Legal System of England and Wales - OVERALL

Question 1

What is the magistrates court?

Answer 1

The magistrates court is the lowest level of court in the hierarchy of criminal courts.

• All criminal cases start in the Magistrates Court
• Deals with summary offences (minor offences) and some triable either way offences (which can be tried in either the magistrates court or the crown court)
• Magistrates court can accept jurisdiction for the cases if they feel it is appropriate
• Can only sentence for up to 6 months or 12 months in total if the defendant has committed multiple triable either way offences

When determining whether the magistrates court has jurisdiction to hear a triable either way offence, they will consider:
1) The seriousness of the offence
2) Any relevant prior convictions
3) Whether the sentencing powers they have are likely to be sufficient to deal with the case

If the magistrates court believes its sentencing powers are insufficient to deal with the case, it will reject jurisdiction for the case and the case will be sent to the Crown Court - ‘allocation’ procedure.

Question 2

What is the crown court?

Answer 2

The crown court is the senior court of first instance in the criminal law.
E.g. Old Bailey in London.

• It deals with serious criminal offences and only hears cases where the defendant is accused of committing an indictable offence or a more serious triable either way offence (e.g. robbery, rape, murder)
• Triable either way offences can also be heard here, as the magistrates court doesn’t have the sentencing powers
• Crown court has a jury in almost all cases and is administered by an executive agency of the Ministry of Justice.

Question 3

What is the civil jurisdiction of the magistrates court?

Answer 3

The magistrates court has limited civil jurisdiction.

Magistrate’s court typically deal with licensing applications and appeals regarding the issuing of pub and restaurant licences.

Question 4

What is the Youth Court?

Answer 4

The Youth Court deals with criminal cases where the defendant is aged between 10 and 17 years old.

-Less formal than an adult criminal court and the magistrates who preside over cases receive specialist training

• All criminal cases involving youth defendants should be tried in the Youth Court
• Serious cases and likely to attract a lengthy custodial sentence should be sent to the Crown Court - e.g. homicide, manslaughter, rape etc.

Question 5

What are the 2 key functions of the appeals system?

Answer 5

1) Allow for the review of decisions that could be unjust or incorrect
2) Allow the higher courts to clarify or reiterate the correct interpretation of the law in a specific area

Question 6

What is the position regarding appeals from the magistrates court?

Answer 6

A convicted defendant can appeal to the Crown Court against their conviction, or their sentence or both.

Question 7

Why are appeals for first-instance decisions bought up?

Answer 7

1) The appeal is against a conviction and/or sentence
2) The appeal is brought on the basis that the trial court acted in excess of their powers and/or misapplied the law
3) The appeal is brought on the basis that there is a real possibility that a miscarriage of justice has occurred; there is a real possibility that a conviction, verdict, finding or sentence would not be upheld on appeal.

Question 8

What happens if a defendant appeals against conviction and/or sentence in for a case heard in the Magistrates court?

Answer 8

They can appeal to the Crown Court (higher court) against their conviction, or their sentence or both.

If the defendant appeals against conviction, their trial will be heard ‘de novo’ AFRESH with all the evidence and witnesses examined again.

• The trial will take place before a Crown Court Judge flanked by two Magistrates.

Question 9

What if the prosecution appeals against conviction and/or sentence in for a case heard in the Magistrates court?

Answer 9

The prosecution has no right of appeal against an acquittal or a sentence imposed by the Magistrates, which it considers too lenient.

Question 10

What if the prosecution or defence consider that the Magistrates court decision was legally flawed (as opposed to evidence or on sentence?

Answer 10

It may appeal to the Administrative Court, a specialist court within the ‘Kings Bench Division of the High Court’.

Known as an appeal ‘by way of case stated’.

Question 11

What is the limitation of having a de-novo hearing?

Answer 11

There is a risk for the defendant that their sentence may be increased if the appeal is unsuccessful.

