139

allocation, court see civil process

alternative business structures (ABSs) 658, 685

alternative dispute resolution (ADR) 599–626

amendments to civil procedure rules 613

conciliation see conciliation

courts, and 612–19

Directive for Consumer ADR 601–2, 603–4

European Union, and 601

judicial development 615–19

ODR Regulation 602

Woolf and Jackson reforms 612–19

see also administrative tribunals; arbitration; mediation

alternative procedure for claims (civil process) see civil process

‘ambulance chasing’ 711

analogy

reasoning by see reasoning

anti–social behaviour

closure of premises 16

community remedy document 17

community trigger 12–13

injunction to prevent 13–14

anti–social behaviour orders (ASBOs) see ASBOs

Anti–terrorism, Crime and Security Act 2001 63

anti–terrorism legislation

human rights, and 62–75

Anton Piller orders 278

appeals

and arbitration 623–4

and bail 408–9

civil see civil appeals

criminal see criminal appeals

Crown Court, from 322–9

High Court, from 272

tribunals 629

see also civil courts; Court of Appeal

appointment

magistrates 485–8

see also judicial appointment

approaches to law and legal study 19–21

arbitrary power 26–7, 28, 32

arbitration 600, 619–26

advantages 625–6

cost 626

expertise 626

informality 625

privacy 625

speed 625

appeal 623–4

procedure 620–4

arbitrator powers 621–2

autonomy 621

court powers 622

relationship to ordinary courts 624–5

arrest 352–66

common law 355–6

detention short of 361

duties after 366

general powers of 354

judicial review 354

legislation, under 356–9

procedure 363–5

reasonable grounds for suspecting, meaning of 359–61

search of arrested persons 363

suspects stopped in street 362

under warrant 354–5

unlawful, remedies for 352–4

use of force 365–6

without warrant 357–8

ASBOs 11–14

anti–social behaviour, meaning 11

assessment of regime 18

R (on the application of McCann) v Manchester Crown Court 11–12

statistics 17

assessment

civil process see civil process

asylum seekers see immigration

attachment of earnings order (AEO) 282

Attorney General 40, 452

Jackson case 88–9

reference on point of law 325

reference on sentencing 325

unduly lenient sentencing 325

audience, right of 677–8

and AJA (1999) 680

Institute of Legal Executives (ILEX) 668

solicitors 678–9

Auld Review 582–3

automatic life sentences 413–16

automatic transfer (civil process) see civil process

autonomy

arbitration procedure 621

bail 402–10

appeals 408–9

conditional and unconditional bail 409

courts, by 405–8

police 404–5

reapplications 408–9

statistics 403

Bar Council 669–70

BarDIRECT see Public Access scheme

barristers 668–71

Bar Standards Board (BSB) 670

chambers 671

clerk, role of 671

education 670

General Council of the Bar 669–70

immunity from negligence claims 672–7 see also advocates’ liability

Inns of Court 669

Public Access scheme (formerly BarDIRECT) 671

Queen’s Counsel (QCs) 670

training 669

Beeching Royal Commission 318

Belmarsh cases

human rights, and 63–7

Benchers 669

binding precedent doctrine see case law; precedent

Bingham, Lord

rule of law, on 34–41

black letter law 1, 20

blasphemy 217

books of authority 177–8

Bridgewater Four 332–3

Brighton Declaration 214

British Crime Survey (BCS) 302

bundles 257, 285

burden of proof 9–11

evidence obtained through torture 70–1

illegal immigration 114, 144

jury directions 585

private prosecutions 19

reverse 39, 56–7

unlawful arrest 353

vs standard of proof 9–11

burglary

‘inside job’ 359

‘joint enterprise’ 331–2

killing done for gain 427

use of offensive weapon 344

bylaws 116

‘cab rank’ rule 674

Cabinet Committees 84

Cafcass 294

cannabis warnings 495

case law 137–81 see also precedent

advantages 168–73

certainty 168

consistency 168

efficiency 168

flexibility 168

disadvantages 173–6

fixity 174

uncertainty 173–4

unconstitutionality 174–5

innovation 174–5

law reporting 137–42

All England Law Reports 139

CD–ROMs and Internet facilities 140

citing authorities in court 141–2

European Community reports 140

Law Reports 138–9

legal periodicals 139

modern reports 138

neutral citation 140–1

newspapers 139

private reports 138

specialist reports 139–40

Weekly Law Reports (WLR) 139

Year Books 138

precedent see precedent

reform 175

case management

conferences 284

see also civil process

categories of law 4–19

cautions 374, 493–5

conditional 397, 493–5

CD–ROMs (law reporting) 140

‘cell confessions’ 385

‘champerty’ 706

Chancery Division 236

Chancery Divisional Court 236

charging orders 282

Charter of Fundamental Rights of the European Union 190

Children 303–4

adoption 291, 294

care plan 59

in family proceedings 293–4

paramountcy principle 294–5

secure accommodation orders 240

Children Act (1989) 294–5

Children and Family Court Advisory Service (Cafcass) 294

Children’s Commissioner 304

circuit judges 453

appeals see civil appeals; criminal appeals; judiciary

citing authorities in court 141–2

Citizens Advice Bureaux (CAB) 705

civil appeals 239–41, 272–3

Access to Justice Act 1999 239–40

Civil Procedure Rules 241–2

destination 240–1

jurisdiction of single judges of High Court 241

right to appeal 240

Supreme Court 242–4

civil courts 229–47

appeals process 239–42

Access to Justice Act (1999) 239–40

Civil Procedure Rules 241–2

Court of Appeal (Civil Division) 238–9, 241

destination of appeals 240–1

High Court judge jurisdiction 241

right to appeal 240

County Courts 233–4

Her Majesty’s Courts and Tribunals Service (HMCTS) 230–2

High Court of Justice 234–8

Chancery Division 236

Chancery Divisional Court 236

Court of Protection 236–8

Family Division 236

Queen’s Bench Division 234–5

Queen’s Bench Divisional Court 235

Judicial Committee of the Privy Council 244–5

magistrates’ courts 232

Supreme Court 242–4

‘very high cost cases’ (VHCC) 693

see also civil process; Court of Justice of the European Union (CJEU); European Court of Human Rights (ECtHR)

