DP8 Reasons for a court hierarchy

Question 1

Why is specialisation important?

Answer 1

Courts and judges develop areas of expertise due to continuously hearing similar charges
- ensures cases are decided accurately and fairly
- judge and magistrate aware of relevant laws and procedures

Question 2

What is an appeal?

Answer 2

If there are grounds for appeal, a party who is dissatisfied with the decision in a criminal case can take the matter to a higher court to challenge the decision.

Question 3

Why are appeals important?

Answer 3

If there is no hierarchy, there are no higher courts. Thus, no parties can challenge the decision.
- creates unfairness if court incorrectly determines case

Question 4

What are the strengths of a court hierarchy?

Answer 4

Enables appeals
- contributes to fairness (incorrect or unjust outcomes reviewed and overturned) ensures participation

Allows specialisation - ensures fair and accurate decisions

Question 5

What are the limitations of a court hierarchy?

Answer 5

Lack of finality in decisions for appeals
- may prolong trauma and inconvenience, infringing engagement (access b/c delays)

One court to hear all cases makes it easier for people to navigate legal system
- access so all people can engage