Courts

Question 1

What does the Court of Appeal need to pass a case?

Answer 1

Court of appeal does not require a unanimous decision - only need a majority

Question 2

When to pick county court or high court?

Answer 2

If value of the case is over £100,000 there is a choice between county and high courts

Question 3

Confession and when it will be excluded on grounds of unreliability

Answer 3

If the police induce a suspect into making a confession then it’s excluded on the grounds of unreliability

Question 4

Confession and when it will be excluded on grounds of unreliability - Prosecution

Answer 4

Prosecution has burden of proving defendant’s confession was not made in unreliable circumstances

Question 5

Medical negligence cases

Answer 5

Medical negligence claim = more complex - multi-track cases

Question 6

An appeal by way of case stated

Answer 6

An appeal by way of case stated is possible where the magistrates err in law or act in excess of jurisdiction. If the case is refused it is then possible to appeal from the High court to supreme court providing it is an exceptional case of general public importance.

Question 7

An appeal by way of case stated - From which court to which?

Answer 7

From magistrates to the Administrative (Divisional) Court of Queen’s bench division not the court court

Question 8

Personal injury claims

Answer 8

Personal injury claims of £50,000 or less should commence in county court. Any that are more should start in the high court and if the facts, legal issues, remedies or procedures are complicated. Queen’s bench division of the high court deals with personal injury claims.

Question 9

Appealing against the crown court

Answer 9

Should seek leave to appeal to the court of appeal criminal division

Question 10

Administrative court

Answer 10

If the claim is a public law challenge to the decision of a public body - Specialist court within Queen’s bench division

Question 11

Appeal on grounds of serious procedural and other irregularities

Answer 11

If judge is unable to focus fully on the arguments brought in and if they did not allow a party to develop their case then an appeal should be brought on ground of serious procedural and other irregularities in the proceedings

Question 12

Appeal in the county court

Answer 12

In a civil matter an appeal of a decision by a district judge in the county court will be heard by a more senior circuit judge in the same court

Question 13

Who can appeal from the Crown court?

Answer 13

Only defendant can appeal to the Crown court

Question 14

When can the prosecution appeal?

Answer 14

Prosecution can only appeal on points of law to the High court. Cannot appeal a sentence in the crown court

Question 15

Delivery up/destruction

Answer 15

Remedy

Question 16

What do the jury decide?

Answer 16

The jury decides questions of fact

Question 17

Questions of law

Answer 17

The judge considers and directs jury who must then apply it to the facts of the case

Question 18

Appeals after a summary trial

Answer 18

Appeals after a summary trial.. The defence has a right of appeal to the Crown court against the conviction if they pleaded not guilty. Thereafter the defence may appeal as of right to the high court on a point of law

Question 19

Court of appeal criminal division

Answer 19

Hears appeals following trials on indictment in the crown court - these must be on points of law and permission is required

Question 20

Reversing

Answer 20

Where a higher court disagrees with the earlier decision in the same proceedings of a lower court