Legal system 1 - court structure Flashcards
What is the judiciary?
the judges
What is a senior judge?
A judge with judicial and important administrative roles
What is jurisdiction?
A court’s or judge’s power to hear a case
Prosecutions are typically brought against individuals by…
the Crown Prosecution Service (CPS)
On whose behalf does the Crown Prosecution Service (CPS) act?
On behalf of the state
The core function of a criminal court is…
to determine the guilt or innocence of a defendant
What is the standard of proof in criminal cases?
beyond a resonable doubt
What is the standard of proof in civil cases?
balance of probabilities
What is the standard of proof?
It is the degree to which a party must prove its case in order to succeed
What is the burden of proof?
It is which party bears the responsibility for proving the case
Who does the burden of proof rest with in civil cases?
with the claimant
Who does the burden of proof rest with in criminal cases?
with the prosecution
Courts that hear cases at first instance are said to have…
trial jurisdiction
Courts that hear appeals are described as having…
appellate jurisdiction
All cases will always commence in a court of…
first instance
A court of first instance is also referred to as a…
trial court
What is the key function of trial courts?
- determine the facts of the case
- reach decision on how the relevan tlaw ought to apply to those facts
Appeals are considered by…
appellate courts
What are the senior courts?
- Crown Court
- High Court
- Court of Appeal
- Supreme Court
What does the court hierarchy establish?
It establishes which decisions must be followed by other courts in the system
Which cases does the Supreme Court hear?
Only appeal cases involving a point tof law that is of public importance
Which divisions are there at the Court of Appeal?
- Civil Division
- Criminal Division
The Court of Appeal only hears…
appeal cases that involve a question of law
Which divisiions does the High Court have?
- King’s Bench Division
- Chancery Division
- Familiy Division
The High Court and the County court have … jurisdiction to hear civil cases
concurrent (parallel)
When should a case be commenced in the High Court?
Where:
* the case has complex facts
* the outcome of the case has an element of public interest
* the claimant believes the High Court is the suitable court
Where a case should not be commenced in the High Court, it should be commenced in the
County Court
What monetary amount is the threshold for the High Court in civil cases?
- GBP 100,000 or higher
- GBP 50,000 or higher for personal injury cases
When a civil case meets the monetary threshold, the claimant
can choose to commence proceedings in the:
(a) King’s Bench Division
(b) Chancery Division
(c) County Court
What cases does the King’s Bench Division hear?
- contract and tort disputes
- Administrative Court
- Admiralty Court
- Commercial Court
- Circuit Commercial Courts
- Technology and Construction Court
- criminal appeals when sitting as Divisional Court of the King’s Bench Division
What cases does the Chancery Division hear?
- business or property disputes
- Business and Property Court
- Patents Court
- Intellectual Property Enterprise Court
What cases does the Family division hear?
- family law cases
- international child abduction cases
What is the relationship between the Family Division and the Family Court?
They are distinct courts.
The Family Division is a Division of the High Court.
The Family Court is a separate court, which hears most family law cases
What cases does the Family Court hear?
Court of first instance for most family law cases
Family law matters will usually be considered by which court?
The Familiy Court
What is the jurisdiction of the Crown Court?
- Typically first instance
Defendant accused of committing - indictable offence
- more serious triable either way offence
What is an indictable offence?
Very serious offences, such as robbery, rape, murder
What is a triable either way offence?
Offences, which can be heard by the Crown Court or the emagistrates’ court.
This depends on the severiousness of the offence.
What is an example of a triable either way offence?
Theft.
It may be serious because o the value or circumstances (e.g. abuse of position of trust).
What is the Magistrates’ court?
It is a court of first instance.
It deals primarily with criminal cases and has limited jurisdiction in respect of some civil cases.
What is in the criminal jurisdiction of the magistrates’ court?
- all cases involving summary offences
- simpler / not too serious triable either way offences
For triable either way offences, a defendant can…
insist on a trial by jury in the Crown Court
What is the magistrates’ sentencing power?
- generally custodial sentence of up to 6 months
- costudial sentence of up to 12 months in total if the defendant has committed multiple triable either way offences
What determinations does the magistrates’ court take to determine jurisdiction?
Whether:
* the offence was serious
* there are relevant prior convictions
* the sentencing powers are likely sufficient for the case
All criminal cases are tried in either
(a) the magistrates’ court
(b) the Crown Court
As a rule of thumb, all criminal cases involving defendants aged between 10 and 17 should be tried in…
the Youth Court
What types of offences exist?
(a) summary offence
(b) triable either way offence
(c) indictable offence
Which criminal cases involving defendants aged between 10 and 17 should not be tried in the Youth Court?
Cases that are very serious and likely to attract a lengthy custodial sentence
What are the key functions of the appeals system?
- allow for the review of decisions that could be unjust or incorrect
- allow the higher courts to clarify or reiterate the correct interpretation of the law
In a criminal case, the appeal is typically brought for which reasons?
- it is against the conviction and/or the sentence
- the trial court acted in excess of its powers and/or misapplied the law
- there is a real possibility that a conviction, verdict, finding or sentence would not be upheld on appeal
If a case begins in the magistrates’ court, the defendant may generally appeal…
against the conviction and the sentence
If a case begins in the magistrates’ court, which court will consider the appeal?
