Courts and Tribunals Flashcards
The prosecution is generally brought in the name of…
The crown
What is the immediate objective of criminal law?
To punish people who have committed offences against society
Wider sense- establish standards of behaviour for peaceful productive society
What is the standard of proof for criminal law?
Beyond reasonable doubt
Who bears the burden of proof in criminal proceedings?
Prosecution
Who initiates criminal proceedings?
Crown Prosecution Services
Also government agencies/local government
Who can be a defendant to criminal proceedings?
Individuals or legal persons
What happens if a defendant pleads not guilty?
The case goes to trial, verdict, sentencing
When can a defendant not appeal a conviction?
If they have pleaded guilty (but they can vacate their plea)
What is the maximum sentence magistrates can give?
Unlimited fine
6 months prison/
12 months for 2 or more either way
What cases can the magistrates hear?
Summary
Either way
Some civil jurisdiction
What cases can the crown court hear?
Indictable
Either way transferred from magistrates
All crown court trials involve a…
Jury
Who administers the crown court?
HM Courts and Tribunals service
Does the magistrates court create precedent?
No but it is bound by administrative court, CoA and SC
Can a convicted defendant appeal from magistrates court?
Yes against sentence, conviction or both
What does de novo mean and when does it apply?
When a defendant appeals a conviction - heard with all evidence/witnesses examined again
Who sits in an appeal trial at the crown court?
CC judge and two magistrates
What is an appeal by way of case stated?
An appeal on magistrates’ decision being legally flawed to the administrative court
What can a defendant convicted/sentenced at Crown Court appeal against?
Conviction/sentence/both
When can the prosecution appeal to the CoA after conviction at CC?
- Quashing the acquittal of anyone found not guilty of a serious offence
- Attorney General (limited circumstances) against unduly lenient sentence
Is there an automatic right of appeal from the CC?
No, must apply on paper for permission from CoA (criminal division)
How can the CoA quash a criminal conviction of the CC?
If satisfied that the conviction is unsafe.
Oral argument from counsel for both sides
Evidence not heard again
What are the key grounds for appealing sentences made by the CC?
- Not justified by law
- Based on incorrect version of the evidence
- Judge took irrelevant matters into account
- Judge misapplied/failed to give sufficient weight to sentencing guidelines
When will SC hear an appeal?
If its certified as a point of law of general public importance
Is the Privy Council binding?
No but highly persuasive
When can the CCRC send cases back to the CoA?
If it believes there is a real possiblity CoA will overturn conviction/sentence
When can the CCRC send cases back to the CC?
Decision made in Magistrates’/Youth Court
Re-hearing
What does the CCRC have to do to refer a case for appeal?
identify new evidence/new legal argument that makes the case look significantly different
Not considered at the time of trial/initial appeal/earlier application
What does civil law regulate?
Legal relationships between private parties
When may a legal relationship arise? (Civil)
- Contract
- Duty of care
- Causes of action
How can the government be involved in civil cases?
As C or D in its private law capacity
What is the court’s decision in a civil case referred to?
Judgment
What is the outcome for a successful party usually (civil)?
Damages (or other remedies)
What is the standard of proof for civil cases?
on the balance of probabilities
Who is the burden of proof on for civil cases?
Claimant
Where do civil claims begin?
Most - county court, some High Court
What are the three levels of judges in the county court?
- Deputy District Judges
- District Judges
- Circuit Judges
Who can be a coroner?
Barristers, solicitors, medical professionals of not less than 5 years standing
What does the Inquiries Act 2005 allow for?
Legal power to compel witnesses
Legal safeguards and procedures
Appoint chair/personnel, evidence, report + recommendations
Where do judges of the High Court sit?
Royal Courts of Justice in London and the regional District registries
What divisions is the High Court structured into?
King’s Bench Division
Chancery Division
Family Division
What are the senior courts?
Crown Court
High Court
Court of Appeal
Supreme Court
Where does the civil division CoA hear appeals from?
High Court
County Court
Some tribunals
Where does the criminal division CoA hear appeals from?
Crown court
Who is the head of the judiciary?
Lord chief justice
What is a leapfrog appeal?
A civil appeal from High Court straight to Supreme Court
