Courts and tribunal systems

Question 1

What is the purpose of the Judicial Committee of the Privy Council?

Answer 1

The purpose of the Judicial Committee of the Privy Council is to advise the Crown. In practice, however, the monarch never refuses the advice of the Judicial Committee.

Question 2

What are the regional locations of the High Court?

Answer 2

The divisions of the High Court have district registries or regional centres where High Court cases can be heard. For example, the Administrative Court has regional centres in Cardiff, Bristol, Birmingham, Leeds, and Manchester.

Question 3

What is the purpose of the Supreme Court in the UK?

Answer 3

The Supreme Court is the highest judicial authority in the UK. It was established by the CRA 2005 and started sitting in 2009. The Supreme Court serves as the final court of appeal in the UK.

Question 4

What types of cases does the Judicial Committee of the Privy Council hear?

Answer 4

The Judicial Committee of the Privy Council hears both civil and criminal matters. It consists of senior members of the judiciary, usually from the Supreme Court, as well as senior members of the judiciary from Commonwealth jurisdictions.

Question 5

Where do all criminal cases begin?

Answer 5

All criminal cases begin in the Magistrates’ Court.

Question 6

What are the different divisions of the High Court in the UK?

Answer 6

The High Court in the UK is divided into three divisions: the King’s Bench Division (KBD), the Chancery Division, and the Family Division. Each division has its own specific jurisdiction and handles different types of cases.

Question 7

What types of cases are heard in the Administrative Court outside of London?

Answer 7

Cases of real importance, often where the issue is of particular interest locally, are routinely heard in the courts outside London. This ensures that litigants, public authorities, and the wider community can see these matters being decided within their local area.

Question 8

Are the decisions of the Privy Council binding on the English courts?

Answer 8

No, the decisions of the Privy Council are not binding on the English courts. However, its opinions can be highly persuasive, and some decisions are viewed as almost as authoritative as decisions of the House of Lords or the Supreme Court.

Question 9

What is the role of the Court of Appeal in the UK?

Answer 9

The Court of Appeal is senior to the High Court and has a Civil and a Criminal Division. The Master of the Rolls presides over the Civil Division, while the Lord Chief Justice presides over the Criminal Division. The Court of Appeal hears appeals from lower courts and reviews decisions made by the High Court.

Question 10

What types of cases are heard in the King’s Bench Division of the High Court?

Answer 10

The King’s Bench Division is predominantly a civil court but also has some criminal jurisdiction through the Administrative Court. Judges in the King’s Bench Division mainly deal with common law business, notably actions relating to contract disputes and claims in tort. They also preside over more specialist matters, such as applications for judicial review.

Question 11

What is the role of the Criminal Cases Review Commission (CCRC)?

Answer 11

The Criminal Cases Review Commission (CCRC) is a statutory body responsible for reviewing alleged miscarriages of justice in the United Kingdom. It has the power to send a case back to the Court of Appeal for review if it considers there is a “real possibility” that the Court of Appeal will overturn the conviction or sentence.

Question 12

What is the role of the Court of Appeal (Criminal Division) in the criminal court system?

Answer 12

The Court of Appeal (Criminal Division) hears appeals against conviction and sentence from the Crown Court. Its decisions, particularly on sentencing, are binding on the lower criminal courts.

Question 13

What is the function of the First Tier Tribunal in the UK?

Answer 13

The First Tier Tribunal is a specialist judicial body that deals with administrative and regulatory cases. It is divided into seven chambers, each handling different areas of law. The Upper Tribunal hears appeals from the First Tier Tribunal.

Question 14

What is the role of the Administrative Court in the High Court?

Answer 14

The Administrative Court is part of the King’s Bench Division and is responsible for the administrative law jurisdiction of England and Wales. Its varied work is directed at the lawfulness of actions of central and local government, regulatory and disciplinary bodies, inferior courts and tribunals, and other public bodies and officials exercising public functions. It has both a civil and criminal jurisdiction, notably appeals ‘by way of case stated’ from the magistrates’ courts.

Question 15

What are public inquiries and what is their purpose?

Answer 15

Public inquiries are major investigations convened by government departments to address issues of significant public interest and importance. They have special statutory powers to compel testimony and the release of evidence. Public inquiries have addressed a wide range of topics, including transport accidents, fires, mismanagement of pension funds, and decision-making that has led to war.

