2 - Courts and Tribunals System

Question 1

What is the standard and burden of proof in criminal law?

Answer 1

Standard of Proof: The level of certainty required to prove a case is “beyond reasonable doubt.”
Judges explain this as “satisfied so you are sure.”

Burden of Proof:
The prosecution (initiator of the action) bears the burden of proof.
They must prove the case beyond reasonable doubt.
The defendant, with some exceptions, does not have to prove anything.

Question 2

Who are the parties to a case in criminal proceedings?

Answer 2

Prosecution: Represented by the Crown.
Initiated by the Crown Prosecution Service (CPS), which operates independently from the police.
Other governmental agencies (e.g., Health and Safety Executive) can initiate prosecutions in specific situations.

Defendant: Can be an individual or a legal person (e.g., companies).

Question 3

What happens if a defendant pleads guilty or not guilty?

Answer 3

Pleading Not Guilty:
- The case proceeds to trial.
- The court’s decision is called a ‘verdict’—either ‘guilty’ or ‘not guilty.’
- If found guilty, the court imposes a ‘sentence’ (imprisonment or fine).

Pleading Guilty:
- The court proceeds directly to sentencing.
- The defendant is treated as convicted and cannot appeal the conviction, but may apply to “vacate” the plea in certain circumstances.

Question 4

What is the Magistrates’ Court and its functions?

Answer 4

Lowest Level of Court: Virtually all criminal cases start here; around 95% end here.

Jurisdiction:
Tries all summary offences (minor offences) and some triable either way offences (mid-range offences).
Has some civil jurisdiction.

Sentencing Powers:
Can impose unlimited fines and/or a maximum prison sentence of six months for a single offence.
If unable to try the case, the magistrates commit the defendant to the Crown Court for trial or sentencing.

Question 5

What is the Crown Court and what types of cases does it hear?

Answer 5

Senior Court of First Instance: Handles serious criminal cases.

Types of Offences:
Hears “indictable only” offences (too serious for Magistrates).
Also hears ‘either way’ offences transferred from Magistrates’ Court.

Trial Process:
Trials generally involve juries.
Administered by HM Courts and Tribunals Service.

Question 6

How do appeals work from the Magistrates’ Court?

Answer 6

Defendant’s Appeal:
A convicted defendant can appeal to the Crown Court against their conviction, sentence, or both.
The appeal is heard ‘de novo,’ meaning it is reconsidered as if it were a new trial, with all evidence and witnesses examined again.

Prosecution Appeal:
The prosecution does not have the right to appeal against acquittal or against sentences deemed too lenient.

Legal Flaws: Either party can appeal to the Administrative Court if they believe there was a legal error (known as an appeal ‘by way of case stated’).

Question 7

What is the process for appeals from the Crown Court?

Answer 7

Defendant’s Rights:
A defendant convicted and sentenced in the Crown Court can appeal to the Court of Appeal against their conviction, sentence, or both, but must obtain permission.

Prosecution Appeals:
The prosecution may appeal to the Court of Appeal with the Director of Public Prosecutions’ consent against an acquittal for serious offences or against sentences that are considered unduly lenient.

Question 8

What are the grounds for appeal against conviction?

Answer 8

Permission to Appeal: Required; the decision is made by a single Judge, who assesses whether to grant permission.

Court of Appeal’s Role: Quashes convictions if found “unsafe,” meaning the conviction is not reliable.
The Court hears oral arguments but does not re-examine evidence.

Common Arguments: New evidence that may impact the conviction, errors in the trial process, or misdirections of law by the trial judge.

Question 9

What are the grounds for appeal against sentence?

Answer 9

Common Reasons for Appeal:
- The sentence is not justified by law (the judge made an error).
- It was based on an incorrect version of the evidence.
- Irrelevant matters were considered in the sentencing decision.
- The judge misapplied or did not sufficiently weigh the sentencing guidelines.

Permission Required: Necessary for all appeals against sentence.

Question 10

What is the process for appeals from the Court of Appeal to the Supreme Court?

Answer 10

Application for Permission: Either the defendant or prosecution can apply for permission to appeal to the Supreme Court.