Question 12

What if the defendant entered a guilty plea can they appeal against their conviction or sentence?

Answer 12

No. They cannot appeal against their conviction as they pleaded guilty.

They can only appeal against their sentence.

Question 13

What happens if a defendant appeals against conviction and/or sentence in for a case heard in the Crown Court?

Answer 13

A defendant convicted and sentenced in the Crown Court may, with permission of the Court of Appeal (Criminal Division) appeal:

1) Their conviction
2) Their Sentence
3) Both conviction and sentence

Question 14

What are the defendants grounds of appeal against conviction in the Crown Court?

Answer 14

There is no automatic right to appeal from the Crown Court to the Court of Appeal (Criminal Division).

• The appellant has to apply on paper to appeal, the permission decision is made by a single judge. If permission is refused, that decision may also be appealed.

-A conviction could be considered ‘unsafe’ where there has been an error in the trial process, fresh evidence, errors made by the defence legal representative or misdirections of law by the trial judge.

• Court will hear an oral argument from counsel for both sides. NOTE: evidence will not be heard again.

Outcome: The Court of Appeal will quash a criminal conviction of the Crown Court if satisfied that the conviction is ‘unsafe’ (not guilty/innocent).

Question 15

What are the defendants grounds of appeal against sentence in the Crown Court?

Answer 15

• The defendant may appeal against the sentence imposed by the Crown Court.
• Permission to appeal is required
• If the appellant is successful, the verdict could be confirmed or overturned or their sentence may be reduced.

The key grounds for appealing against sentence are:
1) The Sentence is not justified by law (i.e. the judge made an error of law when passing it)
2) The sentence was based on incorrect version of evidence
3) The judge took irrelevant matters into account when sentencing
4) The judge misapplied or failed to give sufficient weight to the sentencing guidelines.

Question 16

Can the prosecution appeal a decision made by the Crown Court?

Answer 16

The prosecution has no right of appeal in respect of a defendant who has been acquitted by a jury following a Crown Court trial.

Prosecutor does have a right of appeal in respect of:
1) Rulings made by a trial judge either before or during the trial if the ruling effectively terminated the trial (terminatory rulings) or significantly weakened the prosecution case (evidential rulings).

E.g. prosecution could appeal if the judge refused an adjournment or rules there was no case to answer. These appeals are considered by the Court of Appeal. Permission to appeal must be granted by the trial judge or the Court of Appeal.

Question 17

What are attorney general reference cases?

Answer 17

Following an acquittal in the Crown Court, the prosecution may appeal against a lenient sentence with the consent of the AG. (must be a serious offence)

The Attorney General may refer to a point of law for clarification to Court of Appeal - but this does not effect the acquittal (Criminal Justice Act 1972 s36).

Where the Attorney-General believes that the trial judge has imposed a sentence which is unduly lenient (in certain serious offences) he may refer the case to the court of appeal where the sentence can be replaced by one of the Court of Appeal considers to be more appropriate.

Question 18

Can a defendant and prosecution apply to appeal to the Supreme Court from the Court of Appeal (Criminal Division)?

Answer 18

Yes, either the defendant or the prosecution may apply for permission to appeal to the Supreme Court from the Court of Appeal.

HOWEVER, The Supreme Court will only hear an appeal which is:
1) Certified by the court of appeal or by the Supreme Court
2) Is a ‘point of law of general public importance’ (test is rarely met in individual criminal cases)

Example of public importance test - R v R HoL confirmed that no martial defence to the crime of rape existed in the English Law.

Question 19

What is an appeal for judicial review of proceedings occur (for appeals for cases heard by the magistrates court?

Answer 19

If a case is considered by the magistrates court, either party can appeal to the High Court for a judicial review of the proceedings. Judicial review is treated as a civil matter and cases are heard by the Administrative Court of the Kings Bench Division of the High Court.

A party can make an appeal for judicial review where it believed that the lower has acted
a) unreasonably
b) ultra vires (outside its legal powers)
c) irrationally (it has applied the law in an impermissible manner).