Question 16

What is the role of the Crown Prosecution Service (CPS) in criminal proceedings?

Answer 16

The Crown Prosecution Service (CPS) is the body that initiates criminal proceedings in England and Wales. It is independent from the police and other investigative authorities.

Question 17

Can a defendant be subject to both criminal and civil proceedings arising from the same incident?

Answer 17

Yes, it is possible for a defendant to be subject to both criminal and civil proceedings arising from the same incident. For example, if a defendant was driving dangerously and caused someone serious personal injury, they could be prosecuted by the CPS for careless driving, and the victim could bring a civil claim against the driver for damages for personal injury.

Question 18

What is the Chancery Division of the High Court and what types of cases does it handle?

Answer 18

The Chancery Division is the largest unit for handling business and property cases in the country. It incorporates the Insolvency and Companies Court, the Patents Court, and the Intellectual Property Enterprise Court (IPEC). The remainder of the work of the Division is referred to as ‘general Chancery’ work, where the law of equity is most significant.

Question 19

Who can initiate prosecutions in specific situations?

Answer 19

Other governmental agencies, such as the Health and Safety Executive or the Environment Agency, can start prosecutions in specific situations. Local government can also launch prosecutions for minor environmental offenses.

Question 20

What is the role of coroners’ courts in the UK?

Answer 20

Coroners’ courts investigate deaths where the cause is unknown or not due to natural causes. Coroners hear evidence from individuals involved in events leading up to the death and conduct inquests to determine the cause of death. Coroners are not considered members of the judiciary but are typically barristers, solicitors, or medical practitioners with at least five years of experience.

Question 21

Where do most civil claims begin?

Answer 21

Most civil claims begin in the County Court. Higher value claims generally begin in the High Court. There are county courts throughout England and Wales.

Question 22

Who administers legal aid in the UK?

Answer 22

Legal Aid is administered by the Legal Aid Agency.

Question 23

What is the purpose of the Upper Tribunal in the UK?

Answer 23

The Upper Tribunal is a senior court and is equivalent to the High Court. It has four chambers and hears appeals from the First Tier Tribunal. The Employment Appeals Tribunal is at the Upper Tribunal level but sits separately.

Question 24

What is the Business and Property Courts and what courts does it cover?

Answer 24

The Business and Property Courts cover the work of the specialist courts within the Rolls Building in London and at the civil and family courts in Manchester, Birmingham, Leeds, Cardiff, and Bristol. They bring together the work of the Chancery Division and specialist courts of the King’s Bench Divisions of the High Court. The business and property courts include the Commercial Court, the Business List, the Admiralty Court, the Commercial Circuit Court, the Technology and Construction Court, and the Financial List.

Question 25

What areas of law are covered by civil legal aid?

Answer 25

Civil legal aid is available for areas of law set out in Schedule 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). These areas include community care, actions against public authorities, mental health and mental capacity, judicial review, special educational needs, asylum claims, immigration detention, debt where your home is at risk, and public family law regarding the protection of children.

Question 26

What is the role of Deputy District Judges, District Judges, and Circuit Judges in the County Court?

Answer 26

Deputy District Judges (DDJs) are the most junior judges in the County Court and are often ‘fee paid’, meaning they are paid a daily rate rather than a salary. District Judges (DJs) are the next level up and hear some final hearings but primarily handle procedural work. Circuit Judges (CJs) are the most senior judges and hear more complex cases and appeals from decisions by DJs and DDJs.

Question 27

What is the role of the Senior President of Tribunals in the UK?

Answer 27

The Senior President of Tribunals is the independent and statutory leader of the tribunal judiciary in the UK. This office was established under the Tribunals Courts and Enforcement Act 2007. The Senior President heads the tribunals judiciary and acts as a vital link between the Senior President of Tribunals, the judicial officers of their tribunal, and the senior judiciary outside the Tribunals Service.

Question 28

What are the different chambers of the First Tier Tribunal in the UK?

