Court System UK
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Transcript of Court System UK
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THE COURT SYSTEM IN THE UK
Jurisdiction = the power of the court to hear and
decide a case or make a certain order; the
territorial limits within which the jurisdiction of a
court may be exercised. Everywhere else is said
to be outside the jurisdiction A case of first instance is one which is before a
court for the first time, not an appeal - first
instance jurisdiction Appellate jurisdiction - the power of a higher
court to hear appeals from inferior courts
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Judges - state officials with power to adjudicate
on disputes and other matters brought before the
courts for decision
In English law all judges are appointed by the
Crown, on the advice of the Lord Chancellor or
on the advice of the Prime Minister
All judges are experienced legal practitioners,
mostly barristers
The independence of the higher judiciary isensured by the principle that they hold office
during good behaviour and not at pleasure of the
Crown
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The jury is a group of jurors (usually 12) selected
at random to decide the facts of a case and give a
verdict. Most juries are selected to try crimes but
juries are also used in some civil cases (e.g.
defamation actions). The judge directs the jury on
points of law and sums up the evidence of theprosecution and defence for them, but he must
leave the jury to decide all questions of fact
themselves.
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The jury system: pros and cons
Pros
Ensures a fair trial
especially in criminal cases
People from a wide
spectrum of society
Decide only on facts of case
Cons
Some cases are too
complex for ordinary
people, e.g., serious fraud
Too many unemployed /
retired people
Swayed by emotion
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From House of Lords to Supreme Court
On 30 July 2009, the judicial function of the House of Lords and its role as thefinal - and highest - appeal court in the UK ended, bringing about a fundamentalchange to the work and role of the House of Lords.
A new United Kingdom Supreme Court, separating the judicial function from
Parliament (those who make the law from those who interpret it in courts), willopen from 1 October 2009 opposite the Houses of Parliament in ParliamentSquare - formerly the Middlesex Guildhall.
At the end of July, the Law Lords sat in the Lords Chamber to hear appeals andgive the final House of Lords judgments. (www.parliament.uk)
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Criminal courts of first instance
2 criminal courts: the Magistrates' Court and the
Crown Court
the senior of the two is the Crown Court
both of them are courts of first instance (where
the matter will be heard in full for the first time)
the courts are arranged in a local structure to
enable the system to work effectively
the most important Crown Court = the most
famous = the Old Bailey, in London
the Magistrates' Court does have some civil
functions in addition to its criminal duties
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Civil Courts
2 main civil courts of first instance: the County
Court and the High Court
the County Courts are arranged in a local
structure to facilitate accessibility
the High Court of Justice is split into 3 divisions:
1) the Queen's Bench Division - deals mainly with claims for
damages and equitable remedies as a result of breaches of contract
and torts
2) the Chancery Division - deals in matters of partnership and
company law, revenue matters and important property issues
3) the Family Division - deals in matrimonial disputes and children
cases (such as custody issues)
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CRIMINAL COURTS OFFIRST INSTANCE
Magistrates' Court
presided over either by lay magistrates (Justices
of the Peace) or by district judges
the lay magistrates are unqualified laymen
(people without a legal qualification); they are
unpaid but will receive expenses for travel and
any loss of earnings incurred whilst attending at
court and hearing cases the district judges (previously called stipendiary
magistrates) are full-time salaried magistrates
who are legally qualified
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the majority of Magistrates' Courts are presided
over by lay magistrates
the feature of both the civil and the criminal
matters within the jurisdiction of the Magistrates'
Courts is that they are matters of relatively minor
importance compared with the civil matters heardin the High Court and the county courts and the
criminal cases tried at the Crown Court
the advantage of summary procedure is itscheapness and speed
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Lay magistrates
There are over 30,000 lay magistrates who are
also known as Justices of the Peace (JP). They
normally sit as part of a bench of three, for at
least 26 half days each year.