Public Importance Test: The Supreme Court will only hear appeals certified as involving a “point of law of general public importance,” a test that is rarely met in individual criminal cases.

Question 11

What is the Judicial Committee of the Privy Council?

Answer 11

Final Appeal Court: Serves as the last resort for UK overseas territories, Crown dependencies, and some Commonwealth countries.

Composition: Composed of senior judiciary members, often from the Supreme Court or other jurisdictions.

Role: Advises the Crown, and while decisions are not binding on English courts, they can be highly persuasive and viewed as authoritative due to the people who sit in the PC being highly regarded.

Question 12

What is the Criminal Cases Review Commission (CCRC)?

Answer 12

Function: Reviews alleged miscarriages of justice, ensuring fairness in the legal process.

Powers: Can refer cases back to the Court of Appeal if there’s a “real possibility” of overturning a conviction or sentence.

Referral Conditions: Must identify new evidence or legal arguments not previously considered, although it may refer cases under “exceptional circumstances” even without new evidence.

Question 13

What is civil law?

Answer 13

• Civil law regulates the legal relationship between private parties, which can be individuals or legal persons, such as companies.
  0 Legal relationships may arise from contracts (e.g., employment contracts) or duties of care (e.g., doctor-patient).
• The government can be involved in civil cases as a claimant or defendant but does not prosecute them.

Question 14

Who are the parties in civil law proceedings?

Answer 14

The parties to a civil case are the claimant and the defendant.
The court’s decision in a civil case is referred to as its “judgment.”

Question 15

What is the standard and burden of proof in civil law?

Answer 15

• The standard of proof in civil proceedings is “on the balance of probabilities,” which is lower than the criminal standard of “beyond reasonable doubt.”
• The burden of proof is generally on the claimant, meaning they must satisfy the court that they are “more likely than not” to be correct.
• If the claimant proves their case to 51%, it will succeed; if only to 50%, it will fail.

Question 16

What are some examples of civil law cases?

Answer 16

Examples of civil law cases include:
- Personal injury cases (e.g., road traffic accidents, slips, trips, and falls).
- Clinical negligence and professional negligence cases.
- Breach of contract cases (e.g., unpaid debts).
- Employment law cases (e.g., discrimination).
- Family disputes (e.g., divorce, child custody).

Question 17

Can a defendant face both civil and criminal liability?

Answer 17

A defendant can face both criminal and civil proceedings from the same incident.

For example, if a defendant causes serious injury while driving dangerously, they could be prosecuted for careless driving and also face a civil claim for damages.

Question 18

Where do most civil claims start?

Answer 18

Most civil claims start in the County Court; higher value claims (generally above £100,000) begin in the High Court.

There are four tracks for cases in the County Court based on financial value and complexity:
- Small claims track (less than £10,000 or £1,000 for personal injury).
- Fast track.
- Intermediate track.
- Multi-track.

Question 19

What are the different levels of judges in the County Court?

Answer 19

There are three levels of judges in the County Court:
- Deputy District Judges (DDJs): the most junior, often paid a daily rate.
- District Judges (DJs): the next level, handling procedural work and some final hearings.
- Circuit Judges (CJs): the most senior judges, hearing complex cases and appeals from DJs and DDJs.

Question 20

What is the process for appealing decisions from the County Court?

Answer 20

• Appeals against decisions by DDJs or DJs remain in the County Court, decided by a Circuit Judge.
• Circuit Judge decisions can be appealed to the High Court and subsequently to the Court of Appeal (Civil Division) with permission.
• Decisions of the Court of Appeal can be appealed to the Supreme Court if they deal with a point of law of general public importance.

Question 21

What are tribunals and what types of cases do they handle?

Answer 21

• Tribunals are specialist judicial bodies dealing with administrative and regulatory cases. They do not handle criminal matters.
• Cases may begin in tribunals or be transferred between the County Court, the High Court, and tribunals.
• The purpose of the Tribunals, Courts and Enforcement Act 2007 was to bring together and consolidate what used to a more disparate collection of tribunals in one central system under the overall supervision of the Upper Tribunal.

