A2.5 Outline the structure and functions of courts and related institutions in the UK Flashcards
What is a tort?
A tort is a civil wrong, EG. defamation, nuisance, trespass
Where are criminal cases heard?
initially, in magistrates court and may be referred to crown court.
Magistrates is the lowest of the courts for less serious offences .
Crown court deals with serious criminal charges and appeals from magistrates courts
Where are civil matters heard?
these are dealt with by county courts or by the high court, depending on the magnitude of the crime
Both civil and criminal cases can eventually end up at supreme court (the highest form of court)
This is only in the case after a court of appeal hearing
What are the three types of offences that can dealt with by magistrates’ court?
- SUMMARY OFFENCE -
Minor offences such as drunkenness, road traffic offenses, these are dealt with without reference to another court - AN INDICTABLE OFFENCE -
formal document, (the indictment) being drawn up. The magistrates decided if there is sufficient evidence to commit the accused to crown court for trial. Indictable offences are the most serious and include, murder, manslaughter and rape.
-TRIABLE EITHER WAY-
depending on the option exercised by the accused and the gravity of the offence. Most H&S offences fall into this category.
What type of offences does crown court hear?
crown court hears all trials on indictment (the more serious crimes). Crown court are heard by a judge and jury. 12 members of public.
Class 1- most serious offences eg murder
Class 2- rape or manslaughter
Class 3- all other offences which must be tried to an indictment
Class 4- all others, can be tried on indictment or summarily, those which carry more than 3 months imprisonment.
What is the basic procedure for prosecutions and Civil actions?
- proceedings for any offence under HSWA 1974 can be begun only by an inspector.
Offences under the act can be prosecuted as:
- triable only summarily - magistrates
- triable only on indictment - crown court
- triable either way - magistrates or crown court
In triable either way cases, the defendant is able to decide whether to have a trial in magistrates or a judge and jury in crown court.
if magistrates court feels the offence merits a heavier penalty, it is moved to crown court for trial.
What is the function of an employment tribunal?
resolve disputes between employers and employees. They have the power to hear and adjudicate on matters relating to sex discrimination, race relations, equal pay, employment protection and certain areas of H&S.
What is the general procedure with regards to employment tribunals?
- Employment rights act 1998
An application is made by the claimant to the tribunal office setting out the claim (names and addresses, nature of claim)
the respondent (employer) is notified by the tribunal office and indicates whether they admit the claim or intend to resist.
A date is then set for the hearing and both sides have to attend. They can both be represented by a solicitor, representative with the tribunals consent.
three types of hearing:
- case management discussions
- pre-hearing review (weed up weak claims)
- final hearing (judgement)
What H&S issues does an employment tribunal decide?
- time off for the training of safety reps
- failure to pay a safety rep for time off to carry out their function and training
- dismissal following a breach of H&S law or a issue with an employment contract
- appeals against improvement and prohibition notices
What are the four reasons for appeal in a criminal case?
- against the conviction
- against the sentence
- against the result
- against the damages awarded
