The courts

Question 1

What is the criminal court?

Answer 1

Concerns the individual and the state.
Brought by state against defendant.
Objective is to punish people who have committed offences against society.

Standard and burden of proof
- Beyond reasonable doubt – satisfied so, you are sure.
- Prosecution bears burden of proof.

Magistrates court - CAN APPEAL TO CROWN COURT WILL BE HEARD AFFRESH

If either the price suto on it the defence consider that the magistrates decision was legally flawed it may appeal to the administrative court - specialist court within the kings bench division. This is an appeal of by way of case stated.

Crown court - - No automatic right of appeal from crown court
Can appeal for conviction, sentence or both.

Prosecution can appeal to CA to apply to court for an order quashing the aquittal of anyone found not guilty of a serious offence.

Attorney general - may appeal - against unduly lenient sentence imposed bye the crown court.

• Appellant has to apply for permission to appeal. This is decided by single judge. If single judge denies this decision can be appealed too
• CA will quash a criminal condition if CC is satisfied the conviction is unsafe. Court will hear oral argument from counsel but evidence will not be heard again.

Appeal against sentence - the key grounds are

Grounds are:
- The sentence is not justified by law
- Sentence was based on an incorrect version of the evidence.
- Judge took irrelevant matters into account
- Judge misapplied.

Appeal to supreme court from CA
- Only hear point of law of general public importance.

Question 2

What is the civil court?

Answer 2

Legal relationship between private parties.
- Government can be but only in its private law capacity.
- Parties are claimant and defendant.
Standard of proof – is on balance of probabilities
- On the claimant

cases begin in county court – higher claims begin in high court.
- Allocated to a track.
Judges
- Deputy district judges – junior –
- District – hear some final hearing
- Circuit judges – most senior

APPEALS FROM COUNTY COURT CAN BE TO HIGH COURT AND TO CA but only with permission.

Question 3

What are statutory judicial bodies?

Answer 3

Specialist judicial bodies dealing with administrative and regulatory cases – not in criminal.
First tier tribunal
- 7 kinds known as chambers.
War pensions
Social entitlement
Heart, education and social care
General regulatory
Taxchamber
Immigration
Property

Upper tribunal
- Hearing appeals from first tier
Administrative appeals chamber for war pensions and social entitlement chamber

Senior president heads the tribunal judiciary.

A tribunal or chamber president responsible the day-to-day judicial administration of tribunal.

Tribunal judges – are legally qualified
Tribunal members – are lay members

Coroners court - deciding cause if death
- inquest

Public inquiries - investigations convened by government departments that are given statutory powers - matters of public concern.

Question 4

What are the senior courts?

Answer 4

Supreme court
- Permission to appeal required, general public importance
CA
- Civil division hears from high court, country courts and certain tribunals. Headed by Master of Rolls. Heard by 3 judges
- Criminal division – headed by Lord chief justice – 3 judges also.
High court
- Sits in royal courts of justice.
- Kings bench
1. Mainly deal with common law business.
2. Also preside over judicial review.
3. Administrative court – lawfulness of actions of centra and local government and bodies.
- Chancery division
1. Business and property cases.
- Family division
- Judges – called honourable Ms Justice. – there are procedural judges called masters.

Question 5

Rights of audience?

Answer 5

Solicitor can carry out advocacy in magistrates court and appeal tribunals. NOT IN HIGHER COURTS UNLESS OBTAIN HIGHER RIGHTS OF AUDIENCE.