Civil Justice Council (CJC) 130

civil law

and common law 4–5

and criminal law 8–19

Civil Procedure Rules 252–3

active case management 255

applications to be made when claims come before judge 260

case control 254–60

case management conferences 284

court and track allocation 261–4

experts 260

fast track 263–4

multi–track 264

overriding objective 253

Part 36 offers 257–9

pre–trial reviews 284–5

settlements 257–9

small claims track 261–3

stays for settlement 257–9

witness statements 260

civil process 249–90

appeals 272–3 see also civil appeals

automatic transfer 269

case control 251–2, 254–60

applications to be made 260

case management conferences 256–7

experts 260

pre–trial reviews 257

stays for settlements 257–9

witness statements 260

costs see costs

court allocation and tracking (CPR) 251–2, 261–4

fast track 263–4

multitrack 264

small claims track 261–3

damages see damages

documentation and procedures 252, 264–71

admissions and part admissions 268–9

allocation questionnaire 269–70

alternative procedure for claims 265

claim form 264–5

default judgment 270–1

defence and automatic transfer 269

response to particulars of claim 267–8

service 268

statement of case 265–6

statements of truth 267

summary judgement 271

new 250–4

achievements of 279–81

Civil Procedure Rules (CPR) see Civil Procedure Rules

overriding objective 253

practice directions 253

pre–action protocols (PAPs) 253–4

part admissions 268–9

particulars of claim 266

procedures 264–71

public and private hearings 271–2

reform, need for 250

reformed 252

remedies 273–4

CJEU 204–10

extent of authority 206

functions 204–10

judgments 197

clerks

barristers see barristers

justices see magistrates

clinical disputes/medical negligence 254

‘closed material procedure’ (CMP) 73

closure of premises 16

CLS Direct 705

Code for Crown Prosecutors 397–8

codification 124–6

cohabitation 301–2

Commercial Rent Arrears Recovery (CRAR) 281–2

Commercial Court 235

committal proceedings 314–15

committals for sentence 315–16

common law 4–5

and civil law 4–5

and equity 5–7

and statute law 7

Common Market Law Reports 140

Community Legal Service (CLS) 697–701

civil legal aid contract 697

CLA fund 700

extension of financial conditions on assisted party 700

financial eligibility test 697–9

funding code 699

relative success of scheme 701

services provided 699

community protection notice 15–16

community remedy documents 17

community resolutions 395

community trigger 16–17

compensation order 313

compensatory damages see damages

complex fraud trials

jury, and 578–80

conciliation 600, 608–12

conditional cautions 397, 493–5

conditional fee arrangements 706–12

advantages 710–11

‘champerty’ 706

disadvantages 711–12

confessions 366–85 see also investigation of crime

involuntary 382–3

solicitor providing something said or done 385

unreliability 384–5

confiscation cases 56–8

Consumer Complaints Service (CCS) 665–6

contempt of court 584–6

contemptuous damages see damages

contextualism 20

contingency fees see conditional fee arrangements

contract

damages in see damages

injunctions see injunctions

mediation see mediation

rescission see rescission

rectification see rectification

specific performance see specific performance

control orders 67–70

derogating 67

maximum length 67

non–derogating 67

conveyancing rights 677

coroners’ courts 333–5

statistics 334

corporate bias 528

corporate killing 129

costs 279

administrative tribunals 639

appeals see civil appeals; criminal appeals

arbitration 626

assessment 279

civil process see civil process

summary assessment 279

fixed 279

mediation, and 607

wasted cost orders 674

see also conditional fee arrangements

Council of Europe conferences 213–14

Council of the European Union 198–200

County Courts 233–4

court dress 530

Court of Appeal

Civil Division 238–9

precedent within courts’ hierarchy 158–62

see also civil appeals

Court of Auditors, EU 2010

Court of First Instance 204–5

Court of Justice of the European Union see CJEU

Court of Protection 236–8

Court Rule Committees 117

Courts and Legal Services Act 1990 677–9

Section 17 677–8

crime see investigation of crime

Crime Survey for England and Wales (CSEW) 339–40

criminal appeals 321–9

case stated 321–2

Crown Court, from 322–9

defence 322–4

prosecution 325–9

rulings short of acquittal 325–6

magistrates’ courts, from 321–2

Supreme Court, to 329

tainted acquittals 325

Criminal Behaviour Order (CBO) 14–15

Criminal Cases Review Commission (CCRC) 330–2

background 330

function 330–1

powers 330–1

criminal courts 309–37

appeals see Court of Appeal; criminal appeals

Crown Court see Crown Court

juries see juries

magistrates’ courts see magistrates’ courts

criminal courts charge 314

Criminal Defence Service (CDS) 701–3

interests of justice test 702–3

criminal justice system 339

aims and objectives 342–3

contemporary issues 342–3

ethnic minorities 474

mistrust of 341–4

criminal law

and civil law 8–19

reverse burden of proof 39

see also criminal courts; investigation of crime

criminal offences 309

non–court disposal of 395–7

critical legal theory 21

Crown Court 318–20

appeals from 322–9

appeals to bail see bail

Crown Prosecution Service, and 400–2

Crown Prosecutors in 400–2

delay and other concerns 319–20

judges 319

jurisdiction 319

prosecution application for retrial 326–9 see also prosecution application for retrial

