PL1.2 Courts and Tribunals Sustem Flashcards
Criminal Law
Part of public law; concerned with relationship between individual and the State
R
Rex or Regina
Prosecution is generally done in the name of the Crown
Standard and burden of proof
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.
Parties
Prosecution and Defendant
Crown Prosecution Service - independent from the police.
Prosecutions can be started by governmental agencies.
Defendants can be individuals are legal persons.
Magistrates Courts
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
Crown Court
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
Appeals from the Magistrates’ Court - Crown Court
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
Legally Flawed appeal from Magistrates
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.
Appeals from magistrates court
Crown Court
Administrative Court - If legally flawed
Appeals from a Crown Court - DEFENDANT
Defendant may with permission of the Court of Appeal (Criminal Division):
- Their conviction, sentence, conviction and sentence
Appeals from the Crown Court - PROSECUTION
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
Grounds of appeal against conviction
No automatic right to appeal from CC to CoA.
Have to apply - decision made by a single Judge (can also be appealed)/
Court of Appeal sitting on conviction by the CC
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.
Grounds for appeal against sentence
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
CoA to the SC
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
Judicial Committee of the Privy Council
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
Criminal Cases review commission
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.
Summary of Criminal Court Section
- 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
Civil Law
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
Civil Case parties
Claimant and the defendant
Woolf Reforms in civil procedures
A judgment in a civil case
Remedies or damages
Civil Case Proof
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
Examples of civil law cases
Personal injury
Professional negligence
Breach of contract
Employment law
Family disputes
Civil and criminal liability
Possible for defendant to be liable for both civil and criminal proceedings from the same incident
Where do civil cases begin
Most are in the County Court.
Higher value above £100k begin in Higher Court.
Tracks for cases in County Court
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
Judges in the County Court
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
Appeals from the County Court
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
Civil Law Summary
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.
Tribunals
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
How was the tribunals system created?
Tribunals, Courts and Enforcement Act 2007
First Tier Tribunal
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
7 Chambers of First Tier Tribunal
- 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
Upper Tribunal
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
Administrative Appeals Chamber
- War Pensions and Armed Forces Compensation Chamber
- Social Entitlement Chamber
- Health, Education and Social Care Chamber
- General Regulatory Chamber
Tax and Chancery Chamber
Tax Chamber
Immigration and Asylum Chamber
Immigration and Asylum Chamber (FTT)
Lands Chamber
Property Chamber
