Reasons for a court hierachy Flashcards
What are the two reasons for a court hierachy
Specialisation, Appeals
Define specialisation
Specialisation refers to the courts’ judges and staff developing expertise in particular criminal disputes and criminal procedures. This specialisation develops as a result of each court regularly conducting criminal trials (or appeals) of a particular kind.
Examples of specialisation
EXAMPLES
Supreme Court (Court of Appeal)
Specialises in determining criminal appeals in indicatable offences and has expertise in sentencing principles
Supreme Court (Trial Division)
Hears the most serious indictable offences
County Court
Expertise in particular types of indictable offences
Magistrates’ Court
Summary offences that need to be dealt with quickly and efficiently, committal proceedings and bail applications
Define Appeals
If there are grounds for an appeal, a party who is dissatisfied with a decision in a criminal case can take their matter to a higher court to challenge the decision and have the matter heard or a second time.
Examples of appeals
Appealing on a question of law (law has not been followed )
Appealing a conviction
Appealing because of severity or leniency of a sanction imposed