sending indictable offences to 318

tainted acquittals 325

vs magistrates’ courts 320–1

Crown Prosecution Service (CPS) 391, 392–402

Crown Court, and 400–2

discretion to prosecute 393–5

features 393

independence from police 398

judicial control of prosecution policy 399–400

out of court disposals 395

police, and 398–9

statistics 393

Curia Regis 6

custody officer 367

custom as source of law 178–9

damages 274–7

civil process see civil process

in contract 275–6

measure 276

non–pecuniary loss 276

remoteness 276–7

in tort 276–7

economic loss 277

remoteness 276–7

types of 274–5

aggravated 274

compensatory 274

contemptuous 275

exemplary 274

nominal 275

dangerousness, assessment of 415

declaration, private law remedies 513

declarations of incompatibility under HRA 60–2

deductive reasoning 504–5

defamation

extent of damages see damages

default judgment 265

defence

challenges to jury membership see juries

civil process see civil process

delay

civil process see civil process

delegated legislation 115–23

access to particular expertise 117

accountability 118

advantages in use 117

bulk 118

control of 119–23

disadvantages 118

flexibility 117

HM Treasury v Mohammed Jabar Ahmed 123

judicial control 122–3

Legislative and Regulatory Reform Act 2006 118–19

Parliamentary control over 120–2

scrutiny 118

time saving 117

types 115–17

deputy judges 453

Deputy President of the Supreme Court 453

derogating control orders 67

detention

access to legal advice 369

basic rights during 369

custody officer 368

search on and during 369–70

short of arrest 361–2

time limits 367–8

treatment during 368–70

Dicey, AV 26–8

‘Diplock courts’ 576

Director of Public Prosecutions (DPP) 452

disability and jury service see juries

discharge of jurors see juries

dispersal powers 15

disqualification of jurors see juries

district judges 233, 238, 255, 311, 319, 451, 454

diversity issues

judiciary see judiciary

divorce 301–2

mediation in 606–8

documentation see civil process

domestic tribunals 638

domestic violence 302–3

‘double jeopardy’ rule 19, 326–7

drafting legislation 91–3

acceptability 92

brevity 92

certainty 92

comprehensibility 92

debatability 92

legal compatibility 93

legal effectiveness 92

procedural legitimacy 92

timeliness 92

dress codes see court dress

duty solicitors see solicitors

early neutral evaluation 600

employment tribunals 634–6

enforcement

administrative tribunals 630

enforcement agents (bailiffs) 281

English Reports 138

English Votes for English Laws 85–7

entry and search of premises 351–2

Equal Treatment Directive 207–8

equal treatment training for judiciary see judiciary

equitable remedies 277–9

equity 5–7

equity and common law 5–7

ethnic minorities

criminal justice system, in 471–4

ethnicity

in criminal courts 567–9

defendants 569

judges 486, 487

juries 567–8

recording 345

European Commission 202–4

European Community reports 140

European context 183–228

European Convention on Human Rights (ECHR) 49–51, 210–11

European Union, and 220

European Council 198

European Court of Human Rights (ECtHR) 210–19

admissibility procedure 216

Council of Europe conferences 213–15

court statistics 215

further reform 215

Investigatory Powers Act 2016, and 220–5

judgments 217

margin of appreciation 217–19

priority rules 212

procedure 216

procedure on merits 216–217

proportionality 219

Protocol 14 212–13

structure 215–16

Woolf Report 210–12

European Court Reports 140

European courts

domestic precedent, and 162–5

European Parliament 200–1

powers 200–1

European Union (EU) 81

alternative dispute resolution in 601

Charter of Fundamental Rights (CFREU) 190

development 184

ECHR, and 220

