PL1.2 Courts and Tribunals Sustem

Question 1

Criminal Law

Answer 1

Part of public law; concerned with relationship between individual and the State

Question 2

R

Answer 2

Rex or Regina
Prosecution is generally done in the name of the Crown

Question 3

Standard and burden of proof

Answer 3

The level of certainty to which a party must prove their case in order to succeed at trial.
Criminal Law - beyond reasonable doubt
Prosecution bears the burden of proof.

Question 4

Parties

Answer 4

Prosecution and Defendant

Crown Prosecution Service - independent from the police.
Prosecutions can be started by governmental agencies.

Defendants can be individuals are legal persons.

Question 5

Magistrates Courts

Answer 5

Criminal cases start at the Magistrates Court
Cases can be commited to the Crown Court for either sentence or trial.
MC isbound by the Administrative Court, CoA and Supreme Court

Question 6

Crown Court

Answer 6

Senior court for criminal law
Only hears “indictable” offences.
Cases begin at the MC and are escalated
Almost always involve juries.
Administered by the MoJ agency of HM Courts and Tribunals Service

Question 7

Appeals from the Magistrates’ Court - Crown Court

Answer 7

A convicted defendant can appeal to to the CC against their conviction or sentence, or both.
Their trial will be heard “de novo” - afresh
Trial would be in front of a CC Judge and two Magistrates.
Sentencing powers are greater than those of Magistrates; so sentence may be increased

Question 8

Legally Flawed appeal from Magistrates

Answer 8

If Magistrates decision is legally flawed, may appeal to the Administrative Court (specialist court within the King’s Bench Division of the HC).

Known as an appeal by way of case stated.

Question 9

Appeals from magistrates court

Answer 9

Crown Court
Administrative Court - If legally flawed

Question 10

Appeals from a Crown Court - DEFENDANT

Answer 10

Defendant may with permission of the Court of Appeal (Criminal Division):
- Their conviction, sentence, conviction and sentence

Question 11

Appeals from the Crown Court - PROSECUTION

Answer 11

Prosecution may appeal to the C of A
- Criminal Justice Act 2003 - appealing for an order to quash the acquittal of someone found not guilty of serious offence.

• Attorney General may appeal against an unduly lenient sentence

Question 12

Grounds of appeal against conviction

Answer 12

No automatic right to appeal from CC to CoA.
Have to apply - decision made by a single Judge (can also be appealed)/

Question 13

Court of Appeal sitting on conviction by the CC

Answer 13

CoA can quash a criminal conviction of the CC if satisfied that it is “unsafe”.
Court will hear oral argument but evidence won’t be heard
Common arguments relate to new evidence, errors of process or misdirections of law.

Question 14

Grounds for appeal against sentence

Answer 14

Can appeal against sentence imposed by the CC. More common than appealing against conviction. Permission required
- Sentence not justified by law (error)
- incorrect version of evidence
- Irrelevant matters wieghed in sentencing
- Misapplication of sentencing guidelines

Question 15

CoA to the SC

Answer 15

SC will only hear appeals that are certified as being a point of law of general public importance.
Eg R v R [1991] no marital defence of rape

Question 16

Judicial Committee of the Privy Council

Answer 16

Final court of appeal for overseas territories, Crown dependencies and Commonwealth countries that have retained appeal to HM in Council.
Civil and criminal - senior members of the judiciary.
Not binding in English Courts, but highly persuasive

Question 17

Criminal Cases review commission

Answer 17

CCRC
A statutory body responsible for reviewing alleged miscarriages of justice. New evidence or legal argument required.
- Can send cases back to CoA for review, if real possibility of overturn.
- Send back to CC from Magistrates or Youth Court - re-hearing
There are rare exceptional circumstances.

Question 18

Summary of Criminal Court Section

Answer 18

• punish offences against public good
• Burden of proof is beyond reasonable doubt and from the prosecution
• All criminal cases begin in the MC
• CC trial by jury, involving indictable only offences and some triable either way
• CoA hears appeals from CC; decisions binding on lower courts
• CCRC reviews miscarriages of justice

Question 19

Civil Law

Answer 19

Regulates legal relationship between private parties - individuals are legal persons.

Relationships arise from contract, duty of care or other causes of action..

Adjudicated by Civil Procedure Rules

Question 20

Civil Case parties

Answer 20

Claimant and the defendant
Woolf Reforms in civil procedures
A judgment in a civil case
Remedies or damages

Question 21

Civil Case Proof

Answer 21

Standard of proof in civil proceedings is on the balance of probabilities. This is lower than criminal standard. The burden of proof is on the claimant.
More than 50% likely

Question 22

Examples of civil law cases

Answer 22

Personal injury
Professional negligence
Breach of contract
Employment law
Family disputes

Question 23

Civil and criminal liability

Answer 23

Possible for defendant to be liable for both civil and criminal proceedings from the same incident

Question 24

Where do civil cases begin

Answer 24

Most are in the County Court.
Higher value above £100k begin in Higher Court.

Question 25

Tracks for cases in County Court

Answer 25

There are three tracks for cases in the County Court - cases are allocated depending on financial value and complexity.
Track 1: Small Claims Track
Track 2: Fast Track
Track 3: Multi Track

Question 26

Judges in the County Court

Answer 26

Deputy District Judges - junior, fee paid a daily rate
District Judges - next level up, mostly procedural
Circuit Judges - most senior; will hear the most complex cases

Question 27

Appeals from the County Court

Answer 27

Appeal against a DD or a DJ will remain in CC and be decided by a Circuit Judge
Decision of a CJ can be appealed by the HC, or CoA only with permission.
Appeals only to the SC to deal with point of law in general public appointment.
CC does not create precedent

Question 28

Civil Law Summary

Answer 28

CL regulates legal relationships between private individuals.
Parties are claimants or defendants
Outcome is a civil remedy - damages.
Civil Claims usually begin at the County Court, they’re three tracks.
District and Circuit Judges hear cases in the County Court.

Question 29

Tribunals

Answer 29

Specialist judicial bodies dealing with administrative and regulatory matters.
No jurisdiction in criminal matters.

Can be transferred between the County Court - High Court - Tribunals and vice versa.

Two tribunal levels; First-tier and upper Tribunal

Question 30

How was the tribunals system created?

Answer 30

Tribunals, Courts and Enforcement Act 2007

Question 31

First Tier Tribunal

Answer 31

There are 7 tribunals known as chambers.

Most hear appeals from citizens against decisions made by government departments/agencies.

Prperty Chamber and Employment Tribuunal are on a private law basis

Question 32

7 Chambers of First Tier Tribunal

Answer 32

• War Pensions and Armed Forces Compensation Chamber
• Social Entitlement Chamber
• Health, Education and Social Care Chamber
• General Regulatory Chamber
• Tax Chamber
• Immigration and Asylum Chamber
• Property Chamber
  Employment Tribunal is also at first tier, but is not a Chamber

Question 33

Upper Tribunal

Answer 33

Four chambers in the Upper Tribunal , hear appeals from the First Tier.

Four chambers in the Upper Tribunal, hear appeals from the First Tear,

Employment Appeals Tribunal is at Upper Tribunal level but sits separately

Question 34

Administrative Appeals Chamber

Answer 34

• War Pensions and Armed Forces Compensation Chamber
• Social Entitlement Chamber
• Health, Education and Social Care Chamber
• General Regulatory Chamber

Question 35

Tax and Chancery Chamber

Answer 35

Tax Chamber

Question 36

Immigration and Asylum Chamber

Answer 36

Immigration and Asylum Chamber (FTT)

Question 37

Lands Chamber

Answer 37

Property Chamber