The High Court has similar powers to those it has in relation to appeals by way of case stated.

Question 20

What are appeals referred by the Criminal Cases Review Commission?

Answer 20

The Criminal Cases Review Commission CCRC is a statutory body responsible for reviewing alleged miscarriages of justice in the United Kingdom.

It has power to send a case back to the Court of Appeal for review, if it considers that there is a ‘real possibility’ that the Court of Appeal will overturn the conviction of sentence.

If the decision to be reviewed was made in the Magistrates’ or Youth Court, the CCRC can send it back to the Crown Court for review. This review takes form of a re-hearing, in which all the evidence is heard again.

In order to refer a case for appeal, the Commission usually has to identify new evidence or a new legal argument that makes the case look significantly different. This evidence or argument must not have been considered at the time of the trial, at the initial appeal or in an earlier application to the Commission.

There is an ‘exceptional circumstances’ caveat that allows the Commission to refer to cases with no new evidence or argument, but such instances are extremely rare.

Question 21

What is the Supreme Court?

Answer 21

Apart from cases concerning European law or the European Convention on Human Rights, the Supreme Court is the highest appeal court on civil and criminal matters in the UK.

The Court of Justice of the European Union deals with cases concerning the interpretation of / compliance with European Law.

The European Court of Human Rights has jurisdiction for cases involving the interpretation or application of the European Convention on Human Rights.

The Supreme Court only hears appeal cases involving point of law that is of public importance. It has appellate jurisdiction only. No cases, no matter how important can start in the Supreme Court.

Question 22

What are the superior courts?

Answer 22

1) Supreme Court
2) Court of Appeal
3) High Court
4) Crown Court

All have unlimited jurisdiction both geographically and financially, and generally try the most important and difficult cases.

Question 23

What are the inferior courts?

Answer 23

1) County Court
2) Magistrates Court
3) Family Court

Inferior courts have limited geographical and financial jurisdiction, and deal with less important cases (although they address significantly more cases than the superior courts and therefore play a crucial role in the legal system).

Question 24

What are trial and appellate courts?

Answer 24

A trial court hears cases at first instances (i.e. for the first time). A trial court will rule on issues of fact and law

An appellate court will reconsider the application of legal principles to a case that has already been heard by a lower court. This appeals process allows errors of law - and occasionally fact and procedure - to be corrected.

Question 25

What is the Court of Appeal?

Answer 25

The Court of Appeal is split into two divisions:

Civil Divison
- Hears appeals on civil matters

Criminal Divison
- Hears appeals on criminal matters

Like the Supreme Court, the Court of Appeal only hears appeal cases, it will only hear cases that involve a question of law.

Question 26

What is the High Court?

Answer 26

The High Court is comprised of three distinct divisions

1) Kings Bench Division
2) Chancery Division
3) Family Division

Question 27

Where are civil cases with a value of less than £100,000 (or less than £50,000 for personal injury cases) heard?

Answer 27

In the county court.

Question 28

Where are cases with a value of more than £100,000 (more than £50,000 for PI) heard?

Answer 28

Claimant can choose to commence proceedings in the Kings Bench Division, the Chancery Division or the County Court.

A case should be commenced in the High Court where the case has complex facts, our the outcome of the case has an element of public interest, and the claimant believes the High Court is the suitable court.

In all other cases, the case should be commenced in the County Court rather than High Court.

Question 29

What cases hare heard in the Kings Bench Division?

Answer 29

The Kings Bench Division has the most varied jurisdiction of the three divisions. Generally it hears contract and tort disputes that are complex and involve substantial sums of money. It also contains several specialist courts”
1) Administrative Court
2) Admiralty Court
3) Commercial Court
4) Circuit Commercial Courts
5) Technology and Construction Court

When the court sits as a Divisional Court of the Kings Bench Division, it can hear criminal appeals from the magistrates court and the Crown court, and judicial review hearings.

