Part 1 - Basic Knowledge of the Law

Question 1

Which courts are most criminal cases dealt by?

Answer 1

Magistrates.

Question 2

Who are more serious cases dealt by?

Answer 2

Crown courts.

Question 3

Briefly outline how verdicts are determined and how sentences are decided in a Crown court.

Answer 3

Each verdict is determined by a jury, and judges sentence.

Question 4

How may the defence or prosecution contest a ruling on law by a magistrates’ court? What about other types of challenge?

Answer 4

By appealing to the High Court by means of the ‘case stated’ procedure. In other types of challenge, the defence can ask the High Court for a judicial review.

Question 5

What is a ‘case stated’ procedure?

Answer 5

A case stated is a procedure by which a court or tribunal can ask another court for its opinion on a point of law.

Question 6

What is a judicial review?

Answer 6

A review taken by the Queen’s Bench Divisional Court of decisions taken by a lower court, tribunal, public body or public office.

Question 7

Who does a defendant appeal to when appealing against a conviction by a magistrates’ court or the severity of the sentence imposed?

Answer 7

A Crown court.

Question 8

Which court judgement binds all other UK courts? Except which court?

Answer 8

Supreme Court. Except Scottish criminal courts.

Question 9

Which court’s decisions binds all lower courts?

Answer 9

High Court.

Question 10

What is a statutory instrument?

Answer 10

Secondary legislation.

Question 11

What is the ECJ and where is it based?

Answer 11

European Court of Justice, in Luxembourg.

Question 12

What does Article 8 of the European Convention on Human Rights state?

Answer 12

Right to respect for private and family life.

Question 13

What does Article 10 of the European Convention on Human Rights state?

Answer 13

Freedom of expression.

Question 14

What must restrictions on the freedom of expression be?

Answer 14

Justified, necessary in a democratic society, proportionate and ‘prescribed by law’.

Question 15

What is a charge and what does it mean?

Answer 15

A formal accusation, giving the alleged offender basic details of the alleged crime. It means the case will be prosecuted and go to court.

Question 16

What is prosecution?

Answer 16

The institution and conducting of legal proceedings against someone in respect of a criminal charge.

Question 17

What is a claimant?

Answer 17

The person making a claim in a lawsuit.

Question 18

What is a defendant?

Answer 18

An individual, company, or institution sued or accused in a court of law.

Question 19

What is an injunction?

Answer 19

A judicial order restraining a person from beginning or continuing an action threatening or invading the legal right of another, or compelling a person to carry out a certain act, e.g. to make restitution to an injured party.

Question 20

What is a settlement?

Answer 20

An official agreement intended to resolve a dispute or conflict.

Question 21

What is the ‘double jeopardy rule’?

Answer 21

When the law prevents someone acquitted of an offence being tried for it again.

Question 22

What are the two exceptions to the double jeopardy rule?

Answer 22

1. If a Crown court trial convicts a person of interference with or intimidation of a juror, witness or potential witness in an earlier trial in which the same or another defendant has been acquitted.
2. Under the Criminal Justice Act 2003, if ‘new and compelling evidence’ emerges after a defendant has been acquitted at Crown court of a serious charge as defined by the Act.

Question 23

How can the Crown court be used as an appeal court?

Answer 23

Defendants can appeal to a Crown court judge against refusal by magistrates to grant bail. Defendants can also appeal to the Crown court against conviction by magistrates, including in youth courts.

Question 24

Who can appeal to the High Court Queen’s Bench Division and on what grounds? How can the prosecution use this procedure?

Answer 24

A defendant convicted by magistrates, or who has appealed unsuccessfully to the Crown court, may appeal to the QBD on the grounds that a decision was wrong in law.

The prosecution can use this procedure to challenge an acquittal by magistrates.

Question 25

When would a juvenile be prosecuted in an adult court?

Answer 25

If the offence is grave or an adult is co-accused.

Question 26

What are the main civil courts and what types of cases do they deal with?

Answer 26

County court (most civil cases) and High Court (most serious cases).

Question 27

Give examples of the types of cases heard before civil courts.

Answer 27

• debt recovery and other breaches of contract
• torts such as trespass, negligence, copyright infringement, and defamation (High Court)
• bankruptcy
• divorce
• care proceedings

Question 28

In what types of civil cases may juries be used?

Answer 28

Cases in which the claim involves an allegation of fraud, false imprisonment, or malicious prosecution.