The English Legal System by Slapper, Gary -- Read -- Imperial Library of Trantor

Index

Cover Half Title Title Copyright Dedication CONTENTS Preface The English legal system – an overview Acknowledgements Guide to using the book Guide to the companion website List of figures Table of cases Table of statutes Table of statutory instruments Table of European legislation List of abbreviations 1 LAW AND LEGAL STUDY

1.1 Introduction 1.2 The nature of law 1.3 Categories of law 1.4 Approaches to law and legal study 1.5 Skills

2 THE RULE OF LAW AND HUMAN RIGHTS

2.1 Introduction 2.2 The rule of law 2.3 The rule of law and the judiciary 2.4 Human Rights discourse and the rule of law 2.5 The Human Rights Act 1998

3 SOURCES OF LAW: LEGISLATION

3.1 Introduction 3.2 European Union 3.3 Primary legislation 3.4 Statutory interpretation 3.5 Delegated or subordinate legislation 3.6 Law reform: the role of the Law Commission

4 SOURCES OF LAW: CASE LAW

4.1 Introduction 4.2 Precedent 4.3 Law reporting 4.4 Precedent within the hierarchy of the courts 4.5 Binding precedent 4.6 Advantages of case law 4.7 Disadvantages of case law 4.8 The practical importance of precedent 4.9 Books of authority 4.10 Custom

5 SOURCES OF LAW: THE EUROPEAN CONTEXT

5.1 Introduction 5.2 Sources of European Union law 5.3 The institutions of the European Union 5.4 The European Court of Human Rights 5.5 The European Convention and the European Union 5.6 A case study: the genesis of the Investigatory Powers Act (IPA) 2016

6 THE CIVIL COURTS

6.1 Introduction 6.2 Her Majesty’s courts and tribunals service 6.3 Magistrates’ courts 6.4 The County Court 6.5 The High Court of Justice 6.6 Appeals from the High Court 6.7 The Court of Appeal (Civil Division) 6.8 The appeal process 6.9 The Supreme Court 6.10 The Court of Justice of the European Union and the European Court of Human Rights 6.11 Judicial Committee of the Privy Council

7 THE CIVIL PROCESS

7.1 Introduction 7.2 The need for reform 7.3 The civil process 7.4 Case control (CPR Part 3) 7.5 Court and track allocation (CPR Part 26) 7.6 Documentation and procedures 7.7 Public and private hearings (CPR Part 39) 7.8 Appeals (CPR Part 52) 7.9 Remedies 7.10 Damages 7.11 Equitable remedies 7.12 Costs (CPR Parts 44–48) 7.13 What has the replacement system achieved? 7.14 Enforcement of civil remedies

8 THE FAMILY COURTS AND PROCESS

8.1 Family courts 8.2 Private and public family law 8.3 The Children Act 1989 and the paramountcy principle 8.4 Legal aid and the family courts 8.5 Reformation of the family justice system 8.6 Media reporting in the family courts 8.7 Family law and philosophy 8.8 The future of the family courts

9 THE CRIMINAL COURTS

9.1 Introduction 9.2 Magistrates’ courts 9.3 The Crown Court 9.4 Magistrates’ courts v Crown Courts 9.5 Criminal appeals 9.6 Criminal appeals to the Supreme Court 9.7 Judicial Committee of the Privy Council 9.8 Criminal Cases Review Commission 9.9 A miscarriage of justice: some lessons for the criminal justice system 9.10 Coroners’ courts

10 THE CRIMINAL PROCESS: (1) THE INVESTIGATION OF CRIME

10.1 Introduction 10.2 Mistrust of the system 10.3 Stop and search 10.4 Arrest 10.5 Interrogation, confession and admissibility of evidence

11 THE CRIMINAL PROCESS: (2) THE PROSECUTION

11.1 Introduction 11.2 The Crown Prosecution Service 11.3 Bail 11.4 Plea bargaining and related issues 11.5 Where a prosecution succeeds: sentencing and the Human Rights Act

12 THE JUDICIARY

12.1 Introduction 12.2 The constitutional role of the judiciary 12.3 Judicial offices 12.4 Appointment of the judiciary 12.5 Training of the judiciary 12.6 Retirement of judges 12.7 Judicial conduct and discipline 12.8 Judicial immunity from suit 12.9 Magistrates

13 JUDICIAL REASONING AND POLITICS

13.1 Introduction 13.2 Law and logic 13.3 Reasoning in general 13.4 Judicial reasoning 13.5 Judicial review 13.6 Politics and the judiciary 13.7 Politics of the judiciary

14 THE JURY

14.1 Introduction 14.2 The role of the jury 14.3 The jury’s function in trials 14.4 The selection of the jury 14.5 Racial bias in juries 14.6 The decline of the jury trial 14.7 Future jury reform 14.8 Investigation of jury behaviour 14.9 Conclusion

15 ARBITRATION, TRIBUNAL ADJUDICATION AND ALTERNATIVE DISPUTE RESOLUTION

15.1 Introduction 15.2 Mediation and conciliation 15.3 The courts and ADR 15.4 Arbitration 15.5 Administrative tribunals 15.6 Ombudsman

16 LEGAL SERVICES

16.1 Introduction 16.2 The legal profession 16.3 Solicitors 16.4 Barristers 16.5 Professional etiquette 16.6 The Courts and Legal Services Act 1990

17 THE FUNDING OF LEGAL SERVICES

17.1 Introduction 17.2 Background to recent changes 17.3 The legal aid scheme 17.4 The Legal Aid Agency 17.5 The Community Legal Service 17.6 The Criminal Defence Service 17.7 Public Defender Service 17.8 The Magee Review 2009 17.9 The voluntary sector 17.10 Conditional fee arrangements 17.11 Recent challenges to legal aid cuts

General legal websites for the English legal system General reading Index