Courts and Decision Making Flashcards
What are the Courts of First Instance in Criminal Trials?
Magistrates Court and Crown Court
Who hears Criminal Trials in the Magistrates Courts?
a) a legally qualified district judge, b) a bench of lay magistrates with direction from a legally qualified clerk - Both have sole decision making power of the case.
Who hears criminal trials in the Crown Courts?
A Judge and 12 Jury Members. The Judge decides on questions of the law and gives direction to the Jury who decides on the facts of the case and whether the Defendant is to be found guilty or not guilty.
What are the courts of first instance in the Civil Proceedings?
The County Court, The High Court and the Magistrates Court.
Who hears cases in the County Court?
A circuit judge, a district judge or a deputy district judge.
Who hears cases in the High Court?
A High Court Judge, a Master or a District Judge.
In Civil proceedings, who hears cases in the magistrates Court.
Either a qualified district judge or a bench of lay magistrates.
What does Section 69 of the Senior Courts Act 1981 State.
In the high court proceedings, cases of fraud, libel, slander, malicious prosecution or wrongful imprisonment, may be heard by a Jury.
Who hears cases in the Court of Appeal.
Lords and Lady Justices of Appeal.
In the Court of Appeal, appeals are usually heard by a panel of three judges. When is this not the case?
The Lords and Lady Justices of Appeal will sit in panels of 7 or 9 if the court is being asked to depart from a previous decision, b) a case raises an issue of constitutional significance or c= the issue is of great public importance.