English Legal System Week 2 Flashcards
Structure of English Court
Supreme Court
Court of Appeal
High Court
Crown Court
County Court
Magistrates Court
Lowest Level Court
Magistrates Court and County Court which deals with the less serious criminal and civil cases
Middle Tier Court
Crown Court which deals mainly with criminal issues and High Court dealing with civil issues
Top Tier Court
Supreme Court which is the ultimate appeal court for both criminal and civil cases in England, Wales and Northern Ireland.
Info about the structure
Within this structure, there’s no complete separation of criminal and civil courts, courts that hear cases in full for the first time (courts of first instance or courts of original jurisdiction)
Courts that hear cases on appeal from other courts are known as Appeal Courts
Courts in England and Wales form a system of hierarchy meaning that certain courts are superior to others
State Decisis
Doctrine of Binding Precedent:
- In deciding a case, an english judge doesn’t look at earlier decisions of judges in similar cases for guidance
- It’s actually bound to apply the law decided by those earlier cases, if the earlier cases were heard in a court of superior status and involve similar facts
Create certainty in our laws - Binding Precedent
Decisions made in higher courts have to be followed by public
Magistrates Court - Resolving Legal Disputes
Part of the criminal court system
Lowest criminal court and 95% of criminal cases are concluded here
Offences that are classed as either summary or triable either way start in this court
They cover crimes such as driving without insurance, careless driving and using threatening, abusive or insulting words and behaviour
Triable Either Way (Hybrid Offence)
May be tried in either the Magistrates or the Crown Court
These are offences that ca either be serious or trivial - mid range offences such as theft and burgulary
Seriousness of case depends on the facts, for example, the offence of theft may be the theft of £500,000 from an employer or could be minor where an individual steals £30 jacket from a shop
If offences are triable either way, it’s first brought before the magistrate court which will decide which is the most suitable venue for the trial of the case
Magistrates
If Magistrates decide that the case before them is serious, they can send the case for trial at the Crown Court.
Magistrates may believe the case should be heard as a summary offence in Magistrates Court
Magistrates are volunteers and aren’t legally qualified
Need to rely on clerk of the court as they have no legal training
Clerk of court is legally qualified
Clerk advises them on the law, sentencing and procedure
Magistrates can fine and imprison offenders. If the Magistrates believes a more severe punishment is needed they can refer the defendant to the crown court for sentencing
Magistrates can issue a community sentence such as unpaid work in the community or a ban from driving or keeping an animal
Magistrates can choose to combine sentences and may issue a fine and also require an offender to undertake community service
Criminal cases are reported as R v Smith (R = Crown) so its the Crown against Smith
Crown Court - Resolving Legal Disputes
The crown court is a criminal court and an appeal court and it hears more serious cases.
Can also hear appeals from Magistrates Court
Hears indictable offences - rape and grievous bodily harm as well as homicide (murder and manslaughter)
Serious triable either way offences:
- In indictable and serious triable either way offences, if the defendant not guilty, a jury will decide the guilt or not of the defendant
- Trial is usually heard by a judge and jury of 12 ordinary people. The judge advises the jury on the law and the jury decides whether the defendant is guilty or not
Sentencing cases referred from the magistrates court
Legal aid and bail applications
Appeals - a defendant found guilty in the Magistrates’ Court can appeal against their conviction or sentence in the Crown Court
Jury Decisions
Jury decides if someone’s innocent or guilty
Jury decides on sentence
Crown Court is a criminal court and an appeal court
Death by dangerous driving = heard in Crown Court as it’s serious
County Court - Resolving Legal Disputes
Court is a civil court - deals with non criminal cases
Civil cases reported in the names of parties = Smith v Jones
Hears cases relating to contract disputes, tort - for example, individuals seeking compensation for injuries, recovery of land or debts (someone might owe debt to business)
Any cases heard in County Court can also be heard in High Court
High Court hears the complex, costly and specialist cases
High Court - Resolving Legal Disputes
Main court is situated at Royal Courts of Justice in London but cases are heard in other cities
Divided into 3 division
- The King’s Bench Division - Covers disputes relating to personal injury, negligence, breach of contract
- The Chancery Division - Deals with matters relating to trusts, mortgages, finance and administrations of estates of deceased persons, company law, partnerships and bankruptcies
- The Family Division - Covers international child abduction and forced marriages
High Court as an Appeal Court
High Court is also an appeal court
Judges in these courts are bound by decisions of the supreme court and the court of appeal but not by decisions made at High Court Level
Each of the three divisions of the high court has a divisional court where two judges sit to hear appeal cases
When these courts are acting as appeal courts they’re called a divisional court of the high court
Must follow the decisions of Supreme Court and the Court of Appeal`
Court of Appeal - Resolving Legal Dispute
Court has two divisions - civil and criminal division
Usually three judges sit but it can go up to 5 or more in important cases
Civil Division
The court hears appeals from lower civil courts (county courts, high court)
Also hear appeals for some tribunals - employment appeals tribunal
Civil division is bound by decisions of the supreme court and its decisions bind all the courts that are inferior
Criminal Division
Courts hear appeals from Crown Court - has heard triable either way offence suitable for Crown Court or one that’s an indictable offence
Criminal division is bound by the decision of the Supreme Court and its decision binds all the courts that are inferior