e2.5 - Structure and function of the courts and related institutions Flashcards
Criminal court structure
- Court of appeal
- Crown court
- Magistrates court
Civil court structure
- Court of appeal
- High court of Justice
- County courts
Summary
Dealt with by court of summary jurisdiction i.e. Magistrates court (minor offences)
Triable either way
Can be heard in either a magistrates or crown court (decision up to the accused)
Indictable only
Can only be heard in a crown court (more serious offences)
Magistrates court
Three magistrates (justices of the peace) or one district judge
Limited powers of sentencing
Carry out committal proceedings for indictable offences
Court may send to crown court for sentencing
appeals heard in crown court
Magistrates court appeals to the crown court
Available to the defence only
Can be made against the conviction or sentence
Heard at the crown court by a judge and two magistrates
Decision normally final, but can appeal to QBD court on a point of law
Magistrates court appeals to the QBD (queens bench divisional court)
Available to the prosecution or defence
Appeal made on a point of law
Both defence and prosecution may then appeal to the supreme court if point of law of general public importance
Crown court
Hears cases on indictment or triable either way offences from magistrates court
consists of Judge and jury (12 jurors)
Defendants committed from magistrates court for sentencing
Appeals from magistrates court
Appeals from crown court
Can be made to QBD Court by prosecution or defence by way of case stated
Otherwise appeal is made to Court of Appeal (Criminal Division)
By defence:
Against conviction on a point of law or point or fact
Against sentence
By prosecution:
Against an acquittal – no right of appeal against a finding of not guilty by a jury
Against sentence – can appeal against unduly lenient sentence
Appeals to Supreme court
From QBD Court and Court of Appeal (Criminal Division)
Both defence and prosecution may appeal to the Supreme Court on
a point of law if of general public importance
In practice only about 5 appeals per year
Criminal procedures of prosecutions
Information laid before the magistrate
Summons is served on person or corporate body
Examining magistrate decides whether there is a case to answer
If there is a case to answer, the magistrate will decide whether the case should be heard summarily or on indictment
If decided summarily, decision is explained to defendant; he or she must consent to summary trial, i.e. the defendant retains the right to elect for trial
by judge and jury
If offence to be tried on indictment, Magistrates’ Court proceedings are known as ‘committal proceedings’
County courts
Approx. 200 in major towns in England and Wales
Usually single circuit judge presides
Contract law and tort
Monetary limits - personal injury claims up to £50000
Appeals to court of appeals
Claims up to 50k max
High Court of Justice (The high court)
Based at the royal courts of justice in London
Three main divisions:
Chancery
Family
Queens Bench (QBD for claims over 50k)
QBD concerned with accident claims
Chaired by a high court judge
Appeals go to court of appeal
Function of Employment tribunals
Hear cases of dispute with the aim of resolution (usually between employer and employee)
Hear cases to do with discrimination, race relations, trade unions, equal pay, employment protection, Health and safety cases ( enforcement notices)