Economic and Social Committee 201–2

European Union Act 2011 194

institutions 197–210

parliamentary sovereignty 190–5

UK’s position in 195

European Union law

decisions 197

directives 196–7

internal treaties 195–6

international treaties 196

opinions 197

recommendations 197

regulations 196

secondary legislation 196–7

sources 195–7

evidence

admissibility see admissibility of evidence

illegally obtained 353

obtained through torture 70–1

see also investigation of crime

ex turpi causa non oritur actio

Supreme Court, and 149

exemplary damages see damages

expert determination (ADR) 600

expert evidence 257

false imprisonment 353

family courts 291–2

future of 304–5

legal aid 295–8

media reporting 299–301

and process see civil process

Family Division 236

Family Drug and Alcohol Court (FDAC) 304–5

Family Justice Council 304

family justice system

reform 298–9

family law

domestic violence 302–3

mediation see mediation

philosophy 301–4

private and public 292–4

see also children

Family Proceedings Court (FPC) 305

fast track and civil process see civil process

fine default powers 316

fines, magistrates’ courts 312

First–tier Tribunal 627

fixed penalty notices 492

fixed–term parliaments 83

force, use of to effect arrest see arrest

forms of action 6

fraud

complex trials 578–80

plea bargaining 412–13

rescission 279

‘very high cost cases’ (VHCC) 693

Free Representation Unit 705

‘freezing orders’ 278

funding of legal services see legal aid

Future Legislation Committee 84

General Council of the Bar 669–70

General Regulatory Chamber 630–1

Glidewell Committee/Report 455

Green Papers 84

Greenpeace 550

Guantanamo Bay, former detainees 69–70

guilty pleas

acceptance by prosecutor 411

unsafe convictions 321

habeas corpus 352

remedies for unlawful arrest 352–4

harassment 9–11, 356

Hart vs Devlin debate 3

Health, Education and Social Care Chamber 631

health and safety offences 634, 711

Her Majesty’s Courts and Tribunals Service (HMCTS) 231

High Court 234–9

appeals from 238, 272

judges 453

judiciary 234

precedent within courts’ hierarchy 166–7

see also civil process

High Court divisional courts

precedent, and 165–6

HM Crown Prosecution Service Inspectorate 402

Home Secretary

abuse of power 522

anti–terrorism laws and procedures review 72–3

ASBOs, proposed replacement of 1

non–derogating control orders 67

right to jury trial, limitations on see juries

right to silence, limitations on see right to silence

telephone tapping 220–1

homicide 128–30

Law Commission reform proposals 129–30

see also sentencing

House of Lords

ASBO proceedings 11–12

constitutional role 440–3

jury trials see juries

lawyers’ immunity from negligence claims 672–7

legislative process 82–90

parliamentary sovereignty 42–3

precedent, and 142–8

reform 90–1

human rights

and anti–terrorism legislation 62–75

Belmarsh cases 63–7

derogating control orders 67

non–derogating control orders 67

rule of law, and 48

use of torture to extract evidence 69–71

see also European Convention on Human Rights (ECHR); European Court of Human Rights (ECtHR); Human Rights Act (HRA)

Human Rights Act (HRA) 49–78

application 54–62

Belmarsh cases 63–7

confiscation cases 56–8

derogation 51–2

doctrine of precedent see precedent

European Convention on Human Rights, and 50–1

judicial interpretation and application 54–75

declarations of incompatibility 60–2

restriction of non–absolute rights and proportionality 55–8

Section 3 powers 58–60

judicial review 521–6

Mendoza v Ghaidan 60

nature of rights under 51–2

politics of 61–2

proportionality 51–2

R v A (2001) 58–9

R v Secretary of State for the Environment, Transport and the Regions ex p Holding & Barnes plc and others 60–1