The Crown Court
Appeals considered by the Crown Court involve…
an entire re-hearing of the case
If a defendant entered a plea of guilty in the magistrates’ court, what can an appeal entail?
Only the sentence.
The defendant cannot appeal against the conviction
On appeal in a criminal matter, how can the Crown Court decide?
(a) confirm the verdict and/or sentence
(b) render its own decision
On appeal in a criminal matter, what will the Crown Court review?
All the decisions of the magistrates’ court - not just the points on which the appeal rests
Can the prosecution appeal to the Crown Court?
no
Can the Crown Court increase the sentence of the offender?
Yes
Can the Crown Court increase the sentence of the offender when the sentence is not appealed?
Yes
If a case is tried by the Crown Court, the defendant may appeal against…
the conviction and/or sentence
What must a defendant do to appeal a decision tried in the Crown Court
He must apply for leave
Which court considers appeals against convictions from the Crown Court?
The Court of Appeal
How will the Court of Appeal decide in a criminal matter?
(a) dismiss the appeal - everything remains as was
(b) confirm the verdict and reduce the sentence
(c) overturn the verdict
Appeals against conviction are concerned with whether…
a conviction is “safe” or “unsafe”
What are examples of an “unsafe” conviction?
When there was:
* an error in the summing up
* a procedural irregularity
* fresh evidence is discovered after the trial
When can the prosecution appeal?
- terminatory rulings
- evidential rulings
What is a terminatory ruling?
A ruling by a trial judge in a criminal case, which effectively terminates the trial
What is an evidential ruling?
A ruling by a trial judge in a criminal case, which significantly weakens the prosecution case
The prosecution has no right of appeal in respect of a defendant who…
has been acquitted by a jury following a Crown Court trial
An appeal by the prosecution neccessitates…
permission to appeal by
* the trial judge
* the Court of Appeal
Can the prosecution appeal following conviction in the Crown Court?
Yes.
Typically only against unduly lenient sentences - then brought in the name of the government upon consent by the Attorney General
When the trial court acted in excess of its powers and/or misapplied the law, what is the right form of appeal?
(a) appeal by way of case stated
(b) appeal for judicial review of proceedings
Who considers appeals by way of case stated?
the Divisional Court of the King’s Bench Division
What is the basis for an appeal by way of case stated?
an order, judgement or other decision is:
* wrong in law
* made in excess of jurisdiction
Can an appeal by way of case stated be made following a Crown Court case?
Yes, but only if the Crown Court case is itself an appeal from the magistrates’ court
How can the High Court decide in an appeal by way of case stated?
(a) reverse
(b) affirm
(c) amend
the determination
(d) send the matter back to the magistrates’ court
What is an appeal for judicial review of proceedings?
It is an appeal on the basis that the magistrates’ court has acted:
(a) unreasonably
(b) ultra vires
(c) irrationally (impermissible application of the law)
Who hears appeals for judicial review of proceedings?
The Administrative Court of the King’s Bench Division
Which is the preferred ourt, appeal by way of case stated or appeal for judicial review of proceedings?
appeal by way of case stated
What is the Criminal Cases Review Commission?
It is a body that refers cases
(a) to the Crown Court
(b) to the Court of Appeal
where there may have been a miscarriage of justice
What must be obtained for almost all civil appeals?
permission to appeal
Who can grant permission to appeal in a civil case?
(a) the court of first instance
(b) the relevant appellate court
When are permissions to appeal granted in civil cases?
When:
(a) there is a realistic prospect of success
OR
(b) there is some compelling reason whyt he appeal should be heard
How many levels of appeal are there typically in civil cases?
Only one
Which civil cases are considered by the Court of Appeal or the Supreme Court?
only cases which rraise an important point of principle or practice
An appeal against a County court district judge decision will be considered by…
a circuit judge (County Court)
An appeal against a County court circuit judge decision will be considered by…
a High Court judge
An appeal against a High Court Master decision will be considered by…
a High Court judge
An appeal against a High Court judge decision will be considered by…
(a) the Court of Appeal (Lord Justice of Appeal
(b) the Supreme Court
What is the leapfrog procedure in civil appeals?
an appeal from a High Court judge will be considered directly by the Supreme Court
Can therer be appeals to the Court of Appeal from a High Court decision in criminal matters?
No.
The appeal will be going directly to the Supreme Court
What are the requirements for the leapfrog procedure to the Supreme Court?
At least one of the following must apply:
* the appeal raises issues of national importance
* the result is of particular significance
* the benefits of early consideration by the Supreme Court outweigh the benefits of consideration by the CA
Which court can grant permission to appeal against CA decisions?
Both the CA and the SC
When is an appeal against a decision by the CA possible?
There must be an arguable point of law of general public importance that ought to be considered by the SC
What are rights of audience?
It is the right of an advocate to be heard in legal proceedings
Do solicitors have rights of audience?
Yes, but only in lower courts.
They must acquire higher rights of audience for senior courts
When are higher rights of audience awarded to solicitors?
When they pass the appropriate advocacy assessment.
There is an assessment for civil cases and one for criminal cases
Is the Crown court a senior court?
yes
