U3A1 part 2 lesson 2 Flashcards
jurisdiction
the legal authority of a court to decide legal cases
original jurisdiction
the power of a court to hear a case for the first time
appellate jurisdiction
the power of a court to hear a case on appeal
specialisation definition
the level of expertise gained by the judge/magistrate which is developed from hearing the same matters repeatedly.
This allows judges/magistrates to resolve disputes in a more consistent, efficient and fair manner.
specialisation SC
- Hears the most indictable offences (murder + manslaughter)
- Judges have developed specialisation in those matters including the elements of each crime that needs to be proven
- Judges develop expertise in jury matters, rules of evidence and procedure
specialisation mag court
- Hears summary offences + indictable offences heard summarily - matters that need to be dealt with quickly and efficiently
- Committal proceedings
- Can hear warrants + bail applications
appeal definition
the legal process that a party who is dissatisfied with the outcome of their case and has a relevant reason to seek a review of the court’s decision by a higher court.
grounds for appeal: Question of law
the appellant can argue that the law has not been followed e.g., allowing inadmissible evidence or the incorrect application of a statute
grounds for appeal: Appealing a conviction
the offender can argue that the burden/standard from the prosecution has not been met and therefore appealing the jury or judicial officer’s verdict
grounds for appeal: Appealing a sanction
the prosecution can appeal a sentence on grounds of leniency and the offender can appeal a sentence arguing it is too severe/excessive
strength of court hierarchy fairness
promotes fairness in the criminal justice system through specialisation.
individual courts are able to develop their expertise in dealing with particular crimes and areas of law, cases are presided over by skilled and knowledgeable judges who are able to ensure open and impartial processes and thus a just outcome thru their informed decision
consistency helps in developing predictable rulings, which can enhance fairness. Litigants are more likely to receive a consistent outcome based on established legal principles, reducing the possibility of arbitrary or contradictory decisions.
strength of court hierarchy access
The court hierarchy promotes access to justice by enabling the appeals process to occur, which facilitates the review of judicial decisions. This better enables accused persons to engage with the justice system and its processes.
*Access to the court system is increased due to the specialisation of the courts. as it allows criminal cases to be resolved in a more efficient manner due to the knowledge and expertise of judges within a court. Therefore, delays are minimised and more people can access the criminal justice system in a more timely manner.
weakness of court hierarchy fairness
Some offenders may not be able to appeal the outcome of a case in a higher courts if they cannot afford the fees associated with an appeal. This limits the ability of an offender to have any errors in the outcome resolved, meaning in such cases, the court hierarchy may not deliver a fair outcome for all
strength of court hierarchy equality
The court hierarchy facilitates the ability to appeal decisions, and all parties have the right to appeal the outcome of a case, regardless of race, sex or gender, given their appeal is on valid grounds and the judicial officer presiding over the case has given the party leave to appeal
weakness of court hierarchy equality
Due to the costs associated with an appeal, appeals are not equally accessible to all parties.
As a government department, the Office of Public Prosecutions has the necessary resources to fund an appeal, compared to accused individuals, who may not have the resources to do so.
Thus some parties may face disadvantage in being unable to appeal against a wrongful outcome due to their socioeconomic status
weakness of court hierarchy access
*Grounds for appeal must exist and leave to appeal may be necessary. This may render some cases ineligible for a review by a higher court, meaning access to appeals can be limited
*The cost of engaging legal representation for the appeals process can be inaccessible to those who do not have the financial means. This limits an accused’s ability to engage with the criminal justice system and its processes
og jur of mag
- Summary offences
- Indictable offences beard summarily
- Applications for warrant
- Bail hearings
appellate of mag
No appellate jurisdiction
og jur of county
Trials for most indictable offences, such as:
* rape
* armed robbery
* serious drug offences.
appellate of county
Appeals from the Magistrates’ Court in cases where the:
*offender(s) or the prosecution is appealing the sanction imposed.
*offender appealing the against the conviction
og jur SC (trial div)
Unlimited criminal jurisdiction, but in practice conducts trials only for the most serious indictable offences, such as:
- murder and manslaughter
- terrorism offences.
appellate of SC (trial div)
Appeals from the Magistrates’ Court based on questions of law
og jur of SC (appeal)
No original jurisdiction
appellate of SC (appeal)
All appeals for crimes originally heard by a judge and jury in the CC or SC - (TD) can be heard in the Court of Appeal.
This includes appeals against the sanction imposed, questions of law, and appeals against a conviction.
how to answer reason for appeals
w/o court hierarchy appeals would not occur bcs there would be no superior court, if they were all on the same level and there was no vertical ranking. As such, mistakes can not be corrected by more senior experienced judges
how to answer specialisation
if vertical ranking of courts didn’t exist spec would not occur bcs courts may operate on the same level w/o specific jurisdiction boundaries . As they may be able to hear all types of matters judges ability to develop expertise would be limited .