Re S 59

rights provided under ECHR 50–1

Road Traffic Act 1988 55–6

sentencing, and 413–29

structure 52–4

see also sentencing

human rights discourse

rule of law, and 48

immigration 512

Special Immigration Appeals Commission (SIAC) 63

Immigration and Asylum Chamber 631, 633

immunity

diplomatic 444–6

from negligence claims 672–7

‘cab rank’ 674

collateral attack 674

divided loyalty 673–4

witness analogy 674

judicial 481

indictable offences

sending to Crown Court 318

inductive reasoning 506

ineligibility exceptions, juries see juries

informers 343

injunctions 278, 513

prevention of anti–social behaviour 13–14

Inns of Court 669

inquests 333–5

inquiries see judicial inquiries

Institute of Legal Executives (ILEX) 669

international law, presumption against breaking 114

Internet

jurors’ use of 588–93, 596

as source of law 140

interpretation see statutory interpretation

interrogation 366–85

tape–recording 382

investigation of crime 339–89

confessions and admissibility of evidence 382

oppression 383

unreliability 384

contemporary issues 342–3

contradiction of policies 341–2

mistrust of system 341–4

right to silence see right to silence

tape recordings 382

see also arrest

Investigatory Powers Act 2016

European Union law, and 220–5

Judge in Charge of Administrative Court 447

judges see judiciary

judicial activism

critique of 527–8

judicial appointment 452–70

alternative approaches 469–70

application 456–7

assessment 459

qualifications 453–4

recommendation 460

selection 454–6

Judicial Appointments Commission (JAC) 456–63

application 456–7

assessment 459–60

membership 457

recommendation 460–3

selection 460–3

Judicial College 471–3

Board 472–3

Judicial Committee of the Privy Council 244–5, 329–30

judicial diversity 463–8

gender, significance of 467–8

Lady Hale on 464–5

Lord Sumption on 463–4

statistics 466–7

Taskforce final annual report June 2014 465–6

judicial hierarchy 450–1

judicial immunity from suit 481

judicial impartiality 443–8

potential bias 446–8

judicial independence 45–7

judicial inquiries 534–9

Inquiries Act (2005) 536–9

politics of 534–9

judicial offices 448–52, 470–1

judicial politics 521–39

criticisms 530–4

judicial reasoning 507–12

precedent, logical form of 508–9

and rhetoric 509–12

syllogism 507–8

see also statutory interpretation

judicial review 512–21

Criminal Justice & Courts Act 2015 518–20

damages 513

exclusion of 516–21

‘finality’/‘ouster’ clauses 517

partial exclusion clauses 518

grounds for application 514–16

illegality, irrationality, procedural impropriety 515

procedural ultra vires 515

substantive ultra vires 515

Human Rights Act, and 521–6

prerogative orders see prerogative orders

private law remedies 513

statistics 512

judicial training see judiciary

judiciary 435–501

ability to understand and deal fairly 458

alternative approach to appointment 469–70

appointment 452–70

authority and communication skills 458

conduct 479–81

constitutional role 435–48

corporate bias 532

court dress 530

discipline 479–81

and diversity issues see judicial diversity

equal treatment training 473–7

ethnic minorities 474–7

immunity from suit 481–2

impartiality 443–8

intellectual capacity 457

personal bias 531

personal qualities 458

qualification for office 453–4

retirement 477–9

selection 454–6

training 470–7

juries 543–98

alleged irregularity 587–8

appeals from decisions of 551

Auld Review 582–3

challenges to membership 560–5

cause, for 561

by defence 561–2

peremptory 561

by prosecution 562

civil procedure 571–5

Criminal Justice and Courts Act 2015 593–4

criminal trials 575–6

complex fraud trials 578–80

criticisms of 543–5

decline of jury trials 570–80

defamation cases 571

discharge of jurors 552

disqualification 553–60

either way offences 580–4

evidence to 547–8

excusal 553–60

function in trials 546–52

future reform 580–4

Auld review 582–3

CJA (2003) 583

Criminal Justice (Mode of Trial) Bills 582

ideological power of 595

ineligibility exceptions 553–60

inquest 334

internet, use of 588–93, 596

investigation of behaviour 584–94

juror satisfaction survey 595

liability to serve 553

majority verdicts 551–2

oath 545

PNC checks 558

pressure on 547

public support for 594

racial bias 565–70

racial mix 563–5

role of 545–6

selection 552–65

physical disability 560

significance 543–5

social media, use of 588–93

support for 594

tampering 576–8

vetting 562–3

Justice and Security Act 2013 73–5

justices’ clerks 484

Justices of the Supreme Court 441

juveniles

sentence tariffs 420–2

Lands Chamber (Lands Tribunal) 632

law and logic 503–4

Law Centres 705

Law Commission 124–32

codification 124–6

consolidation 126

failure of implementation, and 129

murder law reform 128–9

reform role 124–32

self–represented litigants 130–2

statute law revision 126–30

law firms 681

law reform 124–32

law reporting 137–42

Law Society 665

legal aid

background 691

CLA fund 700

Community Legal Service (CLS) see Community Legal Service (CLS)

