Court System

Question 1

Who staffs a magistrates court?

Answer 1

usually lay magistrates
bench of three
not legally qualified
sit part time
can be district judge for long / complex case

Question 2

Functions of magistrates court

Answer 2

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

Question 3

Magistrates court penalties - H&S

Answer 3

unlimited fines
compensation orders
up to 6 months prison

Question 4

Who staffs a county court?

Answer 4

circuit judge
min 10 years experience as barrister in Crown or County Court
sits alone

Question 5

Who hears magistrate court appeals?

Answer 5

crown court for appeal against sentence

high court for appeals on points of law

Question 6

Who hears county court appeals?

Answer 6

civil division of court of appeal

Question 7

What jurisdiction does county court have?

Answer 7

civil jurisdiction only
disputes between people or companies
personal injury claims

Question 8

Powers of county court?

Answer 8

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)

Question 9

Who staffs high court?

Answer 9

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

Question 10

Types of cases at high court

Answer 10

high value, complex, important civil or criminal
appeals on points of law from magistrates or crown court
appeals from employment tribunal ref HSE notices

Question 11

3 divisions of high court

Answer 11

queen’s bench
chancery
family

Question 12

which high court division relates to H&S matters

Answer 12

queen’s bench division

also deals with any common law civil matter

Question 13

Powers of high court?

Answer 13

no upper limit for damages for personal injury

binding ruling to lower courts on points of law

Question 14

Who staffs a crown court?

Answer 14

circuit judge, recorder, high court judge (for very serious offences, e.g. murder
judge with jury of 12 persons selected from public

Question 15

Types of cases at crown court

Answer 15

indictable offences

appeals from magistrates courts ref sentences

Question 16

Powers of crown court ref H&S

Answer 16

unlimited fine

2 years prison

Question 17

Structure of court of appeal

Answer 17

divided into criminal and civil divisions
35 Lords Justices of Appeal
3 judges sit for appeals from county court, high court and employment tribunal

Question 18

How does court of appeal work?

Answer 18

reviews records of evidence and legal arguments

majority decisions

Question 19

Jurisdiction of court of appeal

Answer 19

appeals from county court, high court (civil matters only), employment appeals tribunal, crown court

Question 20

Powers of court of appeal

Answer 20

uphold or reverse earlier decision

criminal cases - dismiss / allow the appeal, increase sentence, order new trial

Question 21

Who staffs supreme court

Answer 21

between 9 & 12 law lords (life peers)
minimum of 3 sitting
majority decision

Question 22

Types of case at Supreme Court

Answer 22

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

Question 23

powers of supreme court

Answer 23

final court of appeal
uphold or reverse earlier decision
order new trial

Question 24

Where is the high court based

Answer 24

royal courts of justice in London

Question 25

Who is head of civil section of court of appeal

Answer 25

Master of the Rolls

Question 26

Who is head of criminal section of court of appeal

Answer 26

Lord Chief Justice

Question 27

Magistrates court plea process

Answer 27

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

Question 28

Magistrates court trial procedure

Answer 28

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

Question 29

Civil action procedures

Answer 29

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

Question 30

Civil action - pre-action protocol

Answer 30

3 stages - letter of claim, reply, investigation

Question 31

Contents of letter of claim

Answer 31

summary of facts

details of loss (financial, injury suffered)

Question 32

How long to reply to letter of claim

Answer 32

21 days

provide insurer details

Question 33

Claim Investigation process

Answer 33

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

Question 34

Commencement of civil proceedings

Answer 34

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

Question 35

county court case management process

Answer 35

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