The English Court System

Question 1

Can the public access the courts?

Answer 1

Yes, this is part of ‘open justice’.

Question 2

What are the two main elements of open justice?

Answer 2

> Laws publicly made.

> Publicly administered in the courts.

Question 3

What are the courts of first instance for criminal cases?

Answer 3

> Magistrates court.

> Crown court.

Question 4

What are the courts of first instance for civil cases?

Answer 4

> County court.

> High court.

Question 5

What are the 4 courts of appeal?

Answer 5

> Crown court.
High court.
Court of appeal.
Supreme Court.

Question 6

What is the highest level court?

Answer 6

Supreme Court, followed by the court of appeal, then the sub-divisions of criminal and civil courts.

Question 7

How are judges appointed?

Answer 7

From the ranks of the legal profession, usually experienced lawyers.

Question 8

What is the role of the Lord Chief Justice?

Answer 8

The president of the courts of England and Wales and head of criminal division at the court of appeal.

Question 9

Who is the current Lord Chief Justice?

Answer 9

Sir Ian Burnett.

Question 10

What is the head of the civil division at the court of appeal called?

Answer 10

The master of the rolls.

Question 11

Who is the current master of the rolls?

Answer 11

Sir Terrence Etherton.

Question 12

What are the judges of the Supreme Court called?

Answer 12

Justices of the Supreme Court.

Question 13

What are the judges of the court of appeal called?

Answer 13

Lord/Lady justices of appeal.

Question 14

What are the judges of the Crown court called?

Answer 14

High court judges and circuit judges.

Question 15

What are the judges of the magistrates court called?

Answer 15

District judges and magistrates.

Question 16

What are the judges of the high court called?

Answer 16

High court judges.

Question 17

What are the judges of County courts called?

Answer 17

Circuit judges and district judges.

Question 18

What are the 3 different levels of criminal cases?

Answer 18

> Indictable.
Summary.
Either way.

Question 19

What is an Indictable offence and what court will it go to?

Answer 19

For serious cases EG: Murder. Cases go straight to the crown court.

Question 20

What is a summary offence and what court will it go to?

Answer 20

For minor offences EG: Careless driving. Cases go to the magistrates court.

Question 21

What is a either way offence and what court will it go to?

Answer 21

For mid-range cases. Will be heard first in the magistrates court, but if deemed to serious will then be sent to the crown court. The defendant has a right to insist on a trial in the crown court for a either way offence.

Question 22

What percentage of criminal cases are settled in the magistrates court, and what percentage are appealed?

Answer 22

95% of all criminal cases and less than 1%.

Question 23

What are the two other cases that the magistrates sometimes hear?

Answer 23

> Youth court (10-17).

> Civil jurisdiction EG: Family proceedings.

Question 24

What panel will hear cases at crown court, and where does it hear appeals from?

Answer 24

A judges and a jury, it hears appeals from the magistrates, but the appeal has no jury.

Question 25

What sort of cases does the county court hear?

Answer 25

Most civil cases including contract and tort.

Question 26

What determines which court civil cases get sent to?

Answer 26

> Complexity.
Value.
General public importance.

Question 27

What are the 3 divisions of the high court?

Answer 27

> Chancery.
Queens bench.
Family.

Question 28

What cases will the Chancery court hear?

Answer 28

Trusts, mortgages, probate, company law and insolvency.

Question 29

What cases will the Queens bench hear?

Answer 29

Contract and tort cases that are unsuitable to county courts.

Question 30

What cases will the family division hear?

Answer 30

Matrimonial and family issues, such as adoption and divorces.

Question 31

When and how was the Supreme Court established?

Answer 31

It was established by the CONSTITUTIONAL REFORM ACT 2005 and came into being on the 1st October 2009.

Question 32

What are some other important courts outside of the English hierarchy?

Answer 32

> The court of justice of the European Union (ECJ).
European court of Human rights (ECHR).
Judicial committee of Privy council.

Question 33

What is the ECJ?

Answer 33

It is made up of 1 judge from each member state, its main role is to make sure UE law is applied in the same way across all members, any interpretations are binding on all English courts.

Question 34

What is the court of Human rights?

Answer 34

Judges sit independently of their countries, and its purpose is to ensure members that signed the EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 Adhere to their obligations.

Question 35

What is the Judicial committee of Privy council?

Answer 35

It is made up of Lords or appeal and lawyers from certain commonwealth countries who have held high judicial office. It is the final court of appeal for civil and criminal issues for some commonwealth countries EG: Jamaica. It’s decisions are not binding on English courts.

Question 36

What is a ‘Leapfrog’?

Answer 36

Occasionally, about 10 times per year, cases leapfrog from the high court to the Supreme Court.

Question 37

What are the 3 conditions for a leapfrog to happen?

Answer 37

> All parties must consent to it.
The high court judge who heard the original case must certify the case involves a point of law of general public importance.
Supreme Court must grant permission.