(B) ADMINISTRATION OF THE LAW - where and how are legal disputes resolved

Question 1

What are the courts?

Answer 1

• Criminal
	○ Crown- senior
	○ Magistrate- junior  
• Civil
	○ Country- minor
        ○ High- substantial

Question 2

What is the highest court in the English court system?

Answer 2

the Supreme Court (formerly known as the House of Lords)

Question 3

What are the types of jurisdiction?

Answer 3

□ 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

Question 4

Who staffs the Magistrates Court?

Answer 4

• 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

Question 5

What are the criminal jurisdictions of the magistrates court?

Answer 5

• Summary offences
• Hybrid Offences
• Transfer Procedure (for Indictable offences that will be tried in the Crown Court)
• Youths Courts

Question 6

What are summary offences?

Answer 6

□ 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

Question 7

What are hybrid offences?

Answer 7

(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

Question 8

What is the Transfer Procedure?

Answer 8

□ 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

Question 9

What are the Youth Courts?

Answer 9

□ 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

Question 10

What are the Civil jurisdictions of the magistrates court?

Answer 10

§ Magistrates courts deal with licensing issues

§ Magistrates courts enforce payment of public utilities such as gas, water and electricity and council tax

Question 11

Who staffs the Crown Courts?

Answer 11

• 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

Question 12

What are the criminal jurisdictions of the crown court?

Answer 12

• Indictable Offences
• Sentencing of Defendants referred from Magistrates Court
• Appeals

Question 13

What are indictable offences?

Answer 13

§ 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

Question 14

What is ‘sentencing of defendant referred from `Magistrates court’?

Answer 14

§ 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

Question 15

What are appeals?

Answer 15

§ 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

Question 16

What are appeals against?

Answer 16

□ sentence or (their sentence is to sever)

□ conviction (asking crown court to reconsider guilty verdict)

Question 17

Who staffs the County Court?

Answer 17

• Circuit Judges – are the most senior Judges in the County Court and they hear most cases

• They are assisted by District Judges who hear the less serious cases, including all small claims cases (less than £10,000 in value)
§ Part-time
§ In transition between lawyer and becoming a judge

§ Deal with least significant disputed “small claims proceedings”

Question 18

What is the jurisdiction of the County Court?

Answer 18

• Exclusively civil:
§ Actions in contract and tort up to the value of £100,000
§ Personal Injury Claims under £50,000
§ Equity matters such as trusts, mortgages and dissolution of partnerships where the amount involved does not exceed £350,000
§ Bankruptcy/winding-up of Companies
§ Small Claims procedure for claims of £10,000 or less

Question 19

What is the importance of the county court

Answer 19

• At the bottom of the hierarchy

• County courts were established in 1846 to provide ‘cheap and speedy settlement of small civil disputes’.
§ Speedy and quick resolution

• Their jurisdiction has increased over time in order to free the High Court from hearing all but the most costly and specialist cases
  
  • The majority of civil claims are now heard in the County Court

Question 20

What is the Family Court

Answer 20

• Deals with all domestic matters including marriage, divorce, maintenance, custody of children, adoption etc
• Can refer complex cases to the Family Division of the High Court

Question 21

Who staffs the Family Court?

Answer 21

- There are four levels of Judge in the Family Court ranging from:
	•  lay magistrates to 
	• district judges, 
	• circuit judges and 
	• High Court judges

§ cases are allocated to an appropriate judge according to the needs and complexity of the case.

Question 22

What is the High Court of Justice?

Answer 22

This is a very important court which has civil and criminal jurisdiction at both first instance and appeal level.

Question 23

What are the divisions of the High Court?

Answer 23

• the Chancery,
• Queen’s Bench and
• Family Divisions

Question 24

What is the Chancery?

Answer 24

□ Head= Lord Chancellor (head)

□ Jurisdiction:
® Disputes over the administration of the estates of deceased persons
® Patent and copyright issues
® Co Law and Partnerships

Question 25

What is the Queen's Bench division?

Answer 25

□ Head = President □ Contract claims involving substantial sums of money (£100,000+) □ Tort claims involving substantial sums of money (£100,000+ or £50,000+ for personal injury claims)

Question 26

What is the Family Division?

