Courts Of England And Wales Flashcards
Name the courts of first instance
County court
Family court
High court
What is the overriding objective to civil procedure rules R1.1
Enabling the court to deal with cases justly and proportionate to cost
What is the overriding objective of family procedure rules
Enabling the courts to deal with cases justly having regard to any welfare issues involved
When will a claim be heard in the high court instead of county court?
Over £100,000
Damage value in PI claim over £50,000
Deformation cases libel and slander
When will a PI claim become fast track?
If over £1000.00
Who does Divisional court of high court hear appeals from?
Lower courts
Tribunals
Name the 3 divisions of court
1st instance
Special courts
Appellant jurisdiction
Under queens bench divisions which cases are heard under first instance
Pi Negligence Breach of contract Debt Possession of land Deformation
Under queens bench divisions which cases are heard under special courts
Admiralty court
Commercial court
Administrative court
Technology and construction court
Under queens bench divisions which cases are heard under appellant jurisdictions
Disputes from lower courts
Judicial reviews
Under chancery divisions which cases are heard under first instance
Contentious probate
Trusts
Mortgages
Under chancery divisions which cases are heard under specialist courts
Intellectual property ( patents)
Companies court
Bankruptcy court
Under chancery divisions which cases are heard under appellant jurisdictions
Appeals from county court on bankruptcy and insolvency
Under family divisions which cases are heard under first instance
Wardship
International family disputes
Vulnerable adults
Under family divisions which cases are heard under specialist courts
None
Under family divisions which cases are heard under appellant jurisdictions
Cases are heard by junior judges in family court
Magistrate court appeals on law are referred to
Appeals by way of case stated
Commercial court, technology and contraction court, bankrupt court, companies court and intellectual property court are known under what combination court
Business and property courts
Why were Commercial court, technology and contraction court, bankrupt court, companies court and intellectual property combined?
Easier name to remember
Judges can be deployed across courts
Complex cases can be dealt with within their region
When would a appeal from high court and divisional court of high court go to Supreme Court direct?
When there is a point of public importance
What kind of appeals do magistrates court deal with?
Civil appeals on council tax and unpaid tv license
Name 3 offences within criminal courts
Summary offence
Either way offence
Indictable only offence
When will a case be allocated to summary offence
If the offence is minor
Name process to allocate an either way offence
The case is intermediate level of seriousness
Preliminary hearing in magistrates court
Hearing decides if it stays in magistrates court or goes to crown court
Which court will indictable case be allocated to?
Always crown court after a preliminary hearing in magistrates court
What is the objective of the criminal procedure rules R1.1
Criminal cases to be dealt with justly
Which European law ensures the right to a free trial?
Art 6 European convention on human rights
Name 3 circumstances when a magistrates court will hold a preliminary hearing?
To decide if an either way offence will go to trial in magistrates court or the crown court
To send an either way offence to the crown court
Sending indictable cases to the court
Which act supports sending an either way offence to the crown court and an indictable offence to the crown court
S51 crime and disorder act 1989
3 facts about youth courts
Offenders are between 10 and 17 years of age
Public are not able to attend hearings
Sentences can be delivered for rehabilitation orders, detention, training orders
What is the limited sentencing a magistrates court can deliver?
6 months
Or
12 months for an either way offence
Which act is pending to increase magistrates sentences to 12 months
S154 criminal justice act 2003
S85 legal aid sentencing and punishment of offenders act 2012 enables what?
Offenders to be given an unlimited fine or community service if sentenced within magistrates court
Name the 2 different types of appeal in magistrates courts and where are they heard
Appeals on points of law go to divisional court of the high courts
Appeals on sentencing go to crown court
How many tiers does crown court have?
3
Top tiers and lower tiers
What is the highest sentence the crown court can deliver?
Life imprisonment
Where do crown court appeals get heard?
Court of appeal
If an appeal from the magistrates court is appeals after it has been to the crown court where will the next appeal be heard?
Divisional high court of the high court
Who hears the appeals in the court of appeals?
Master of rolls
Lord Chief Justice
President of family division
Which appeals does the Supreme Court hear?
Civil and criminal appeals from England and Wales
Civil appeals from Scotland
Where are appeals from the Supreme Court heard?
Courts of justice of the European Union on law appeals
European convention of human rights go to European court of human rights
Who are the criminal case review commission?
They were created under criminal appeal act 1995 to deal with cases of miss justice
For a case to be appealed under the CCRC which 3 elements are required to investigate a case?
New evidence
New legal argument
Exceptional circumstances
If the CCRC decides that a case is misjudged under the magistrates court what will happen?
The CCRC can make the crown court aquit or reduce the sentence of the offender
If the CCRC decides that a case is misjudged under the crown court what will happen?
The CCRC will refer their findings to the court of appeal who will make a decision
