Courts Flashcards
Learn well
what are the law classification
International
european
national
what is national private law? 4
Private, also called as civil, where there is no state involved such as Laws: Contract Family Land Tort
what is national public law? 3
Involves the state
Criminal
Constitutional
Administrative
What is the hierarchy of courts? 5
Supreme Court
Court of Appeal appellate
High Court + Divisional Courts
Crown / County Inferior
Magistrates courts
what courts hear criminal trials?
Magistrates’ Court and the Crown Court
what are the type of cases?
Summary offences- less serious cases -Magistrates court
Either way offences – defendant has choice of court -Magistrates or crown court
Indictable only offences – murder, rape- Crown court
what are Summary offences
less serious cases
Magistrates court
what are Either way offence
defendant has choice of court
Magistrates or crown court
what are indictable only offences
murder, rape
Crown court
what are summary trials?
These are the least serious criminal offences and are subdivided into offences of different ‘levels’ – level one being the lowest level and level five the highest.
what is a guilty plea?
someone accepting wrong doing
How to deal with triable either way offences?
Triable can be either indictable or summary
1) Plea before venue
2) Mode Trial- if not pleaded guilty to see what else be done
3) Defendant´s election
Choosing Trial by Jury
How do you send cases to crown court?
For indictable offences the case is transferred to the Crown Court immediately from the first hearing at the Magistrates’ Court.
what is committal for sentence?
This is when the magistrate believes that the offence by a defended needed a more severe penalty and transfers the defendant to the crown court.
what does the clerk do in the magistrate court?
They are normally a barrister or a solicitor thats been at least five years’ standing. The role of the clerk is to guide the magistrates on questions of law, practice and procedure.
what can clerks not do in courts?
Decide the outcome of the case or give any input for the decisions that are made.
what is a youth court?
Is a special type of magistrates court for children from 10-17
what happens in a youth court?
Children under the age of 10 cannot be charged with a criminal offence.
There are some exceptional cases; murder or manslaughter, rape, and causing death by dangerous driving.
In addition it is possible for those aged 14 and over to be sent to he Crown Court for trial in any case where they are charged with a serious offence (usually one which for an adult carries a maximum prison sentence of at least 14 years).
what happens in a crown court?
Sentencing decisions transferred from the Magistrates’Court.
Either-way offences transferred from the Magistrates’Court.
Indictable-only offences such as murder, manslaughter, rape and robbery.
what happens in the court of appeal?
A defendant can go for appeal in the court of appeal
Where the previous decision was made per incuriam (carelessly or by mistake
what is the Supreme Court?
The House of Lords was the most senior court in England and Wales. Decisions made here bind all the courts below it.
(Practice Statement 1966)
The House of Lords is bound to follow the decisions of the European Court of Justice if a case involves European Union law.
how can you go to supreme courts?
You can appeal to go to Supreme Court from the court of appeal and around 10 cases are seen in a year
what is the magistrate court?
Civil magistrates – usually same building as Criminal magistrates
Make decisions regarding:
Granting licenses under various Betting and Gaming laws
Enforcing Council Tax demands and issuing rights of entry warrants for gas and electricity authorities
Family cases including orders for protection against violence and maintenance orders
Proceedings concerning the welfare of children
what is the high court? what are the divisions?
Has three specialist courts: Queens Bench (70 judges, contract, tort)
Chancery (17 judges, mortgages, copyright)
Family (17 judges, marriage, children)
