2.5 NDipA COURTS Flashcards
Court structure
CRIMINAL
CRIMINAL
THE SUPREME COURT (highest court in the land)
(Same for criminal, civil and employment tribunals)
THE COURT OF APPEAL
(Same for criminal, civil and employment tribunals)
THE CROWN COURT
(Criminal only)
MAGISTRATES(lowest level)
(Criminal only)
Court Structure
EMPLOYMENT TRIBUNALS (are also a type of civil action….)
EMPLOYMENT TRIBUNALS
THE SUPREME COURT (highest court in the land)
(Same for criminal, civil and employment tribunals)
THE COURT OF APPEAL
(Same for criminal, civil and employment tribunals)
EMPLOYMENT APPEALS TRIBUNAL
(Employment Tribunal only)
EMPLOYMENT TRIBUNAL(lowest level) (Employment Tribunal only)
Court Structure
CIVIL
CIVIL
THE SUPREME COURT (highest court in the land)
(Same for criminal, civil and employment tribunals)
THE COURT OF APPEAL
(Same for criminal, civil and employment tribunals)
THE HIGH COURT OF JUSTICE
(Civil only)
SMALL CLAIMS and COUNTY COURT(lowest level)
(Civil only)
Supreme Court
Highest court in the land
Each case is heard by 5 or 7 Law Lords
Only cases on a point of law will be permitted to appeal the Supreme Court
Court of appeal
Deals with decisions or findings of the lower courts
There are 2 divisions in this court, criminal and civil
Employment Tribunals
(These are just specialist courts… for civil proceedings and basically cover disputes between ERS and EEs)
Deal with Unfair dismissal and redundancy issues
The power to hear and adjudicate on:
sex discrimination, race, trade unions,equal pay, Employment protection, industrial relations and certain H and S issues
Chairperson and 2 lay members (with experience in industry, business and industrial relations) representative of ERS and EEsxzqqq
Majority view prevails
With regards to H and S Employment Tribunals have authority over:
- Appeals against prohibition and improvement Notices
- Time off for training safety reps
- Failure to pay safety reps for time off for carrying out their functions and training
- Failure to pay a medical suspension payment by an ER
- Dismissal following a breach of H and S law
Magistrates court
There are either 3 lay magistrates (or a district judge)) - each magistrate court has a legally qualified Clerk who advises the lay magistrates on points of law
3 Types of offences that can be dealt with;
- A SUMMARY OFFENCE - minor offences; drunkenness, road traffic offences… are dealt with without reference to another court
- AN INDICTABLE OFFENCE - the most serious offences; murder, manslaughter… results in a formal document being drawn up as they investigate and decide whether there is sufficient evidence, A ‘PRIMA FACIE’ CASE, to commit the accused to the CROWN court for trial
- TRIABLE EITHER WAY - depends on gravity of offence and options exercised by the accused (most H and S offences fall into this category)
Crown court
Hears all trials on INDICTMENT (more serious crimes)
Heard by judge and jury of 12
CLASSES OF OFFENCES:
CLASS 1 - Most serious; murder. Must be tried by High Court judge
CLASS 2 - Rape, manslaugher; High Court judge or a HCJ can release the case to be tried before a circuit judge or a recorder
CLASS 3 - all other cases to be tried on indictment; Tried by HCJ, circuit judge or recorder
CLASS 4 - on indictment or summarily; Burglary, Death by Dangerous Driving, Robbery
High court
3 divisions:
- The Family division
- The Chancery division
- The Queens Bench Division. (QBD) - H and S matters are referred to the QBD which is presided over by Lord Chief Justice
Any decisions made in lower courts can be referred for appeal:
- To be reveresed or amends the decision
- Or remit to the previous court with instructions to reconsider to discharge or convict the accused
County courts
Contract and Tort actions
<50k compensation claim
European Court of Justice
See NDipA 2.3