Question 22

What is the First Tier Tribunal, and what types of cases does it hear?

Answer 22

The First Tier Tribunal consists of seven ‘chambers’ that hear appeals from citizens against decisions made by government departments or agencies.

These chambers include:
- War Pensions and Armed Forces
- Compensation Chamber
- Social Entitlement Chamber
- Health, Education and Social Care Chamber
- General Regulatory Chamber
- Tax Chamber
- Immigration and Asylum Chamber
Property Chamber

The Employment Tribunal is also at the ‘first tier’ level but is not a part of the First Tier Tribunal chambers.

Question 23

What is the Upper Tribunal and how is it structured?

Answer 23

The Upper Tribunal hears appeals from the First Tier Tribunal. It has four chambers:

• Administrative Appeals Chamber
• Tax and Chancery Chamber
• Immigration and Asylum Chamber
  Lands Chamber

The Employment Appeals Tribunal is also at the Upper Tribunal level but operates separately.

Question 24

What is the role of the Senior President and other judicial personnel in the tribunals?

Answer 24

The Senior President of Tribunals is the leader of the tribunal judiciary, responsible for its judicial administration across England, Wales, Scotland, and Northern Ireland.

Tribunal judges are legally qualified, ensuring legal accuracy in decisions.
Tribunal members may also include non-legally qualified ‘lay’ members who bring specialised knowledge to cases.

Question 25

What are Coroner’s Courts, and what do they investigate?

Answer 25

Coroner’s Courts investigate deaths where the cause is unknown or potentially unnatural. These investigations, called inquests, involve hearing evidence from witnesses.

Coroners, who are not judiciary members but are barristers, solicitors, or medical practitioners with at least five years of experience, lead these investigations.
A jury may be convened in certain cases, especially when the death occurred in state custody.

Question 26

What are public inquiries, and what powers do they have under the Inquiries Act 2005?

Answer 26

Public inquiries are major investigations initiated by government departments to address issues of public concern, such as accidents or mismanagement.

Under the Inquiries Act 2005, public inquiries have legal powers to compel testimony and evidence, but there is no obligation for the government to act on the inquiry’s recommendations.

Question 27

When will a public inquiry be carried out against a local authority?

Answer 27

• In addition to addressing major events of public concern, public inquiries are often conducted for town and country planning decisions.
• These occur when local authorities deny planning permission, and the developer appeals the decision.
• The public can also participate in these inquiries as third parties, challenging evidence presented by the local authority and developers.

Question 28

What are the senior courts of England and Wales?

Answer 28

• The Supreme Court (before October 1 2009, the House of Lords).
• The Court of Appeal.
• The High Court.
• The Crown Court.

Question 29

What is the High Court?

Answer 29

• A senior court in England and Wales.
• It handles complex civil cases and some criminal matters, especially through its Administrative Court.

The High Court is divided into three main divisions: King’s Bench Division, which deals with common law matters; Chancery Division, which handles equity cases, including business and property disputes; and Family Division, which deals with family law matters.

Question 30

How are judges in the High Court appointed?

Answer 30

• High Court judges are appointed by the monarch on the recommendation of the Lord Chancellor, following a competitive selection process overseen by the Judicial Appointments Commission.
• Candidates must meet the judicial appointment eligibility condition, having at least seven years of legal experience or having served as Circuit Judges for a minimum of two years.
• High Court judges are formally addressed as “The Honourable Mr/Mrs/Ms Justice [surname]” and referred to in written form as [surname] J.

Question 31

Where are the High Court’s regional locations?

Answer 31

• Primarily based at the Royal Courts of Justice in London but has district registries or regional centres outside of London where cases can be heard.
• Regional centres are located in major cities such as Cardiff, Bristol, Birmingham, Leeds, and Manchester.
• Important cases of local significance can be heard at these regional centres, allowing public authorities, litigants, and local communities to see matters decided in their own areas.

Question 32

What is the King’s Bench Division of the High Court?