Question 30

What cases are heard in the chancery division?

Answer 30

The Chancery Division also hears a wide range of civil cases. It typically hears business or property disputes that are complex and/or involve substantial sums of money. The chancery division also incorporates specialist courts, including the following:
- Business and Property Court
- Patents Court
- Intellectual Property Enterprise Court

The Chancery Division can hear a range of matters, including the following:
- Land and property disputes
- Mortgage matters
- Trusts, administration of estates and probate matters
- Bankruptcy matters
- Partnerships and company matters
- Intellectual property matters

Question 31

What is the family division?

Answer 31

The Family Division has jurisdiction to hear complex family law cases.

Exclusion jurisdiction to hear international child abduction cases and cases that involve the inherent jurisdiction.

Family division of the High Court and the Family court and distinct courts. Family court is a separate court and that hears most family law cases.

However, some cases that begin in the Family Court but are considered to be very complex can be transferred to the Family Division of the High Court. The Family Division can also hear some appeals from the Family Court.

Question 32

What is the Family Court?

Answer 32

The Family Court, it is the court of first instance for most family law cases.

Family law cases typically involve the following matters:
- Applications for divorce, dissolution or nullity
- Cases concerning financial or childcare arrangement following relationship breakdown
- Applications for adoption
- Care proceedings

Cases are allocated by gatekeepers, following the principles laid out in the Family Court Rules 2014. This process ensures that cases are considered by an approximately experienced judge.

Question 33

What are Tribunals?

Answer 33

Some civil cases are considered by tribunals. Tribunals are specialists judicial bodies that adjudicate disputes in specialist areas of law.

They play an important role in the administration of civil justice. The Tribunals, Courts and Enforcement Act 2007 introduced a two-tiered Tribunal Court and Enforcement Act 2007 introduced a two-tiered tribunal system.

Question 34

What are the judged in the county court?

Answer 34

There are three levels of judged in the County Court:

Deputy District Judges (DDJ) - most junior and ‘fee paid’ a daily rate rather than salary.

District Judge (DJs) - second level, Judges in the County Court. They hear some final hearings, but the majority of their work is procedural.

Circuit Judges - most senior. They are also circuit judges in the crown court. The more complex cases in the county court will be heard by a circuit judge, they will also hear appeals from decisions by DJs and DDJs.

Question 35

What are the routes of appeal for civil cases?

Answer 35

In civil cases, appeals may be made by either party to a dispute.

Rule 52 of the CPR - requires permission to appeal to be obtained for almost all civil appeals. This permission can be obtained from either the court of first instance or from the relevant appellate court.

Permission can be given where there is a realistic prospect of success or where there is some compelling reason or important point of principle or practice why the appeal should be heard.

An appeal against a decision by a Deputy District Judge will remain in the County Court to be decided by a Circuit Judge.

The decision of a Circuit Judge can be appealed to the High Court and subsequently to the Court of Appeal (Civil Division) but only with permission.

Question 36

When can a decision by a Deputy District Judge in the Court of Appeal (Civil Division) be appealed to the Supreme Court?

Answer 36

In principle, a decision of the Court of Appeal (Civil Division) can be appealed to the Supreme Court, but only if it deals with a point of law of general public importance.

Question 37

Where are appeals against high court decisions heard (civil case)?

Leapfrog procedure

Answer 37

In civil cases, appeals against High Court Decisions are considered by the Court of Appeal.

Permission to appeal must be granted by the Court of Appeal and the case must involve a matter of law of general importance ‘leapfrog procedure’ which allows an appeal from the High Court to go directly to the Supreme Court.

Such appeals are rare and only available in cases where the appeal involves a point of law of general public importance and at least one of the following is satisfied.

1) The appeal raises issues of national importance
2) The result is of particular significance
3) the benefits of early consideration by the Supreme Court outweigh the benefits of consideration of the Court of Appeal.

