Court System Flashcards
Who staffs a magistrates court?
usually lay magistrates bench of three not legally qualified sit part time can be district judge for long / complex case
Functions of magistrates court
deal with minor H&S offences 'court of first instance' criminal case first heard defendant's first response decide if sufficient evidence set date for return to magistrates court send to Crown Court for trial by jury decide requests for remand in custody decide on applications for bail
Magistrates court penalties - H&S
unlimited fines
compensation orders
up to 6 months prison
Who staffs a county court?
circuit judge
min 10 years experience as barrister in Crown or County Court
sits alone
Who hears magistrate court appeals?
crown court for appeal against sentence
high court for appeals on points of law
Who hears county court appeals?
civil division of court of appeal
What jurisdiction does county court have?
civil jurisdiction only
disputes between people or companies
personal injury claims
Powers of county court?
damages ref cases in contract = £25k max
personal injury tort cases = £50k max
county court judgments (CCJ)
person that benefits from CCJ can ask court to try to recover money (bailiffs)
Who staffs high court?
judges that have had right of audience in the high court for min 10 years
circuit judge that has held office for at least 2 years
sits alone
usually single judge sits
2 or more judges for appeals on points of law from magistrates court
Types of cases at high court
high value, complex, important civil or criminal
appeals on points of law from magistrates or crown court
appeals from employment tribunal ref HSE notices
3 divisions of high court
queen’s bench
chancery
family
which high court division relates to H&S matters
queen’s bench division
also deals with any common law civil matter
Powers of high court?
no upper limit for damages for personal injury
binding ruling to lower courts on points of law
Who staffs a crown court?
circuit judge, recorder, high court judge (for very serious offences, e.g. murder
judge with jury of 12 persons selected from public
Types of cases at crown court
indictable offences
appeals from magistrates courts ref sentences
Powers of crown court ref H&S
unlimited fine
2 years prison
Structure of court of appeal
divided into criminal and civil divisions
35 Lords Justices of Appeal
3 judges sit for appeals from county court, high court and employment tribunal
How does court of appeal work?
reviews records of evidence and legal arguments
majority decisions
Jurisdiction of court of appeal
appeals from county court, high court (civil matters only), employment appeals tribunal, crown court
Powers of court of appeal
uphold or reverse earlier decision
criminal cases - dismiss / allow the appeal, increase sentence, order new trial
Who staffs supreme court
between 9 & 12 law lords (life peers)
minimum of 3 sitting
majority decision
Types of case at Supreme Court
appeals on arguable points of law of great public importance
appeals from civil division of court of appeal
may be direct appeal from high court of divisional court so long as all parties agree and point of law of public interest
appeals from criminal division of court of appeal and queen’s bench division of high court
powers of supreme court
final court of appeal
uphold or reverse earlier decision
order new trial
Where is the high court based
royal courts of justice in London
Who is head of civil section of court of appeal
Master of the Rolls
Who is head of criminal section of court of appeal
Lord Chief Justice
Magistrates court plea process
defendant asked to enter a plea
summary offences heard at magistrates court
date fixed for trial - held some weeks later
may remand defendant on bail
indictable offences - committal proceedings for crown court
Magistrates court trial procedure
charge read out accused pleads opening speeches by prosecution & defence prosecution witnesses - examined by prosecution, defence and possible prosecution again defence witnesses summary by prosecution & defence magistrates retire to consider verdict verdict given sentence given
Civil action procedures
overhauled by Lord Woolf Civil procedure rules introduced April 1999 apply to high court and county court ensure all parties dealt with equally save costs deal with cases proportionate to sums involved and complexity of cases speed appropriately allocate court resource
Civil action - pre-action protocol
3 stages - letter of claim, reply, investigation
Contents of letter of claim
summary of facts
details of loss (financial, injury suffered)
How long to reply to letter of claim
21 days
provide insurer details
Claim Investigation process
allowed 3 months to complete
reply to claimant / solicitor
admit liability, or deny in full or partial admission with reasons
relevant documents provided
claimant decides whether to pursue based on the reply
Commencement of civil proceedings
28 days for defence to file response inc
facts that are admitted to
facts denied and reasons
facts that are neither admitted or denied but claimant must prove
defendants version of events
requirement to disclose all documents with formal statement of disclosure
offer to settle may be made by either party, npt agreed may be taken into account later
county court case management process
directions given on how it will be handled
14 days to respond to allocation questionnaire
reviewed by judge
summary judgment - strikeout = no prospect of succes
small claims court up to £10k
Fast track trial within 30 weeks £10 - 25k, max 2 expert witnesses
Multi track - over £25k at court discretion, 1 day duration, max 2 expert witnesses