contracting 693–4

controlled and licensed work 692–3

Criminal Defence Service (CDS) 701–3

extension of financial conditions on assisted party 700

family courts, and 295–8

financial eligibility test 697–9

Funding Code 699

Legal Aid Agency 695, 696

legal services provided 699

Magee Review 2009 704

Quality Mark 696

recent challenges to cuts 713–14

reform 691

relative success of scheme 701

unified contract 696

voluntary sector 704–6

Legal Aid Agency 696

civil legal aid contract 697

Legal Complaints Service (LCS) 666

Legal Disciplinary Partnerships (LDPs) 658

Legal Education and Training Review (LETR) 664

legal executives 668

legal offices 452

Legal Ombudsman (LO) 683–4

legal periodicals and newspapers 139

legal positivism 3

legal profession 660

legal services

alternative business structures (ABSs) 685, 686

funding

see conditional fee arrangements; legal aid

Legal Ombudsman (LO) 658

Legal Services Act 2007 658–60

Magee Review (2009) 704

Office for Legal Complaints (OLC) 658

professional etiquette 671–7

statistics 657

Legal Services Commission (LSC) see Legal Aid Agency

legal skills 20

Leggatt Review 628–9

legislation 81–135

amending 94

codifying 93

consolidating 93–4

delegated see delegated legislation

enabling 93

European Union 81

pre–parliamentary process 82–4

primary 81–94

Private Acts 93

Public Acts 93

subordinate see delegated legislation

types 93–4

Legislation Committee 84

Legislative and Regulatory Reform Act 2006 119

legislative process 84–92

committee stage 85

English Votes for English Laws 85–7

first reading 84

Parliament Acts 87–90

report stage 85

second reading 85

third reading 85

life sentences

automatic 413–16

mandatory 413–16

Limitation Act 1980

House of Lords, and 149–51

Lisbon Treaty 185–7

literal rule of interpretation 101–3

litigants in person 130–2, 296–8

‘litigation friend’ 252

Lord of Appeal in Ordinary 453

Lord Chancellor 436–40

constitutional role 436–40

party–political role 436–40

Lord Chief Justice 448–9

Lord Justices of Appeal 453

Lords of Appeal in Ordinary 450

Magee Review (2009) 704

magistrates 482–97

accountability 496–7

age profile 488

appointment 485–8

future of 488–90

and justices’ clerks 483–4

out of court disposal of criminal offences 492–6

public, and 496–7

sentencing power 490

statistics 482

training 482–3

trial by single justice on papers 490–2

magistrates’ courts 311–18

appeals from 321–2

civil jurisdiction 232

clerk 313

Crown Courts, and 318, 320–1

fine default powers 316

indictable offences

committals for sentence 315–16

sending to Crown Court 318

offences triable ‘either way’ 314–15

sentencing 312, 315–16

statistics 311

summary trial 311–14

warrant execution 313, 316

workload 311

Youth Courts 316–18

majority verdicts see juries

mandatory life sentence 413–15

marriage 301–2

Master of the Rolls 449

McKenzie friends 297–8

Med–Arb 600

media reporting, family courts 299–301

mediation 600, 604–8

costs, and 607

in divorce 606–8

medical negligence/clinical disputes 254

mens rea 110–11

Ministry of Justice

work of 340–1

miscarriages of justice 332–3

modern reports as source of law 138

morality 2–3

and law 2–3

of law makers 4

legal enforcement: Hart vs Devlin debate 3

murder

mandatory life sentence 413–15

Nadir, Asil 403–4

National Mediation Scheme 605

natural law 3

nature of law 2–4

negligence

clinical disputes 254

economic loss 277

immunity from claims 672–7

remoteness of damage 276–7

neutral citation 140–1

neutral fact finding 600

newspapers 139

‘no win, no fee’ arrangements see conditional fee arrangements

nominal damages see damages

non–derogating control orders 67

Norwich Pharmacal orders (NPOs) 73–4

obiter dictum 167

offences triable ‘either way’ 314–15

offensive weapons 344

Office for Judicial Complaints (OJC) 460

Office for Legal Complaints (OLC) 658

Ombudsman 601, 641–53

case studies 644–51

Channel Tunnel Rail Link 644–5

Equitable Life: regulatory failure 647–51

final salary pensions 645–7

evaluation 651–3

procedure 642–4

oppression

admissibility of evidence, and 383

Orders in Council 115–16

PACE see under investigation of crime

paramountcy principle 294–5

Parliament

European 200–201

fixed–term 83

Parliament Acts 87–91

Jackson v HM Attorney General (2005) 88–9

Parliamentary Commissioner for Administration (PCA) see Ombudsman

parliamentary reform 90–1

White Paper 90–1

parliamentary sovereignty 42–5

and EU 42, 190–5

European Union Act 2011 43

R (Evans) v Attorney General (2015) UKSC 21 44–5

Parole Board 418

particulars of claim (civil process) see civil process

partnerships

barristers 671

penalty notices for disorder 395, 493

personal injury claims

pre–action protocols (PAPs) 253–4

physical disability and jury service see juries

Pinochet case 443–6

plea bargaining 410–13

plea before venue 314

police

and Crown Prosecution Service (CPS) 398–9

power of arrest 352–66

Police and Criminal Evidence Act 1984 343–4

police bail 404–5