Question 38

What appeals from the court of appeal can be sent to the Supreme Court?

Criminal and Civil law

Answer 38

Either party can appeal against a decision of the Court of the Appeal. The appeals are considered by the Supreme Court.

HOWEVER, the court of appeal must certify that the case raises an arguable point of law of general public importance that ought to be considered by the Supreme Court.

Permission must be granted by the court of appeal or by the supreme court.

The supreme court concentrates on cases of great public and constitutional importance.

Question 39

What are the rights of audience?

Answer 39

The right of an advocate to be heard in legal proceedings.

Solicitors are granted rights of audience but must acquire higher rights of audience in order to exercise advocacy rights in the ‘higher’ senior courts.

Question 40

What are the solicitor’s rights of audience?

Answer 40

Solicitors are granted rights of audience in all courts when they are admitted to the roll.

However, they cannot exercise those rights in the higher courts unless and until they have completed the required education and training (SRA authorisation of individuals regulations)

There are separate advocacy assessments for criminal and civil advocacy. Higher rights of audience will only be awarded if the solicitor passes the appropriate advocacy assessment and successfully applies for higher rights of audience.

Question 41

What are the barristers rights of audience?

Answer 41

Barristers are granted rights of audience in all courts once they are called to the bar.

They tend to work in the senior courts.

Question 42

Who is Lord Chief Justice?

Answer 42

The head of judiciary (a role previously held by the Lord Chancellor) and the senior judge in England and Wales. President of all the courts, but also Head of Criminal Justice.

Question 43

Who is master of the rolls?

Answer 43

Head of Civil Justice

Question 44

Who are Justices of the Supreme Court?

Answer 44

These judges sit in the Supreme Court which is the final court of appeal in the UK.

Question 45

What are other heads of division of the High Court, High Court (Family Division), and High Court (Chancery Division)?

Answer 45

High Court - President of the Kings Bench Division

High Court (Family Division) - President of the Family Division

High Court (Chancery Division) - Chancellor of the High Court

Question 46

Who are Lord Justices of Appeal?

Answer 46

The Judges that sit in the Court of Appeal.

Question 47

What is stare decisis?

Answer 47

Means binding precedent.

‘stand by what has been decided’.

Once a principle of law has been laid down, future cases with the same material facts must be decided in the same way.

Question 48

What part of the judgement is binding?

Answer 48

A precedent may be:
1) Binding - in which case it must be followed
2) Persuasive in which case it will be considered by the later court and may be followed.

The ‘ratio decidendi’ (central legal reasoning or ratio ) of the judgement is the part that is binding.

Essentially it is the legal principle or rule on which the court’s decision is based, applied to the material facts of the case.

Question 49

What are statements that are not binding to the outcome (but which might have future significance)?

Answer 49

Obiter dicta cases - persuasive but not binding.

Generally, obiter involves:
1) The judge speculating about the decision they would have given if the facts of the case had been different
2) The judge addressing submissions that were made in legal argument but that are no longer relevant given the ratio of the case or
3) Dissenting judgements

OR DECIDED IN A COURT WHOSE DECISIONS ARE NOT BINDING ON THE PRESENT COURT.

Question 50

What does over-ruled?

Answer 50

A precedent is overruled if a superior court in a later case decides the original precedent set in a past case is wrong and sets a new ‘correct’ precedent instead.

The original precedent is no longer good law, for example the Supreme Court may overrule a precedent from the Court of Appeal.

Question 51

What is ‘reversing of a judgement’?

Answer 51

A judgement is reversed if a case goes to appeal and the higher appeal court disagrees with the lower court.

This does not negate a precedent, it simply means the higher court has not applied the law in the same way.

Question 52

Rules of precedent: UK Supreme court?

Answer 52

Binds courts below but not itself

Question 53

Rules of precedent :Court of appeal?

Answer 53

Binds courts below and normally binds itself.

Criminal division more flexible than civil.

Question 54

Rules of precedent: High Court (Family, KBD, Chancery)?

