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SQE Public Law > Courts and Tribunals System > Flashcards

Courts and Tribunals System Flashcards

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1
Q

What body is responsible for administering the courts except Supreme Court?

A

HMCTS

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2
Q

Who prosecutes a criminal offence?

A

CPS
Government Agency (HSE, EA, LA)

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3
Q

If D pleads guilty, can they appeal?

A

No, but they can apply to vacate their plea

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4
Q

On what grounds can D appeal from Magistrates Court?

A

Conviction
Sentence
Point of Law

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5
Q

How long does D have to appeal against conviction, sentence or point of law in magistrates court?

A

21 Days following verdict

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6
Q

If D appeals against conviction at magistrates court:
- how is appeal heard
- where is appeal heard
- who is appeal heard in front of?

A

Heard de novo (afresh)
in CC
before CC judge and 2 Mags

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7
Q

If D appeals against sentence at magistrates:
- where?
- potential outcome?

A

CC
(can increase sentence up to max sentencing power available to magistrates)

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8
Q

If D appeals against point of law at magistrates court:
- how is appeal heard?
- Where?

A

By way of case stated
at Administrative Court (KBD)

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9
Q

What rights of appeal does prosecution have at magistrates court

A

No right to appeal againt aquittal or leniant sentence
May appeal on point of law by way of case stated to KBD within 21 days of verdict

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10
Q

Does D need to permission to appeal from CC?

A

Yes from Court of Appeal or trial judge

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11
Q

When will an appeal against conviction be successful / quashed?

A

Conviction is unsafe because:
- new evidence
- errors
- misdirection of law

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12
Q

When will an appeal by D against sentence be successful from CC?

A
  • error of law
  • irrelevant matters
  • incorrect evidence
  • misapplied sentencing guidelines
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13
Q

Can the prosecution appeal against non-guilty verdict (aquittal) or sentence in CC?

A

P cannot appeal against conviction
Can appeal against:
- sentence IF made by AG and unduly lenient
- point of law IF permission of DPP

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14
Q

If D appeals against decision in CC what court will it be heard in?

A

Court of Appeal in front of 2 judges

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15
Q

If P appeals against decision in CC where will appeal be heard?

A

If sentence: Court of Appeal
If point of law: High Court KBD

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16
Q

when can D or P appeal from Court of Appeal in criminl cases?

A
  • Permission of CoA or SC
  • pont of law of general public importance
  • within 28 days

NOTE: no certificate needed if habeas corpus, dec of incompatibility, contempt of court

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17
Q

Does the Privy Council ever decide a case?

A

No, only advises Crown

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18
Q

who sits in Privy Council?

A

SC judges and judges from Commonwealth

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19
Q

What powers does criminal cases review commission have?

A
  • send decision made in CoA back to CoA for review IF ‘real possibility’ CoA will overturn
  • send decision made in Mags or Youth Court to CC for review (rehearing - everthing heard again)

NEED: new evidence / legal argument never considered before

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20
Q

Where do criminal cases begin?

A

Magistrates
(no consideration of evidence if indicatble only offence)

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21
Q

Where do civil cases begin?

A

GR: County Court
EXCEPTION: (if over £100k then High Court)

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22
Q

how many tracks are there for cases in county court and how are cases allocated to a track?

A

3 tracks and each case allocated to a track depending on value and complexity:
- Small Claims: (less than £10k or £1k if PI)
- Fast Track
- Multi Track

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23
Q

3

what levels of judges are there in county court?

A

Deputy District Judge (DDJ): most junior paid a day rate (fee paid)
District Judge (DJ): Most common (procedural work but some final hearings)
Circuit Judge (CJ): Most senior (complex cases and appeals from decisions by DJs and DDJs)

24
Q

what is the appeals process from county court?

A

Decision by DDJ or DJ –> CJ at County Court –> High Court (as of right) –> Court of Appeal (with leave) –> Supreme Court (general public importance)

25
Q

What are tribunals?

A

specialist court operating in administrative and regulatory cases

No jurisdiction in criminal matters

26
Q

how may tribunal levels are there?

A

First Tier (first instance)
Upper Tribunal (appeals)

27
Q

How many chambers are there in first tier tribunal?