Answer 32

• The King’s Bench Division (KBD) is a division of the High Court primarily focused on civil law, dealing with contract disputes, claims in tort, and judicial reviews of government decisions.
• It handles cases like defamation, negligence, and trespass, as well as applications for judicial review of public authority decisions.
• The Administrative Court, a part of the KBD, deals with cases involving the legality of decisions made by government and public bodies.

Question 33

What does the Administrative Court do (part of the KBD)?

Answer 33

• The Administrative Court, part of the King’s Bench Division, handles cases concerning the lawfulness of decisions made by public bodies, including government departments, local authorities, and regulatory agencies.
• Its jurisdiction covers both civil and criminal matters, such as judicial reviews, appeals from magistrates’ courts, and some extradition cases.
• A significant part of its work is focused on ensuring that public decisions comply with the law, particularly through judicial review proceedings.

Question 34

What is the Chancery Division of the High Court?

Answer 34

• The Chancery Division specialises in cases involving business, property, and equity law, including matters related to trusts, land, and intellectual property.
• It houses courts like the Insolvency and Companies Court, the Patents Court, and the Intellectual Property Enterprise Court (IPEC).
• This division is based in the Rolls Building in London and also operates in eight regional trial centres across the country.

Question 35

What are the Business and Property Courts of the High Court?

Answer 35

• The Business and Property Courts encompass the specialist courts within the High Court that deal with complex commercial and property matters.
• These courts include the Commercial Court, Admiralty Court, Technology and Construction Court, and Financial List.
• They operate from the Rolls Building in London and at regional courts in cities like Manchester, Birmingham, Leeds, and Bristol.

Question 36

What does the Family Division of the High Court do?

Answer 36

• Handles cases relating to children, including wardship cases and other family law matters such as divorce, adoption, and custody disputes.
• It has an exclusive jurisdiction over certain family matters, including cases where a child is made a ward of the court.
• High Court judges in this division also hear appeals from the Family Court, dealing with both public and private family law cases.

Question 37

What are solicitors’ rights of audience in higher courts (advocacy)?

Answer 37

• Solicitors have automatic rights of audience in lower courts like the Magistrates’ Court, County Court, and Tribunals, but they generally cannot represent clients in higher courts without special permission.
• To advocate in the Higher Courts—the High Court, Court of Appeal, and Supreme Court—solicitors must obtain Higher Rights of Audience by completing additional training and passing assessments.

Question 38

What is the function of the Court of Appeal?

Answer 38

• The Court of Appeal is one of the senior courts of England and Wales, hearing appeals from the High Court, Crown Court, and certain tribunals.

It has two divisions: the Civil Division, headed by the Master of the Rolls, which hears civil and family law appeals; and the Criminal Division, led by the Lord Chief Justice, which hears appeals from criminal trials and sentencing decisions.

• It is typically the final court of appeal for most cases, although further appeal may be made to the Supreme Court in exceptional cases.

Question 39

What are the divisions of the Court of Appeal?

Answer 39

• The Court of Appeal is divided into the Civil Division, which hears appeals in civil and family law cases from the High Court and County Courts, and the Criminal Division, which hears appeals from the Crown Court.
• The Civil Division is headed by the Master of the Rolls, while the Lord Chief Justice heads the Criminal Division.
• Both divisions typically hear appeals with a panel of three judges.

Question 40

What is the Supreme Court?

Answer 40

• The Supreme Court is the highest court in the United Kingdom, hearing appeals on cases of the greatest public or constitutional importance from courts in England and Wales, Scotland, and Northern Ireland.
• It was established by the Constitutional Reform Act 2005, replacing the Appellate Committee of the House of Lords.
• The Supreme Court consists of 12 Justices, led by the President of the Supreme Court. They are known as ‘Lord/Lady Justice.’

Question 41

What are leapfrog appeals?

Answer 41

• Leapfrog appeals allow certain cases to bypass the Court of Appeal and go directly from the High Court to the Supreme Court, saving time and legal costs.
• This is permitted when a case involves an issue of national significance or if the legal question is one that would likely be appealed to the Supreme Court in any case.

Question 42

What is access to justice?

Answer 42

• Access to justice is a basic principle of the rule of law.
• It allows people to have their voice heard, exercise their rights, challenge discrimination, and hold decision-makers accountable.
• One of the major obstacles to accessing justice is the cost of legal advice and representation.
• Legal aid programmes are central to enhancing access to justice.