Answer 26

□ Head = President □ Since April 2014 family law matters such as divorces, issues involving children, financial settlements etc have been dealt with by the newly created Family Court □ The Family Division of the High Court is reserved for: ® International Cases ® Appeals from issues resolved in the Family Court

Question 27

What is the Administrative Court?

Answer 27

hears administrative law cases and acts as supervisor of inferior courts and tribunals • (examples include decisions of local authorities in exercising their duties, decisions of immigration bodies, decisions of government ministers etc) - Normally 3 judges sit together to hear cases - The court also hears important criminal appeals on a point of law from the Magistrates and Crown Courts

Question 28

What are the First Instance Courts?

Answer 28

``` § Magistrates Court § Crown Court § County Court § Family Court § High Court ```

Question 29

What are the Appellate Courts?

Answer 29

§ Court of Appeal | § Supreme Court (formerly House of Lords)

Question 30

What are the divisions of the Court of Appeal?

Answer 30

§ The Civil Division and □ hears appeals from the county court and all three branches of the High Court. □ It also hears appeals from certain Tribunals e.g. the Employment Appeal Tribunal § The Criminal Division □ hears appeals from persons convicted on indictment in the Crown Court. □ The convicted person must first obtain permission, or leave to appeal, from the Court of Appeal and leave can only be granted if the Court of Appeal considers that the conviction is “unsafe” [ Criminal Appeal Act 1995 s2(1)].

Question 31

What is the Criminal Cases Review Commission?

Answer 31

• In cases where new evidence comes to light after conviction it is the job of the Criminal Cases Review Commission to consider whether such cases should be referred to the Court of Appeal.

Question 32

What is the Supreme Court/

Answer 32

○ A panel of between 5-11 judges hear important appeals. □ Always an odd number - The Supreme Court is the most senior court in the country and it hears appeals from the Court of Appeal, providing leave to appeal has been granted. □ 'leave to appeal' - supreme court must give permission - It will generally only hear appeals where a point of law of general public importance is involved.

Question 33

Leap Frog details

Answer 33

□ will only be available if both parties agree and the Court certifies that the case involves a point of law of general public importance and the Court of Appeal is already bound by a previous decision. □ The Supreme Court must also grant leave to appeal. □ From high court to supreme court, bypassing court of appeal

Question 34

what changes were made when the Supreme Court was introduced?

Answer 34

1. Separation of Powers 2. Public Information: - aim is to put as much information as possible into the public domain

Question 35

What is the Separation of Powers?

Answer 35

□ Supreme Court Judges can no longer be members of the House of Lords (Parliament) – this ensures that there is no conflict of interest - More credibility □ Selection of Judges - - Supreme Court Judges are appointed by an independent body not the government □ Supreme Court Building created – which is independent of the Houses of Parliament

Question 36

What is Public Information?

Answer 36

□ TV cameras - - Supreme Court is the first court in the legal system to place TV cameras in court rooms to record all hearings ◊ Crown court decisions and sentencing is now televised- 2020 □ Public access to hearings – - all hearings are open to the public and there is a public gallery for viewing hearings □ Website – a Supreme Court website includes summaries of each judgement and access to documents submitted to the court

Question 37

What is The European Court of Human Rights?

Answer 37

□ is not an EU institution so it will remain an important part of UK law and procedure after the UK leaves the EU. □ This court seeks to enforce the human rights of citizens who live and work in Europe.

Question 38

What are relevant human rights to businesses?

Answer 38

• the right to a fair trial: - businesses have used this to challenge the procedures adopted by bodies such as planning authorities, by arguing that they were not given a fair trial • the right to freedom of expression: - businesses have used this right to challenge legislation restricting advertising •  the right to protection of property: - businesses have used this right to challenge legislation on taxation and compulsory purchase of property

Question 39

What was Stretch v UK 2003?

Answer 39

an example of an application made to the European Court to enable the Claimant to obtain a remedy for breach of his right to peaceful enjoyment of his possessions (property) Held: The Council would be acting illegally if it renewed the lease BUT □ It was wrong that Stretch was left without a remedy due to the failure of the Council □ This was a breach of Stretch’s right to property and he should be awarded damages (compensation) for the fact that he had been misled by the Council