A

7
only property chamber deals with private law

note: employment tribunal sits separately

28
Q

How many chambers are there in Second Tier Tribunal

A

4

29
Q

what people are involved in tribunals?

A

Senior President: independent statutory leader
Tribunal / Chamber President: day-to-day admin
Tribunal judges: chair hearings (legally qualified)
Tribunal Members: lay members of panel hearing hearings

30
Q

What is the role of coroners’ court?

A

investigate death if cause:
- unknown; or
- non-natural

31
Q

are there juries at coroners courts?

A

GR: No
EXCEPTION: v died in state custody

32
Q

who can be a coroner?

A

barrister, solicitor, medical practitioner with 5 or more years standing (not member of judiciary)

33
Q

what are inquiries?

A

invesitgations given special statutory powers to compel testimony and release evidence

34
Q

what are the senior courts?

A

SC, CoA, HC, CC

35
Q

What courts can solicitors not advocate in witout higher rights of audience?

A

HC, CoA, SC

36
Q

what are the locations of High Court ?

A

Royal Courts of Justice;
District Registries (regional centres)

37
Q

what are the divisions of HC?

A

KBD
Chancery
Family

38
Q

What cases may be heard by KBD?

A

First instance:
- Contract disputes
- Torts

Administrative Division:
- Judicial Review
- criminal appeals on point of law from Mags

39
Q

What cases may be heard by Chancery Division of High Court?

A

Business (insolvency, companies)
Property (patents, IP)

40
Q

How are judges appointed in High Court?

A

JAC, recommended by LC, Appointed by Monarch

41
Q

What is the eligibility criteria to be a high court judge?

A

satisfy condition every 7 years OR
CJ for atleast 2 years

42
Q

What types of judges hear cases in High Court?

A

High Court Judge: (appointed by JAC)
Masters: (procedural judges at first instance who deal with proceedings pre and post trial only)
Chancellor of High Court: Head of Chancery Division
Specialist CJs and DJs (within Chancery Division)

43
Q

Where does the court of appeal sit?

A

Royal Courts of Justice; and
occassional sittings elsewhere

44
Q

what are the divisions of the court of appeal?

A
  • Civil Division
  • Criminal Division
45
Q

Who is head of the civil and criminal divisions of court of appeal?

A

Civil: Master of the Rolls
Criminal: Lord Chief Justice

46
Q

How many judges hear an appeal in civil division of court of appeal?

A

3

47
Q

How many judges hear an appeal in criminal division of court of appeal and how will they be comprised?

A

3 judges comprised of:

  • LCJ or KBD President
    PLUS
  • 2 High Court Judges; or
  • 1 High Court Judge and 1 Senior CJ
48
Q

What types of judges are there in the court of appeal?

A
  • Heads of Division: LCJ (criminal), Master of Rolls (civil), President of KBD, Family Div and Chancellor
  • Lord Justices of Appeal
  • High Court Judges
  • Senior CJs
49
Q

How many judges are there in the Supreme Court?

A

12

50
Q

When do all 12 SC justices sit?

A

Case of constitutional importance

51
Q

What is the senior judge of SC known as?

A

President

52
Q

What is the Leapfrog Procedure

A

HC judgement can be appealed directly to SC (bypass CoA) if matter of constitutional importance

53
Q

When is civil legal aid available?

A
  1. Area of Law in scope under LAPSO (not divorce, benefits, child contact, housing, employment)
  2. Passes Merits Test: if advice: eligible / if rep: must be at least as likely to win as lose
  3. Financially Eligible: disposable income and disposable capital (savings, investments, property)
54
Q

When is criminal legal aid available?

A

Arrested and charged at police station: everyone

After police station consider:
1. Age (under 18 automatically entitled)
2. Income
3. Venue (if Mag: interest of justice test: Does D have previous convictions? What is likely impact of further conviction?)

55
Q

What is a litigant in person

A

Any party is entitled to represent themselves (in all courts)

56
Q

What is a McKenzie friend?

A

Non-legally qualified person to help in court
- non-regulated
- may charge for services

57
Q

What are examples of probono legal services?

A

Citizens Advice
Law Centres
Advocate

SQE Public Law (8 decks)

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