Question 43

What is Legal Aid?

Answer 43

Legal aid is government assistance with legal fees, making legal advice and representation either free or significantly cheaper than market rates.
It was introduced by the Legal Aid and Advice Act 1949.

Cuts to the legal aid budget in 2013 reduced the availability of legal aid by around 80%.

Some areas, such as divorce, welfare benefits, child contact, housing law, and employment, are no longer eligible for public funding.

Legal aid is administered by the Legal Aid Agency.

Question 44

What Areas of Law Does Civil Legal Aid Cover?

Answer 44

Civil legal aid is available for areas of law set out in Schedule 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

These areas include:
- Community care
- Actions against public authorities
- Mental health and mental capacity
- Judicial review
- Special educational needs
- Asylum claims
- Immigration detention
- Debt where your home is at risk
- Public family law regarding the protection of children

Question 45

What is the Merits and Means Test for Civil Legal Aid?

Answer 45

Even if the area of law is included in Schedule 1 of LASPO, civil legal aid is only available if:

The case passes the merits test, meaning it must be strong enough to justify funding.
For legal advice: it must be reasonable for the government to fund the lawyer’s work, with the cost outweighed by the benefit.
For court representation: the test is whether the client is at least as likely to win the case as lose.

The case also needs to pass the means test, which evaluates financial eligibility.
The Legal Aid Agency assesses disposable income and capital to decide if the applicant can afford to pay for a lawyer.

Question 46

What is Criminal Legal Aid?

Answer 46

Criminal legal aid provides free legal representation at a police station for anyone arrested or charged with a criminal offence.

After the initial representation, eligibility depends on:
- The defendant’s age (under 18s automatically qualify for legal aid).
- The defendant’s income (for those over 18).
- The trial venue (Magistrates’ or Crown Court).
- In the Magistrates’ Court, an ‘interests of justice’ test applies, considering factors like previous convictions and the impact of a further conviction.

More defendants remain unrepresented in the Magistrates’ Court than in the Crown Court.

Question 47

What are Litigants in Person?

Answer 47

• A litigant in person is a party to legal proceedings who represents themselves without legal assistance.
• It is common in the County Court for small claims (non-personal injury cases valued up to £10,000 and personal injury cases over £1,000).
• In higher-value claims, Crown Court, and senior courts, litigants in person may face difficulties navigating the legal process, and this can also complicate the trial process.

A Ministry of Justice study (2019) concluded that unrepresented defendants can lengthen hearings and affect the efficiency of court proceedings, as well as cross-examination of witnesses.

Question 48

What are Pro Bono Legal Services?

Answer 48

Pro bono legal services are free legal services provided to individuals who need help with a case but cannot afford to pay for a lawyer.

For example:
- Citizens Advice.
- Law Centres.
- Advocate: the bar’s pro bono service.

Question 49

What are McKenzie Friends?

Answer 49

• McKenzie friends are non-legally qualified individuals who assist litigants in person during court proceedings.
• They can be friends, family members, volunteers, or paid assistants.
• The activities of McKenzie friends are not regulated, and anyone can call themselves a McKenzie friend.
• There has been an increase in paid McKenzie friends offering services to litigants in person, and a ban on this practice has been called for.

In 2019, a High Court judge ruled that an unqualified ‘legal adviser’ who acted negligently should be held to the same standard as a qualified lawyer.

Question 50

What are the Consequences of Legal Aid Cuts?

Answer 50

• Legal aid cuts have drastically reduced the availability of quality legal representation for those who cannot afford it.
• This has weakened the foundation of the Rule of Law, which relies on the confidence that every citizen in need will find protection and redress through the legal system.

Question 51

What are Online Courts?

Answer 51

• The House of Commons Justice Select Committee’s 2019 report highlighted reforms to courts and tribunals, focusing on increased digitalisation.
• While digital courts save time and money, the report emphasized the need for public legal education to ensure people have the skills and confidence to navigate legal processes and recognise when to seek legal advice.