ELS - courts & tribunal systems Flashcards
what is the standard of proof in criminal courts
beyond reasonable doubt
Where does the burden of proof lie in criminal courts
with the prosecution
what cases do the Mags hear
all summary criminal offences and some either way offences
What is the process of appeals from Mags court
Can appeal to the crown and it will be heard fresh at the crown court with 2 mags
If the decision was legally flawed can appeal to administrative course ‘by way of case stated’
what cases do the crown court hear?
Indictable only offences and either way offences
what is the process of appeals from the crown court
With the permission of CofA(crim) can appeal conviction & sentence
Prosecution can also apply to CofA for ‘quashing the acquittal’ if found not guilty of a ‘serious offence’
What will happen with a crown court appeal to CofA
CofA will quash a criminal conviction of the Crown Court if satisfied that the conviction is “unsafe”. The Court will hear oral argument from counsel for both sides, but evidence will not be heard again.
Can you appeal against sentence from CC?
YES
if not justified by law, based on incorrect evidence, judge took irrelevant matters & judge failed to give sufficient weight to the sentencing guidelines
On what grounds can you appeal from CofA to SC
a point of law
or a point of general public importance
what is the judicial committee of the Privy Council
final appeal court and hears crim & civil - not binding but persuasive
what does the Criminal Cases Review Commission
(CCRC) deal with
alleged miscarriages of justice can send case back to CofA if there is ‘real possibility’ CofA will overturn has to identify new evidence or new legal argument
What are the divisions of the High Court
- KBD
- Chancery
- Family
What does the KBD deal with
civil with some crim cases
Administrative = part of KBD and does admin law; civil & crim and appeals ‘by way of case stated’ from mags court
What is the Court of Appeal and its set up
It is the final court of appeal (civ & crim div)
Lord Chief Justice = head
crim cases = 3 judges (LCJ or president of KBD & 2 HC judges)
What is the Supreme Court and what are grounds to appeal there
Highest court, est CRA 2005
Permission to appeal to SC is required and only for ‘general public importance’
Leapfrog appeals = HC straight to SC
What is the standard of proof in the civil court
Balance of probabilities
What is the burden of proof in the civil court
on the claimant
where do most claims begin in the civil system
the county court
what is the appeals process in the county court
They remain within CC to be decided by Chief Justice.
Can be appealed to HC and CofA but only with permission if ‘point of law of general public importance’
What are the routes for access to justice
- Civil Legal aid = merits test & means test
- Criminal Legal aid = everyone entitled at police station; after depends on age/severity/case
What is a litigant in person
An individual who can represent themselves in court
what does the upper tribunal deal with
Admin appeals, tax/chancery, immigration/asylum & land
Are tribunal judges & members legally qualified
tribunal judges = legally qualified
tribunal members = non-legally qualified specialist lay members of panel hearing case
What is the first tier of the tribunal system
Decisions made by the government