Answer 54

Binds courts below and normally binds itself.

First instance: binds courts below but not itself.

Question 55

Rules of precedent: Crown court?

Answer 55

Not binding.

Question 56

Rules of precedent: Magistrates court?

Answer 56

Not binding.

Question 57

Rules of precedent: County Court?

Answer 57

Not binding.

Question 58

Rules of precedent: Crown Court?

Answer 58

Not binding.

Question 59

Rules of precedent: Family Court?

Answer 59

Family Court High Court Judges and above appellate - binds courts below and normally binds itself.

Below High Court Judges - Binds no one.

Question 60

Rules of precedent: Privy Council?

Answer 60

Highly persuasive.

Question 61

What is the literal rule?

Answer 61

Words must be given their plain and ordinary meaning.

Question 62

What is the Golden Rule?

Answer 62

Narrow: if a word is capable of more than one meaning, you can choose that meaning which does not produce an absurd or repugnant result

Wide : even where a word has only one meaning, interpret it in a way that avoids a result that is onboxious to public policy.

Question 63

What is the mischief rule?

Answer 63

Court considers what mischief or defect in the existing law the statute was intended to remedy.

I.e. what problem Parliament were aiming to tackle when it passed the statute and interpret the statute in light of that aim.

E.g. ‘street / public place’ someone was doing a prostitution at home from their window - was still considered a public place, as it would still solicit potential customers.

Question 64

What is the purposive approach?

Answer 64

Court considers the reason why the statute was passed and its purpose - and will interpret the statute on that basis. WIDEST form.

Question 65

What presumptions does court use when interpreting statute?

Answer 65

(a) against alteration of the common law. Unless the statute expressly states an intention to alter the common law, the interpretation that does not alter the existing law will be
preferred;

(b) against the retrospective operation of statutes. Where an Act of Parliament becomes law, a presumption arises that it will apply only to future actions, unless the legislation is specifically stated to have retrospective effect;

(c) against criminal liability without guilty intention (mens rea). If a statute creates a new criminal offence, it is presumed that the defendant must have a ‘guilty mind’ to be convicted of that offence, unless Parliament makes it clear that the offence is one of strict liability;

(d) against deprivation of the liberty of the individual. If there are two possible constructions of a statutory provision – one that is in favour of the defence and the other that is in favour of the prosecution – the construction that favours the defence should be used,
unless Parliament intends the opposite;

(e) against deprivation of property or interference with private rights;

(f) against binding the Crown. Unless there is a clear statement to the contrary, legislation is presumed not to apply to the Crown

(g) against ousting the jurisdiction of the courts.

Question 66

What aids are there to statutory interpretation?

Answer 66

Intrinsic: statute must be read as a whole and in context. Other possible sources e.g. speeches, academic tracts, well-known law books

Extrinsic-

Interpretation of Acts (definitions commonly found words) e.g. dictionaries, other statutes.

Hansard (record of Parliamentary debates)
- if the statute is ambiguous or the literal meaning leads to absurdity

• the material in Hansard consists of clear statements by a minister or other promoter of the Bill.

Question 67

Structure of an Act: Section?

Answer 67

Each provision of a statute is known as a section. Many statutes will have various sections that list definitions or help the reader to interpret different provisions.

Such sections often appear at the beginning or ends of relevant Parts/Chapters of the statute. It is important
to know where these definitions appear in the Act.

Each section is also accompanied by a
‘marginal note’. In paper versions of the statute, these notes appear in the margins of the
text; in electronic versions, these notes tend to appear as headings.

Towards the end of the statute, there will be sections addressing matters of general
interpretation as well as commencement of the statute, its application and extent.

Question 68

Structure of an Act: Enacting formula?

Answer 68

The enacting formula, being a formally worded paragraph to confirm that the statute has passed all the relevant legislative processes. The common wording is: ‘BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows’

Question 69

Structure of an Act of Parliament: Date of Royal Assent?

