2.4 Administration of Law Flashcards
Introduction / The Courts System / Tribunals / ADR / The Judiciary, law officers and legal profession
What are the two types of jurisdiction that a court could have?
- Courts with a first instance jurisdiction
- Courts with an appellate jurisdiction
What is meant by first instance jurisdiction?
When a case is first heard by a court
What is appellate jurisdiction?
The losing party in a case heard at first instance may have the right to apply to a higher court to seek to have the first-instance decision overturned. This is known as an appeal.
What distinguishes the Magistrates’ courts?
The Magistrates’ courts are notable as unlike other courts, they are not comprised of legally qualified judges.
The idea is that by having cases decided by laypersons it allows members of the community to come involved in administering justice.
(Although can sometimes be heard by district judges).
What cases are heard by Magistrates’ courts?
They primarily hear first-instance criminal cases but they also have a limited civil jurisdiction.
95% of criminal cases are heard in a magistrates’ court, and the final are allocated to the Crown Court.
How are criminal cases allocated between the two courts?
The allocation of criminal cases depends on the type of offence. There are three categories:
1. Summary offences
2. Offences triable on indictment only
3. Offences triable either way
What are summary offences?
Summary offences are more minor offences that are tried in a Magistrates’ court, for instance failing to keep company registers and failure to keep board minutes.
What are offences triable on indictment only?
These are serious offences that are usually tried in the Crown Court, such as the failure of a commercial organisation to prevent bribery or false accounting.
What offences are triable either way?
Offences that have the potential to be minor or serious. Depending on their severity they can be tried summarily in a magistrates’ court or on indictment in the Crown Court.
These include insider dealing, acting as a director whilst disqualified or a public company failing to hold an AGM.
What is the appeal structure for criminal jurisdiction?
- Defendants convicted in the Magistrates’ can appeal the conviction/sentence to the Crown Court
- If the defendant feels that the magistrates have exceeded their jurisdiction or Mae an error of law, then they can appeal ‘by way of case stated’ to the High Court.
What is the role of the civil jurisdiction in the magistrates’ court?
The civil jurisdiction is small and includes the recovery of unpaid council tax/utility bills and appeals from parties relating to local council decisions to grant licenses to entertainment/gambling establishments.
