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Archive for August, 2015

Better Training of Magistrates Could Prevent “Venue Shopping”

August 19, 2015 by Kelly No Comments »

According to the Law Society, magistrates should be better-trained when it comes to understanding their own powers and accurately apply sentencing guidelines. This, the Society said, could help put an end to a current practice of “venue shopping” among defendants for courts where they are likely to receive a more lenient sentence.

These statements were made in response to a consultation by the Sentencing Council, which set out to examine the matter of whether certain cases should fall to magistrates’ courts or the Crown courts. Better-training magistrates in these areas would, the Society suggested, reduce the risk of cases falling to the Crown courts “inappropriately.”

The reasoning behind this is based on what the Law Society describes as “a common perception of defence practitioners” about the ways in which certain cases are handled. Specifically, it relates to those cases which fall outside of definite Crown court or magistrates’ court territory, and therefore could fall to a court of either type depending on the individual circumstances of the case. Because of the different types of case that the two court types handle, the Society said, it is widely believed that many of these offences are seen as being “very much at the lower end of the seriousness spectrum” by judges in the Crown courts but are seen as much more serious by magistrates.

The result of this is that defendants stand to benefit from being sent to a Crown court in order to have their case heard rather than appearing before a magistrate, as they are likely to receive a more lenient sentence. Knowing this, defendants and their professional counsel may employ a number of methods in order to try and sway the decision of where the case will be heard towards the crown courts.

For this reason, the Law Society said: “There is a need for training for magistrates in the correct application of the sentencing guidelines aimed at eliminating or reducing disproportionate sentencing so that defendants do not ‘venue shop’.”

Alongside the call for improvements in the training magistrates receive with regards to sentencing guidelines, the Society also called for a number of other improvements to practice when it comes to deciding where cases will be heard and sentenced. The Society said that it is “preferable” that sentencing is handled by the same court that hears the case, as “the defendant’s demeanour during the trial may have a significant impact on the sentencing decision.” Furthermore, the Society revealed proposed new guidelines to ensure young offenders are only sent to Crown courts “where it is essential to the interests of justice, irrespective of adult co-defendants.”

 

What is a Statute of Limitations on a Personal Injury Case?

August 14, 2015 by admin No Comments »

Personal injuries are injuries suffered because of another person’s negligence or intent to cause harm. When this kind of injury happens to you or a loved one, then you have a few options for making a case. It’s important to avoid running out of time to do so, since the statute of limitations in some places like Oregon USA could result in you being unable to claim compensation if you wait too long.

What Is the Statute of Limitations?

A statute of limitations is essentially a limit that has been placed by the state for the length of time you’re allowed to file a claim after you’re injured.

An action or claim must be made within the statute of limitation’s time frame to make it legal. If after the limited time runs out a patient still hasn’t filed a lawsuit, then the case will most likely be unable to be taken to court.

Typically, the state of limitations begins from the moment of injury. With medical injuries, the law is slightly different and states that the statute of limitations doesn’t begin until a person realizes he has been injured.

How Long Is the Statute of Limitations for Personal Injury in Oregon?

After you suffer an injury, you have a limited time to file your lawsuit; in Oregon, the limit is two years for most injuries unless they’re based on fraud or deceit, in which case the limitation only begins once the patient discovers the fraud or deceit.

With most typical injuries, you’d know you were hurt right away. That means from the moment of injury, you’ll have two years to file a claim. In medical cases, patients have two years following the discovery of the injury, but most cases must be launched within five years. There is a loophole in which patients can file a case after five years has passed if there was fraud, deceit, or misrepresentation. In that case, the patient has two years from the date when that was discovered.

This could result in claims decades after an injury and makes it possible for those injured years before to file claims when they’ve been mistreated or lied to. An Oregon personal injury attorney would be able to look at a case and see how it falls within the regulations of a statute of limitations.

What Are the Lawsuit or Settlement Options?

Once you’re in a position to file a claim within the statute of limitations, there are generally two kinds of options. You’ll likely either receive a settlement offer or take your lawsuit to court.

A formal lawsuit requires you to present your proof of negligence and other information to help a judge decide on your right to compensation. You may have a trial with a jury in some cases, but it’s up to you to make sure your complaint is clear and entered into court. Unlike a criminal case, which is filed by the government, you must file a personal injury lawsuit on your own.

With an informal settlement, your attorney and the defendant’s attorney may discuss the case and propose a settlement. In reality, most disputes for injuries are resolved without heading to court through this process of negotiation.

You don’t have to accept a settlement, but if you do go to court you need to remember that it’s up to the judge to decide how much money you’ll be awarded, while a settlement is designed to be straightforward without a judge or jury’s input.