Answer 69

The date of Royal Assent, being the final part of the process to enact legislation. Royal Assent to the Consumer Rights Act 2015 was granted on 26 March 2015.

Question 70

Structure of an Act of Parliament: Long title?

Answer 70

A long title, which serves to describe the purposes of the Act (which might serve to assist judges when interpreting the Act). For example, the long title of the Consumer Rights Act 2015 is: ‘An Act to amend the law relating to the rights of consumers and protection
of their interests; to make provision about investigatory powers for enforcing the
regulation of traders; to make provision about private actions in competition law and the Competition Appeal Tribunal; and for connected purposes.’

Question 71

Structure of an Act of Parliament: A Short title?

Answer 71

Name by which the statute is commonly referred, e.g. Theft Act, or Consumer Rights Act.

Question 72

Structure of an Act of Parliament: Year and Chapter Number?

Answer 72

A year and chapter number, being that statute’s unique reference number. From 1962 onwards, each statute has been given a sequential number to identify what order the statute was passed in any calendar year. For example, the chapter number of the Consumer Rights Act 2015 is ‘Chapter 15’ (or c 15) identifying that this Act was the 15th
statute that was passed in 2015.

Question 73

Structure of an Act of Parliament: The Royal Coat of Arms?

Answer 73

A seal for the legislation, indicates it has received royal assent from the monarchy.

Question 74

What is ‘affirming’ of a judgement?

Answer 74

A higher court confirms it agrees with the appeal before it from a lower court.

Question 75

What is ‘departing’ from a judgement?

Answer 75

A court of one level disagrees with a previous decision, in another matter by an equal court.

Question 76

What is ‘applying’ of a judgement?

Answer 76

A court adopts statements of reasoning from other decisions.

Question 77

When does the Court of Appeal, High Court of Appeal bind on itself?

Answer 77

General rule: it does bind on itself subject to the following:

1) Where there are two conflicting decisions of the Court of Appeal, it may choose which to follow

2) Where the previous decisions of the Court of Appeal, even if not expressly overruled, conflicts with a Supreme Court (or HoL decision)

3) Where the decision was made per incuriam (i.e. the court neglected to consider a statutory provision or a binding prceedent)

3) Where it was an interim decision by two judges

4) Where one of its previous decisions is inconsistent with a subsequent decision of the European Court of Human Rights

In criminal matters, where a decision is obviously wrong and would lead to the appellant remaining in goal.

Question 78

Rules of precedent: Court of Justice of the European Union?

Answer 78

Binds UK courts on EU law matters under ss2,3 ECA 1972 (subject to Brexit).

Question 79

Rules of precedent: European Court of Human Rights?

Answer 79

Persuasive in matters relating to convention rights under s2 HRA 1998.

Question 80

What is the difference between the First-Tier Tribunal and Upper Tribunal?

Answer 80

First Tier tribunal acts as a court of first instance.

Upper Tribunal - deals with appeals from the First-Tier Tribunals.

Employment Tribunal system - hear wide range of cases ranging from employment law matters to appeals relating to immigration, asylum, tax, social entitlement and property matters.

Question 81

What are appeals by way of case stated?

Answer 81

• These are appeals on the basis that the lower court incorrect interpreted or applied the law or acted in excess of their powers.
• Both defendant / prosecution can make an appeal by way of case stated.
• These are heard in the Divisional Court of the Kings Bench Division of the High Court and are brought on the basis that an order, judgement or other decision may be wrong in law or made in excess of jurisdiction.
• The hearing consists of legal argument only.
• Either party may appeal against a magistrates court decision by way of case stated (Magistrates Courts Act 1980 s111).
• The High court may reverse, affirm or amend the determination, or it may send the matter back to the magistrates court.

An appeal by way of case stated can also be made following crown court case. It is important to note that this route of appeal is only available if the Crown Court case is itself an appeal from the magistrates court SCA 1981 (s28).