Courts and Tribunals System Flashcards
What body is responsible for administering the courts except Supreme Court?
HMCTS
Who prosecutes a criminal offence?
CPS
Government Agency (HSE, EA, LA)
If D pleads guilty, can they appeal?
No, but they can apply to vacate their plea
On what grounds can D appeal from Magistrates Court?
Conviction
Sentence
Point of Law
How long does D have to appeal against conviction, sentence or point of law in magistrates court?
21 Days following verdict
If D appeals against conviction at magistrates court:
- how is appeal heard
- where is appeal heard
- who is appeal heard in front of?
Heard de novo (afresh)
in CC
before CC judge and 2 Mags
If D appeals against sentence at magistrates:
- where?
- potential outcome?
CC
(can increase sentence up to max sentencing power available to magistrates)
If D appeals against point of law at magistrates court:
- how is appeal heard?
- Where?
By way of case stated
at Administrative Court (KBD)
What rights of appeal does prosecution have at magistrates court
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
Does D need to permission to appeal from CC?
Yes from Court of Appeal or trial judge
When will an appeal against conviction be successful / quashed?
Conviction is unsafe because:
- new evidence
- errors
- misdirection of law
When will an appeal by D against sentence be successful from CC?
- error of law
- irrelevant matters
- incorrect evidence
- misapplied sentencing guidelines
Can the prosecution appeal against non-guilty verdict (aquittal) or sentence in CC?
P cannot appeal against conviction
Can appeal against:
- sentence IF made by AG and unduly lenient
- point of law IF permission of DPP
If D appeals against decision in CC what court will it be heard in?
Court of Appeal in front of 2 judges
If P appeals against decision in CC where will appeal be heard?
If sentence: Court of Appeal
If point of law: High Court KBD
when can D or P appeal from Court of Appeal in criminl cases?
- 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
Does the Privy Council ever decide a case?
No, only advises Crown
who sits in Privy Council?
SC judges and judges from Commonwealth
What powers does criminal cases review commission have?
- 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
Where do criminal cases begin?
Magistrates
(no consideration of evidence if indicatble only offence)
Where do civil cases begin?
GR: County Court
EXCEPTION: (if over £100k then High Court)
how many tracks are there for cases in county court and how are cases allocated to a track?
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
3
what levels of judges are there in county court?
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)
what is the appeals process from county court?
Decision by DDJ or DJ –> CJ at County Court –> High Court (as of right) –> Court of Appeal (with leave) –> Supreme Court (general public importance)
What are tribunals?
specialist court operating in administrative and regulatory cases
No jurisdiction in criminal matters
how may tribunal levels are there?
First Tier (first instance)
Upper Tribunal (appeals)
How many chambers are there in first tier tribunal?
7
only property chamber deals with private law
note: employment tribunal sits separately
How many chambers are there in Second Tier Tribunal
4
what people are involved in tribunals?
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
What is the role of coroners’ court?
investigate death if cause:
- unknown; or
- non-natural
are there juries at coroners courts?
GR: No
EXCEPTION: v died in state custody
who can be a coroner?
barrister, solicitor, medical practitioner with 5 or more years standing (not member of judiciary)
what are inquiries?
invesitgations given special statutory powers to compel testimony and release evidence
what are the senior courts?
SC, CoA, HC, CC
What courts can solicitors not advocate in witout higher rights of audience?
HC, CoA, SC
what are the locations of High Court ?
Royal Courts of Justice;
District Registries (regional centres)
what are the divisions of HC?
KBD
Chancery
Family
What cases may be heard by KBD?
First instance:
- Contract disputes
- Torts
Administrative Division:
- Judicial Review
- criminal appeals on point of law from Mags
What cases may be heard by Chancery Division of High Court?
Business (insolvency, companies)
Property (patents, IP)
How are judges appointed in High Court?
JAC, recommended by LC, Appointed by Monarch
What is the eligibility criteria to be a high court judge?
satisfy condition every 7 years OR
CJ for atleast 2 years
What types of judges hear cases in High Court?
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)
Where does the court of appeal sit?
Royal Courts of Justice; and
occassional sittings elsewhere
what are the divisions of the court of appeal?
- Civil Division
- Criminal Division
Who is head of the civil and criminal divisions of court of appeal?
Civil: Master of the Rolls
Criminal: Lord Chief Justice
How many judges hear an appeal in civil division of court of appeal?
3
How many judges hear an appeal in criminal division of court of appeal and how will they be comprised?
3 judges comprised of:
- LCJ or KBD President
PLUS - 2 High Court Judges; or
- 1 High Court Judge and 1 Senior CJ
What types of judges are there in the court of appeal?
- 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
How many judges are there in the Supreme Court?
12
When do all 12 SC justices sit?
Case of constitutional importance
What is the senior judge of SC known as?
President
What is the Leapfrog Procedure
HC judgement can be appealed directly to SC (bypass CoA) if matter of constitutional importance
When is civil legal aid available?
- Area of Law in scope under LAPSO (not divorce, benefits, child contact, housing, employment)
- Passes Merits Test: if advice: eligible / if rep: must be at least as likely to win as lose
- Financially Eligible: disposable income and disposable capital (savings, investments, property)
When is criminal legal aid available?
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?)
What is a litigant in person
Any party is entitled to represent themselves (in all courts)
What is a McKenzie friend?
Non-legally qualified person to help in court
- non-regulated
- may charge for services
What are examples of probono legal services?
Citizens Advice
Law Centres
Advocate