police national computer (PNC), jury checks 558

police station, searches at 369–70

police station, treatment and questioning at 369–70

politics

of judiciary see judiciary

practice directions 256 see also civil process

pre–action protocols (PAPs) 253–4

precedent 137, 142–68 see also case law

binding 167–8

Court of Appeal 158–62

distinguishing 173

European Courts, and 162–5

hierarchy of courts, and 142–67

High Court 166–7

High Court divisional courts 165–6

House of Lords, and 142–8

overruling 169–73

practical importance 176–7

Supreme Court see Supreme Court

premises

entry and search of 351–2

search order (Anton Piller order) 278

prerogative orders 513–14

mandatory order 514

prohibiting order 514

quashing order 514

President of Family Division of High Court 449

President of Queen’s Bench Division 449

President of the Supreme Court 449

presumption of innocence 190, 367, 379

presumptions see under statutory interpretation

Prevention of Terrorism Act (2005) 67

primary legislation see legislation

prisoners’ right to vote 429–30

private law 7–8

Private Members’ Bills 83–4

private prosecutions 19, 392

private reports as source of law 138

professional etiquette 671–7

professional regulations 117

Property Chamber 632

proportionality

European Court of Human Rights (ECtHR) 219

judicial review 515

restriction of non absolute rights 55–6

prosecution 391–433

acceptance of pleas by prosecutor 411

advance indication of sentence 410–11

discretion 393–5

forms of 392

judicial control of policy 399

out–of–court disposals 395

plea discussions in serious fraud cases 411

prosecution application for retrial 326–9

Court of Appeal, determination by 328

interests of justice 328–9

new and compelling evidence 328

prosecutor’s application 327–8

Protection from Harassment Act 2012 9–10

Protection of Freedoms Act (2012) 72

Public Access scheme (formerly BarDIRECT) 671

Public Defender Service (PDS) 703–4

public law 7–8

public spaces protection order 16

QualitySolicitors franchise 659

Queen’s Bench Division 234–5

Queen’s Bench Divisional Court 235

Queen’s Counsel (QCs) 670

R v (Miller) v Secretary of State for Exiting the European Union 45

racial bias

juries, in 565–70

ratio decidendi 167

Raz, J 30–1

reasoning see also judicial reasoning

analogy, by 506–7

rescission 279

recorders 454

rectification 278–9

Registrar of Criminal Appeals 694

Regulation of Investigatory Powers Act 2016

critique of 222–5

remedies

enforcement of 281–2

unlawful arrest 352–4

reprimands for young offenders 318, 493

rescission 279

restriction of non–absolute rights 55–6

rhetoric and judicial reasoning 509–12

right of audience see audience, right of

right to jury trial see juries

right to silence 370–82

courts, in 374–6

directions to jury 379–82

duties to answer 372

limitations 376–9

what can be said in court 372–4

Royal Commission on Criminal Justice (Runciman Commission) 124, 330, 374–6, 544–5, 563–4

juries see juries

rule of law 25–78

AV Dicey on 26–8

and contemporary form of law 32–4

EP Thompson on 29–30

FA von Hayek on 28–9

human rights and 47–8

Joseph Raz on 30–1

and judiciary 34–47

Lord Bingham on 34–4

M Weber on 32

R Unger on 31–2

same–sex marriage 60, 159, 207, 304

search

order (Anton Piller order) 278

police station, at 369–70

of premises, entry and 350–1

stop and 343–52

see also under arrest

second appeals test 240

self–represented litigants 297

senior judicial positions 454

Senior Presiding Judge for England and Wales 484

sentencing

advance indication 410–11

automatic life sentences 413–15

assessment of dangerousness 415

mandatory life sentences in relation to murder 416–18

plea bargaining 410–13

political issues 418

sentence tariffs 418–29

15–year minimum 427

adults 422–9

attracting 30–year minimum sentence 427

Hindley case 422–3

human rights, and 413–29

indeterminate sentences 415–16

juveniles 420–2

life sentence levels 427–8

Reyes 419

Venables and Thompson 421–2

whole life sentences starting point, when 427

unduly lenient 325, 428

separation of powers 41–2

Constitutional Reform Act 2005 41–2

Serious Crime Prevention Orders (SCPOs) 11

serious fraud cases

plea discussions in 411–12

settlements and civil process 257–9

sex discrimination 207–10

see also diversity issues

Sharia law 624

SIAC hearings 64–5

silence, right to see under investigation of crime

simple cautions 374, 493–5

skills 22–23

small claims 261–3

county courts 233–4

Social Entitlement Chamber 631

social media

jury, and 588–93

Solicitor General 452

solicitor–advocates 678–9

solicitors 661–7

Code of Conduct 666

continuing professional development (CPD) 664

court dress 530

employed 681

fees 663

immunity from negligence claims 672–7

Law Society 665–7

Legal Complaints Service (LCS) 666

Legal Ombudsman 666–7

LETR 664

monopolies 681–3

partnerships 680–1

QualitySolicitors franchise 659

rights of audience 678–9

training 661–4

see also Legal Education and Training Review (LETR)

