(B) ADMINISTRATION OF THE LAW - where and how are legal disputes resolved Flashcards
What are the courts?
• Criminal
○ Crown- senior
○ Magistrate- junior
• Civil
○ Country- minor
○ High- substantialWhat is the highest court in the English court system?
the Supreme Court (formerly known as the House of Lords)
What are the types of jurisdiction?
□ Jurisdiction at first instance
– a court having the power to hear a case which is being tried for the FIRST time
□ Jurisdiction on appeal
– a court having the power to hear a case where the first decision is being appealed (often known as an appellate court)
n.b. Some courts have exclusive jurisdiction, others can hear both types of case
Who staffs the Magistrates Court?
• Justices of the Peace/Magistrates
○ Part-time voluntary role carried out by well-respected members of society
○ They normally sit as a bench of three ‘Lay (unqualified) Magistrates’
A court clerk (legally qualified) advises the Magistrates on the law
What are the criminal jurisdictions of the magistrates court?
- Summary offences
- Hybrid Offences
- Transfer Procedure (for Indictable offences that will be tried in the Crown Court)
- Youths Courts
What are summary offences?
□ Summons sent to Defendant by post
□ 96% of all crime is tried in the Magistrates Court
(Usually petty crimes, not substantial)
□ Maximum penalty 12 months imprisonment/£5,000 fine
What are hybrid offences?
(neither minor not serious- could be tried in either magistrate or crown court = defendant has a choice)
□ Triable Either Way – i.e. In the Crown Court or Magistrates Court
□ Most Defendants choose the Magistrates Court BUT statistics show that there is a higher chance of acquittal in the Crown Court
® As people in the crown court have a Jury- regular people
◊ Magistrates- JOP must have high moral standing
□ E.g. theft
- Stealing from a shop- minor
- Employee in finance department transfers money into her account over many years - serious
What is the Transfer Procedure?
□ Indictable offences that will be tried in the Crown Court go to the Magistrates Court first
® E.g. tried for murder, you stay in prison until the date of your trail
◊ To protect defendants, they go through a procedural hearing
Formally charged in magistrates court and ensure you have legal assistance
□ This is for a Procedural Hearing where the Def is given a formal statement of the offences with which he/she is charged
□ Administrative matters such as bail, legal aid etc are dealt with
® Danger to society is considered
What are the Youth Courts?
□ Cases involving young offenders (anyone under the age on 18)
® Relevant date is the date when you commit the crime
® Most crime is dealt with in Magistrate/ Youth courts
□ A specially selected group of JoPs sit to hear these cases
□ Reporting restrictions apply
® Public are not allowed to sit and observe
® Media can go in but are not allowed to state name
Note: if murder, would go to crown court
What are the Civil jurisdictions of the magistrates court?
§ Magistrates courts deal with licensing issues
§ Magistrates courts enforce payment of public utilities such as gas, water and electricity and council tax
Who staffs the Crown Courts?
- The country is divided into 7 geographic regions
- Main towns within each region have their own Crown Court
- Crown Courts are staffed by:
○ High Court Judges,
○ Circuit Judges (deal with majority of cases)
○ Recorders
§ Part-time judge
§ No career structure to become a judge- can’t study to be a judge- must start career to be a solicitor/barrister - The seriousness of the offence determines which type of Judge will try the case
What are the criminal jurisdictions of the crown court?
- Indictable Offences
- Sentencing of Defendants referred from Magistrates Court
- Appeals
What are indictable offences?
§ An Indictment is prepared giving details of the offences that the Defendant is charged with
§ The case is tried by a Judge and Jury
§ The Judge directs the Jury on the law
§ The Jury makes the decision on guilty or not guilty
□ 12 ordinary member of the public
□ From age of 18 up
§ If the Defendant is found GUILTY the Judge passes sentence
What is ‘sentencing of defendant referred from `Magistrates court’?
§ A judge will also sit without a jury to
□ Pass sentence in cases tried in the Magistrates Court which are then referred to the Crown Court for sentencing
□ This power is used where the crime is more serious than it first appeared or the Defendant has a serious criminal record and the JPs feel (after hearing the case) that their powers are inadequate
® E.g. if someone is a serial offender, magistrates may feel their power to only impose 12 months in prison is not suitable -
◊ Judge may be given previous history of their crimes and can pass a more suitable sentence
What are appeals?
§ A judge will also sit without a jury to hear appeals against sentence or conviction from the Magistrates Court or Youth Court
- Two JoPs/Magistrates will sit with the Judge to assist in the decision