Answer 28

The First Tier Tribunal has seven chambers, each dealing with different areas of law. These chambers include the War Pensions and Armed Forces Compensation Chamber, the Social Entitlement Chamber, the Health, Education and Social Care Chamber, the General Regulatory Chamber, the Tax Chamber, the Immigration and Asylum Chamber, and the Property Chamber.

Question 29

What is the purpose of public inquiries conducted under the Inquiries Act 2005 in the UK?

Answer 29

Public inquiries conducted under the Inquiries Act 2005 have legal powers to compel witnesses to give evidence, provide legal safeguards and procedures, and establish a statutory framework for the appointment of a chair and other inquiry personnel. However, the government is not obligated to act on the recommendations of a statutory public inquiry.

Question 30

What is the role of solicitors in carrying out advocacy in the courts?

Answer 30

Solicitors can carry out advocacy in the Magistrates’ Court, County Court, the Tribunals, and Appeal Tribunals. However, they are not generally authorized to carry out advocacy in the ‘Higher Courts’, which include the High Court, Court of Appeal, and Supreme Court. Advocacy in the Higher Courts is usually carried out by barristers. Solicitors can obtain Higher Rights of Audience to carry out advocacy in the High Courts by undertaking training and passing assessments.

Question 31

What types of cases do tribunals in the UK handle?

Answer 31

Tribunals in the UK are specialist judicial bodies that deal with administrative and regulatory cases. They do not have jurisdiction in criminal matters. Cases may be started in a tribunal or transferred between the County Court and the High Court, and vice versa. There are two levels of tribunals: the First Tier Tribunal and the Upper Tribunal.

Question 32

What is the role of the Civil Cases Review Commission (CCRC)?

Answer 32

The Civil Cases Review Commission (CCRC) is a statutory body responsible for reviewing alleged miscarriages of justice in the United Kingdom. It has the power to send a case back to the Court of Appeal for review if it considers there is a “real possibility” that the Court of Appeal will overturn the conviction or sentence. This review takes the form of a re-hearing, in which all the evidence is heard again.

Question 33

What is the role of tribunal judges in the UK?

Answer 33

Tribunal judges in the UK are legally qualified and responsible for ensuring that the individual tribunal hearings they chair make the correct decision in law. Tribunal members, on the other hand, are specialist non-legally qualified individuals who serve as lay members of the panel hearing the case. Not every panel includes non-legal members.

Question 34

What is the role of the Supreme Court in the appeals process?

Answer 34

In principle, either the defendant or the prosecution may apply for permission to appeal to the Supreme Court from the Court of Appeal. However, the Supreme Court will only hear an appeal that is certified as being on a ‘point of law of general public importance’.

Question 35

What legal powers do public inquiries held under the Inquiries Act 2005 have in the UK?

Answer 35

Public inquiries held under the Inquiries Act 2005 in the UK have legal powers to compel witnesses to give evidence, provide legal safeguards and procedures, and establish a statutory framework for the appointment of a chair and other inquiry personnel. However, the government is not obligated to act on the recommendations of a statutory public inquiry.

Question 36

What is the purpose of the Sentencing Council in criminal proceedings?

Answer 36

The Sentencing Council produces sentencing guidelines for offenses with the aim of promoting consistency in sentencing.

Question 37

What types of cases are heard in the Civil Division and Criminal Division of the Court of Appeal?

Answer 37

The Civil Division of the Court of Appeal hears appeals from the High Court, County Courts (if judgment was given by a Circuit Judge), and certain tribunals. It is headed by the Master of the Rolls. The Criminal Division hears appeals from the Crown Court and is headed by the Lord Chief Justice. Cases in the Criminal Division are generally heard by three judges.

Question 38

What is the status of the Upper Tribunal compared to courts?

Answer 38

The Upper Tribunal is the senior court in the tribunal system and ranks alongside the High Court.

Question 39

Limitation of a statutory inquiry?

Answer 39

A statutory inquiry called under the Inquiries Act 2005 has a number of powers to investigate a particular matter, but governments are not obliged to accept all findings and adopt measures recommended by the inquiry committee.

Question 40

UKSC jurisdiction?

Answer 40

The Supreme Court has jurisdiction to hear appeals from all four constituent parts of the United Kingdom.

Question 41

Leaping frogging process?

Answer 41

A case from the high court being directly appealed to Supreme Court