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
