Chapter 5 - The Courts of England and Wales Flashcards
The civil court, what are those ?
County Court
Family Court
High Court
Procedure Rules ?
Civil Procedure Rules (CPR)
Govern the way civil cases are dealt with in the Court
most important
Family Procedure Rules (FPR)
Govern the way Family cases are dealt with in the Family Court
Issuing cases in civil courts ?
Most cases will start in County Court
High Court only if claims is valued over £100,000 or claims including PI + value of the damage is £50,000 or over
The tracking system explain ?
Small claims track - PI cases - value £1000-£10,000. No lawyer required.
Fast Track - PI cases - value £10,000-£25,000 and other claims same value ( one day trial )
Multi-track -All cases over £25,000 (complex cases)
The County Court ?
50 locations around England and Wales
Remedies it can award are damages and equitable remedies
The Hight Court and Divisional Court of High Court ?
3 divisions : Queens bench, Chancery and Family
Will go to Court of Appeal
Family Court ?
Deal with divorces, family breakdown and child protection.
Appeals remain in the Court but more serious judges
Gatekeeping system - the best judge assigned.
Magistrates’ Court (Civil cases)
Deal with tax or TV license
Appeal to the Divisional Court of the High Court
The Criminal Courts categories ?
Summary Offence - least serious, major traffic, theft of property less than £200
Either-way offence - Intermediate level of seriousness , Criminal damage, ABH and theft
Indictable only - most serious offences, murder- must be Trialed in Crown Court
Criminal Procedure Rules ?
'’overriding objective ‘’- ‘‘cases to be dealt with justly’’
Magistrates’ Court (Criminal Cases)
250 locations
Deal with summary offences and either-way offences
Trialed by 3 Magistrates’ or single Judge
Appeals against conviction goes to Crown Court
Magistrates’ Court deal with … ?
Preliminary hearing
Youth courts
Sentencing
The Crown Court ?
Operates in major towns and cities in England and Wales
Divided in 3 tiers
Serious Crimes - top tier where High Court Judges are available.
The Criminal Cases Review Commission ?
created under Criminal Appeal Act 1995
Investigate old cases
Court of appeal sometimes ask to investigate case and report it.
Convicted criminal can apply when unsuccessful at the appeal
