Chp1 - Court structure of England and Wales Flashcards
Senior Judge
have judicial and administrative roles
Inferior Judge
All other judges - some are higher if their powers are not defined by statute
Judicial hierarchy
Ranks members of judiciary by powers/ responsibilities of each judicial office/ post.
Lord Chief Justice
Court of Appeal (criminal) - senior
President of Supreme Court
Supreme Court & Privy Council - senior
Master of the rolls
Court of Appeal (civil) - senior
Justice of the Supreme Court
Supreme Court & Privy Council
President of the KBD, Chancery, Family
High court - judicial powers not restricted by statute
Lord Justices of Appeal
Court of Appeal - judicial powers not restricted by statute
High Court Judge
High Court, Family Court, Crown Court - judicial powers not restricted by statute
Circuit judge
County Court, Crown Court, Family Court - powers restricted by statute
District judge
County Court, High Court, Family Court - powers restricted by statute
District judge (Magistrates’ court)
magistrates, family - powers restricted by statute
Recorder
County Court, Crown Court, Family Court - powers restricted by statute
Civil standard of proof
On the claimant - on the balance of probabilities
Criminal standard of proof
On the claimant - beyond reasonable doubt
Role of the court of first instance
determine facts - apply law
Senior Courts
Crown Court
High Court
Court of Appeal
Supreme Court
Court hierarchy
Some courts must follow the decision of other courts
Which courts have parallel jurisdiction to hear cases?
Crown Court and High Court
Value of claim in County Court
> £100,000 (less £50k PI cases)
Value of claim in King’s Bench, chancery or County Court
<£100,000 (more £50k PI cases)
When will a case go to High Court and NOT County Court
More complex facts
Outcome of public interest
C believes High Court is correct - application.
King’s Bench Division
contract/ tort
specialist:
* Administrative Court
* Admiralty Court
* Commercial Court
* Circuit Commercial Courts
* Technology and Construction Court.
Chancery Division
business/ property/ probate/ trusts - large sums of money
specialist:
* Business and Property Court
* Patents Court
* Intellectual Property Enterprise Court.
Family Division
- Complex family law
- International child abduction cases
- Complex cases transferred from family court
- Appellate court of the family court
- INTERNATIONAL / INHERENT JURISDICTION (need to keep child safe)
Family Court
- Divorce/ nullity
- Financial/ childcare
- Adoption
- Gatekeepers allocate cases
- FAMILY MATTERS IN THE FIRST INSTANCE UNLESS INTERNATIONAL/ INHERENT JURISDICTION
County Court
- Civil
- Less complex / lower money than high court
- LESS THAN £100,000
- Personal Injury - less than £50,000
Tribunals
Disputes in specialist areas of law
less strict
2 tier system - first instance and upper = appeals
Crown Court
First instance
Indictable offences
More serious triable either way (theft - value and circumstances of the case)
Juries
Magistrates’ Court
First instance
Procedural hearings e.g bail
Summary offences - no jury
Triable either way (lower level)
D can insist on trial by jury in crown court - accept/ reject offer from Magistrates.
Sentencing powers: 6 months, 12 months for multiple
CIVIL JURISDICITON:
Licensing applications .g pub
Youth Court
10 - 17 years old
ONLY serious, custodial sentence cases will be heard in Crown.
Basis of Criminal Appeals
- conviction/ sentence
- court acted in excess / misapplied law
a) by way of case stated
b) judicial review
c) referred by the criminal cases review commission (miscarriage of justice)
Appeal conviction/ sentence (Magistrates)
magistrates - heard by crown court (re- hearing)
CC confirm or make own decision
Prosecutor cannot appeal
guilty plea - only appeal on sentence
What happens with an appeal conviction/ sentence (Crown Court)
Permission to appeal
dismissed - original decision stands
appeal success - verdict confirmed/ overturned/ sentence reduced.
What does the court look at for a conviction appeal?
safe or unsafe
What circumstances give rise to an ‘unsafe’ conviction?
summing up error (judge explanation to jury)
procedural irregularity
error by defence legal rep
fresh evidence
Prosecution rules of appeal - conviction/ sentence basis (Crown Court)
cannot appeal if D acquitted by jury
appeal on judge rulings (terminatory/ evidential)
appeal to C of A
convicted - can appeal against lenient sentences for serious offences (AG must consent)
What is an appeal by way of case stated?
lower court incorrectly interpreted or applied law/ acted in excess of powers
decision wrong in law
Who can appeal by way of case stated?
Either party
High Court appeal success powers
reverse, affirm or amend OR send back to magistrates’
What is the preferred appeal route in criminal cases?
Appeals by way of case stated
What courts can you appeal to for an appeal by way of case stated
Divisional Court - King’s Bench - High Court
crown court (if from magistrates)
Who can apply for judicial a review?
either party
what courts can you apply to for judicial review?
High Court - administrative division - King’s Bench.
What kind of matter is judicial review treated as?
civil
What is the legal basis of judicial review appeals?
acted unreasonably, ultra vires, irrationally (applied law in an impermissible manner - so unreasonable/ so illogical) .
What appeals are referred by the criminal cases review commission
miscarriage of justice
What courts can you apply to for miscarriage of justice?
- Crown court (if heard in magistrates)
- Court of appeal (if heard in crowns court)
When does real possibility apply?
When there is an appeal by or has come from he criminal cases review commission
What does ‘real possibility mean’?
Conviction/ verdict/ sentence would not be upheld were reference to be made (would have changed the outcome of the case).
What party can make a civil appeal?
Either party
On what basis can a civil appeal be made?
Prospect of success
Compelling reason (why someone acted)
What cases will go to C of A / Supreme Court?
cases that raise important issues of public importance - question of law
What is key about criminal appeals from the high court?
No criminal appeals to the court of appeal from high court ONLY supreme court
Civil appeals from High Court
permission must be granted by C of A
matter of general importance
leapfrog procedure
What is leapfrog procedure? What are the conditions?
Civil appeal goes from High Court to Supreme Court
- national importance
- result of particular significance
- Benefits of SC consideration outright benefits of consideration by C of A (final say)
When can an appeal go from the court of appeal to supreme court?
C of A must agree the case raises a public / constitutional importance of law
What is a higher rights of audience?
advocacy rights to advocate on behalf of there client in senior courts.
When can a solicitor have higher rights of audience?
Need training to advocate in the higher courts.
Separate awards for criminal and civil assessments - SRA
When does a barrister of higher rights of audience
Can advocate in all courts when called to the bar
What is the general rule for appeals in a civil case?
heard by the next judge in the hierarchy not the next court
