Chapter 5. The courts of England and Wales Flashcards
Courts where civil cases may BEGIN
Courts of 1st instance
County, High and Family (also Mags limited number of civil cases)
Civil Procedure Rule r1.1
The overriding objective Enabling
the court to deal with cases justly and at proportionate cost.
Family Procedure Rule r1.1
The overriding objective enabling the
court to deal with cases justly, having regard to any welfare issues involved.
Civil courts based on value
Personal injury claims will usually be issued in the County Court but the High Court may
be used if the value is £50,000 or more.
Non-personal injury claims will usually be issued in the County Court but the High Court
may be used if the value is more than £100,000.
CPR tracks
Small claims
Fast track
Multi-track
The small claims track
The small claims track has informal procedures and is used for personal injury claims of
up to £1,000 and non-PI claims of up to £10,000.
The fast track
The fast track has more rigorous procedures and is used for cases exceeding the small
claims track limits but not exceeding £25,000. The trial must be expected to take no
more than one day.
The multi-track
he multi-track has the most extensive procedures and is used for cases exceeding
£25,000 and those expected to take more than one day at trial.
The County Court
The County Court operates in towns and cities across the country and deals with a
range of civil claims including contract claims and housing disputes.
The High Court
The High Court is based in London with District Registries in major towns and cities. The
Divisional Court of the High Court deals with a range of appeals on points of law.
The Family Court
The Family Court deals with divorce and family breakdown as well as child protection
disputes. It has an internal system of appeals.
Criminal cases CPR. r1.1
Overriding objective to deal with cases justly.
Summary offences
Least serious e.g. minor traffic offences and common assault must be tried in the Magistrates’ court.
Either-way offences:
These are offences that depending on how serious the offence is can be tried / sentenced in the Magistrates’ or Crown Court. e.g theft
Indictable offences:
The most serious offences can only be heard in the Crown Court.
Power of Magistrates
Six month prison sentence.
A defendant who is found guilty of two either-way offences may receive a sentence of up to 12 months imprisonment.
Unlimited fines for most serious offences.
Community sentences
Role of Magistrates’ Court
Allocation hearings – to determine if an either-way case should be heard in the Magistrates’ Court or Crown Court.
To commit to the Crown Court for sentencing of either-way offences originally heard in the Magistrates’ Court.
Sending indictable only offences to the Crown Court for trial.
Youth Courts – hear cases where the defendant is aged 10 to 17 years.
Appeals from the Magistrates’ Court
Appeals against conviction and or sentence are made to the Crown Court.
Appeals on points of law are made to the Divisional Court of the High Court and are referred to as appeals “by way of case stated”.
Role of the Crown Court
Court of trial for indictable only offences (and serious either-way offences).
Appeal court for appeals against conviction and/or sentence from Magistrates’ Court.
Sentences defendants who are found guilty or plead guilty to indictable only or either-way offences which have been committed to the Crown Court.
Powers of the Crown Court
Can order any punishment up to and including life imprisonment.
Appeals from the Crown Court
Appeals against conviction, sentence and/or points of law are made to the Court of Appeal.
Where the Crown Court has heard an appeal from the Magistrates’ Court, a further appeal on points of law can be made to the Divisional Court of the High Court “by way of case stated”.
Criminal Cases Review Commission
Established in 1997
Purpose is to investigate suspected miscarriages of justice.
Requires new evidence, new legal argument or exceptional circumstances
E.g. Guildford 4; Birmingham 6.
Family Court
A single court dealing with all first hearings in family matters created in 2014.
Handles divorce, family breakdown and children.
Appeals are made to the Court of Appeal, with a small number to the Divisional Court of the High Court Family Division.
Supreme Court
Top of UK court structure.
Decisions binding on all lower courts.
Final appeal court for criminal and civil.
Bound by the Court of Justice of the European Union.
The Supreme Court final court of appeal
The Supreme Court is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. It hears cases of the greatest public or constitutional importance affecting the whole population.
