Topic 3 - Court structure and hierarchy Flashcards
What kind of trials do the magistrates hear?
Most minor offences
Pre-Train hearings to find your plea of guilty or not guilty
Youth courts
Are magistrates cases reported in the law reports?
No.
What kind of cases does the crown court hear?
Major criminal offences
What court does the crown court hear appeals from?
The magisrates
Does the court of appeal bind any other courts?
All lower courts
Do trails take place at the appeal court?
No
What court does the supreme court bind?
All lower courts
What court does the supreme court hear appeals from?
Appeal court
Why can’t he HoL or Supreme court be bound by its previous decisions always?
Because if they all keep old laws then it cannot keep developing with society
When can the HoL and SC change from a previous case?
Only if there was an error in a previous case
A can example from when the HoL overrules a previous decision?
R v Shivpuri [1987]
Is the Court of appeal (Civil) Bound by its own decisions?
Yes (apart from 3 exceptions)
What are the 3 exceptions in when the CoA bounds itself?
1)Where previous decisions conflict (pick one)
2)Where its previous decision has been overrules by the HoL or SC
Where the previous decision is with lack of care
Case example for lack of care in court of appeal
Young v Bristol Aeroplane Co LTD [1944]
What extra exceptions does the court of appeal have in criminal division?
The liberty rule.
