Children are meant to be represented buy an adult it is a closed court – No spectators Sentences are not the same as adults Detained by her majesties pleasure Shouldn't be said as a specific time R v Thompson & Venables – 8 year detention, in 1994 their sentence was increased to 15 years. They should get the adult sentence but no more – conclusion. Appealed in 1997 – Sentence should have right to early release. 1. A Juvenile charged with murder must be charged in the Crown Court 2. A juveniles charged with an offence for which an adult could be sentenced for 14+ years maybe tried in the Crown court to the seriousness of the crime.
3. A juvenile who commits an offence with an adult can be tried in the magistrate's court. Sentences Available Unlike adults, the courts have limited ability to send young offenders to prison. The main sentences available include: – 1. Detain at her majesties pleasure – young offenders centre 2. Detention and training order – 12 to 17 year olds and lasts between 4 and 24 months 3. Community Sentence – high level of supervision 4. Supervision Order – up to 5 years 5. Attendance centre order – for under 16's between 12 and 24 hours. 16 to 21 its 36 hours 6. Curfew orders – up to 6 months for 16- and up to 3 years for 16.
7. Reparation Orders – just pay for what you have done. Payment to victim, letter of apology, or goes to repair the damage. Remedies to tort Civil Remedies For the tort of negligence related to personal injuries and loss of personal property the civil courts deal with 2 main remedies: – 1. Damages 2. Injunctions (much lesser extent) Types of damages Non compensatory damages – Not important in defamation cases – Not in relation to the victim. Not based on compensation to victim. 1. Compensatory damages – Courts award lowest denomination.
Nominal Damages – Not real damages done, damages given in small amount 3. Exemplary damages – Awarded damages for in extent of actual damage to victim Compensatory Damages A victim who successfully proves negligence will primarily be seeking damages from the defendant. The calculation of these damages is extremely complicated. It involves considering different types of loss. For example, Pain, suffering, loss of earnings etc… it includes considering different time frames for example, the loss of earnings due to disability. To arrive at a damages figure the cost relay heavily upon the experiences of previous courts.
To a certain extent the value of the loss of a limb can be assessed by a tariff, but issues of pain and suffering are down to individual cases. The process 1. Mitigation The civil courts will assume the claimant did every thing in their power to limit the impact of the defendant's negligence, typically seeking medical attention as soon as possible and completing the course of treatment. E had sterilising treatment performed by EAH – became pregnant and sued for cost and experience of unwanted pregnancy. EAH claimed mitigation – could have gone and had abortion
Appeal said not reasonable for E to have a termination. 2. Financial stage – Pecuniary stage Pre-trial expenses – medical & loss of earnings/property Expenses incurred by another – Family – carer Examples: – Donnelly v Joyce 1972 D child's mother incurred expenses for looking after child. Question – do you claim yourself or as well as Answer – COA put as part of same claim Hunt v Smevers 1994 H girlfriend a passenger on bike – after accident H went to live with boyfriend S (became carer) 3 years later married. Put claim of 75,000 against S for him – incurred by another.
Claiming against defendant for the care as the claim was appealed – HOL ridiculously – carer was also defendant cannot claim fort the cost of care Loss of earnings Actual loss of earnings up to the point of hearing is based on the real figures. Future loss of earnings requires a calculation on set figures which courts must apply. Immunity = Net Annual X 3% Multi X Interest X 60% For life Loss Financial Charge multiplier Future loss of earnings Doyle v Wallace 1998 the defendant was injured in a car accident – Couldn't do chosen work (drama teacher) Now in clerical work
Estimated a 50% chance of achieving goal job. Assumed earnings of 1/2 between clerical and drama – annual earnings. Non Pecuniary damages 1. Primary injuries – Tariff (look in book) 2. Pain and Suffering – Pain in future (Extent of injuries/length of time in supervision/increased disability in future) i?? If a coma at any stage it is impossible to claim for pain & suffering as can't feel it (but can claim for loss of earnings) 3. Loss of amenity – won't be able to do because of injuries – Grandchildren etc… Life expectancy may be reduced through injuries.
Having calculated the pecuniary and non-pecuniary loss of the claimant the court awards a sum of money based on the claimant's lifetime. This has the advantage that if the claimant's circumstances change, the damages cannot be reassessed. E. g. at the time the damages where set, the court believed that the claimant may need a walking stick in later life due to the injuries sustained. In 10 years time after damages the claimant ends up in a wheel chair, the damages cannot be reassessed. Injunctions This is described as an equitable remedy.
It is awarded by the court when it is just and convenient to do because damages are considered inadequate. In the normal cause of events injunctions will not be considered until the court is satisfied that all aspects of damages have been dealt with. Mandatory injunctions: – Redland brick Ltd v Morris 1970 M's home slipped into the hole made by RB. M claimed negligence and wins. Claimed for damages to fix his home. Gets an injunction to stop it again. RB appeals saying that propping up his land would cost more than the land was worth. Went to HOL:
Mandatory injunction should only be awarded where damages were not adequate to compensate the claimant. 2. Where the defendant had acted reasonably but wrongly an injunction may not be granted if the cost of the injunction was unrealistic. 3. If the defendant acted unreasonably and in particular if the defendant tried to gain an advantage over the claimant or court the cost of carrying out the injunction would not be taken I to account. Redland Brick Ltd won. Interlocutory Injunctions These are more difficult to obtain as they attempt to stop action before any damage has occurred.
The claimant must prove to the court that there is a serious risk that damage will occur without the injunction. On the other hand, if the defendant can prove that no damage would have occurred the court may award damages against the claimant. Other sources of compensation So far we have assumed that a victim of crime or negligence may be able to claim compensation through the civil courts. In practice this may be impossible or impractical. 1. The person(s) responsible for the negligence may be unknown. E. g. 'hit and run' driver 2.
The person(s) may be known but it is difficult to identify where the blame lies Herald of free enterprise 3. The defendant may be liable but in no financial position to pay damages if they are awarded against him. 4. No legal aid for personal injuries except in medical negligence. Conditional fees known as 'No win, No fee' are only taken on when there is a very high likelihood that the claimant will succeed. Other Sources of compensation 1. State funded sources – Industrial injuries scheme are paid out of tax payer's money. Used in work cases.
No payment is received for the first 15 weeks. 1 off payment for long term. 2. Criminal Injuries Compensation Board (CICB) – Ranges from 250,000. claim up to an additional 30,000 for loss of earnings 3. Insurance Companies – At work – Employers Liability Act 1969 Roads – Road Traffic Act 1988 Motor Insurance bureau 4. Following a highly publicised accident, funds are set up so that the public can contribute. Sometimes these funds can amount to 100's and 1000's of pounds resulting in significant payments for individual victims.