GENERAL MATTERS

Question 1

Court

Answer 1

In England and Wales, criminal and civil courts have distinct and separate systems and jurisdictions. All criminal ofences, be they motoring ofences or murders, start in the Magis-
trates’ Courts. More serious ofences then progress to the Crown Court.

Question 2

The Crown Prosecution Service

Answer 2

1. Generally, the state, in the form of the Crown Prosecution Service (‘CPS’), brings criminal cases to court. The CPS prosecutes on behalf of the Crown (‘Rex’). Therefore, a criminal case is named ‘Rex versus’, ‘Rex and’, or ‘The Crown and’ in court. This is very often shortened to ‘R. v’.
2. The CPS is not the only body that can bring a criminal case against someone. Local authorities, such as county councils and cities, can also bring certain cases.

Question 3

CRIME AND TORT DISTINGUISHED

Answer 3

Claims against defendants in tort actions are brought in the civil courts. The aim of a claim in tort is to compensate the claimant for the tort (compensation) or to** prevent the tort** from reoccurring (injunction). While the criminal courts also aim to compensate for and prevent criminal acts, the courts have other objectives, for example,** punishment** (imprison-ment, fnes), incapacitation (imprisonment, curfew), deter-
rence, and rehabilitation. For those reasons, the rules of the criminal court are far more strict than those of the civil court.