Solicitors’ Disciplinary Tribunal (SDT) 667

Solicitors Regulation Authority (SRA) 665

sources of law

books of authority 177–8

custom 178–9

European Union (EU) 195–7

see also case law; legislation

special advocates 63

Special Immigration Appeals Commission (SIAC) 68

specialist reports as source of law 139–40

specific performance 277–8

Stafford, Derek 424–5

‘stalking’ 9–10

standard of proof 8–9

civil vs criminal law 8–9

vs burden of proof 9

stare decisis 137

statement(s)

of case 265–6

of truth 267

witness 260

statute law and common law 7

statute law revision 126–30

bills of sale 127

firearms 127

land registration 127

mental capacity and detention 127

protecting consumer prepayments 127

sentencing procedure 127

Welsh Government, and 127

wills 127

statutory instruments 116

statutory interpretation

aids to construction 107–9

extrinsic assistance 107–9

intrinsic assistance 107

approaches to 95–101

literal 95–6

purposive 96

updating construction 97–101

golden rule 103–5

narrow meaning 104

wider meaning 104

presumptions 109–15

against alteration of common law 109–10

against application to Crown 114

against breaking international law 114

against deprivation of liberty 114

against retrospective effect of new law 112–14

mental element required for criminal offences 110–12

words taking meaning from context in which used 114–15

problems in interpreting legislation 94–5

rules of 101–7

golden 103–5

literal 101–3

mischief 105–7

relationship between 106–7

Stephen Lawrence case 19

stop and search 344–52

Code of Practice 345–6

Criminal Justice and Public Order Act 1984 347–9

recording requirements 345

Terrorism Act 2000 350–1

summary assessment 279

summary judgment 271

summary trial, magistrates’ courts 311–14

supremacy of ordinary law 27

Supreme Court 142–58

appeals 242–4, 329

appointment to 460–3

constitutional role 440–3

current membership 463

decisions 142–8

ex turpi causa non oritur action, and 149

HRA and ECtHR, impact on doctrine of precedent 151–3

mistakes made by 153–8

precedent within courts’ hierarchy 151–3

President and Deputy President 449

syllogism 505

tape recordings 382

interrogation, of 382

Tax Chamber 632

Tax and Chancery Chamber 632

telephone tapping 220–2

Terrorism Prevention and Investigation Measures Act 2011 72

terrorism/counter–terrorism

jurors’ fear of reprisals 546

membership of proscribed organisation 100, 343

stop and search see stop and search

ultra vires, case study 123

‘very high cost cases’ (VHCC) 693

see also human rights, and anti–terrorism legislation

Thompson, EP 29–30

tort, damages in 276–7

torture, use of to extract evidence 70–1

training

barristers 669

judiciary 470–7

solicitors 661–4

see also judicial training; Legal Education and Training Review (LETR)

youth court 317

transnational firms 680–1

Treaty of Nice 185

Treaty on European Union (TEU) 187–9

Common Foreign and Security Policy 189

common provisions 187–8

democratic principles 188

enhanced co–operation 189

final provisions 189

institutions 188

Treaty on the Functioning of the European Union (TFEU) 189–90

tribunals

Her Majesty’s Courts and Tribunals Service (HMCTS) 231

Solicitors’ Disciplinary Tribunal (SDT) 667

see also administrative tribunals

ultra vires

case study 123

grounds for judicial review 515–16

unduly lenient sentencing 325, 428

Unger, R 31–2

unlawful arrest, remedies 352–4

unsafe convictions 322–3

Upper Tribunal 634

utility regulators 601

‘very high cost cases’ (VHCC) 693

video recordings 351

violent offender orders (VOOs) 11

Voice of the Child sub–committee 303

voluntary sector 704–6

von Hayek, FA 28–9

voting right of prisoners 429–30

War Pensions and Armed Forces Compensation Chamber 632

warnings to young offenders 318, 395

warrant

arrest under 354

arrest without 357–8

execution 316

telephone tapping 220–1

Weber, M 32

Weekly Law Reports (WLR) 139

wigs 244, 329, 436, 456, 530, 672

witness analogy 674

witness statements 260

witnesses

accuracy of testimony 320

anonymous 324

conditional fee arrangements, disadvantages of 711

coroner’s 335

fresh evidence 324

immunity 482

judicial inquiries 535

statements 260

Woolf, Lord

reform of civil process, and 250

sentencing, on 426

Woolf Report 211–12

European Court of Human Rights, and 211–12

Year Books 138

young offenders, reprimands and warnings 488

youth cautions 396

youth conditional cautions 396

Youth Courts 316–18