In court, they will be advised on questions of law,practice and procedure by a Magistrates' Clerk
(who must have been qualified as a barrister or
solicitor for at least five years).
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The Role of Magistrates courts (1)
Criminal mattersMagistrates' courts dispose of over 95% of all criminal cases. They:
issue warrants for arrest and search;
decide whether a case should be adjourned;
grant applications for bail or remand defendants in custody;
in summary trials, determine whether a defendant is guilty or not;
pass sentence on a defendant who has been found guilty;
may decide to hear an either-way offence, if the defendant also agrees; commit defendants convicted of either-way offences to the Crown Court for
sentence;
sit in the Crown Court with a judge to hear appeals from Magistrates' courtsagainst conviction or sentence;
sit in the Crown Court with a judge to hear committals for sentence;
enforce financial penalties; and sit in the Youth Court to hear cases involving young offenders aged 10-17.
For a single criminal offence committed by an adult, magistrates' sentencingpowers include the imposition of fines, community service orders, probationorders or a period of not more than six months in custody.
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The Role of Magistrates courts (2)
Civil matters
Magistrates hear cases in the Family Proceedings Court andmake decisions on a range of issues affecting children
and families. For example, making orders for residence
of and contact with children.
Magistrates also decide whether to grant certain orders,
licences or certificates. For example, liquor licences,
permits relating to betting and the registration of gaming
clubs.
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STIPENDIARY MAGISTRATES/DISTRICT JUDGESNote: Stipendiary Magistrates were renamed District Judge (Magistrates' Court) in August 2000.
Stipendiary magistrates are full-time magistrates who sit alone. They will have
been qualified as barristers or solicitors for at least seven years and have servedas Acting Stipendiary Magistrates for a minimum of two years. They are usuallyaged between 40 and 55.
There are 48 Metroplitan Stipendiary Magistrates who hear cases in London, and48 Provincial Stipendiary Magistrates who hear cases in magistrates' courts
outside London, generally in busy urban areas. They are appointed by theQueen on the recommendation of the Lord Chancellor.
Before sitting alone, successful candidates are asked to sit in for one week with aserving Stipendiary Magistrate, to attend a Judicial Studies Board inductionseminar, to visit penal institutions and to meet with a senior representative ofthe Probation Service.
Acting Stipendiary Magistrates sit for two weeks on the first occasion, and at least20 days a year thereafter. If an Acting Stipendiary Magistrate does not achieve afull-time Stipendiary post within five years, he or she is unlikely to be invited toundertake further sittings. There are 107 Acting Stipendiary Magistrates.
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The Crown Court
is presided over by a High Court judge, a circuit
judge or a recorder (=a part time judge who will
have been a barrister or a solicitor of at least 10
years standing)
the case is heard before a jury
the judge will be the sole arbiter of the law and
will advise the jury as to the legal ramifications
of the offence and of the evidence put beforethem
the jury is the sole arbiter of the fact; it is
comprised of 12 people
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the jurors are taken from the electoral roll and
must be legally unqualified
the Crown Court has exclusive jurisdiction over
all trials on indictment for offences wherever
committed
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CIVIL COURTS OFFIRST INSTANCE
The County Court
it is a national network of local courts which deal
exclusively with civil cases
it is a court of first instance and generally deals
with smaller, less complex claims (such as small
debts)
personal injury claims of less than 50,000 must
be commenced in the County Court
County Court will usually deal with other claims
where the claim is for 25,000 or less
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the jurisdiction of the county courts is local in
nature (so that there must be some connecting
factor between the action and the county court
district in which it is tried)
The High Court
it is a civil court of first instance and an appeal
court in criminal cases
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Queen's Bench Division
it has civil and criminal jurisdiction
it deals with claims in breach of contract and tort
it also has a supervisory jurisdiction and can issue
"prerogative writs" to force inferior tribunals and
courts to act or stop acting in a particular way
(judicial review)
its jurisdiction over commercial matters is
exercised by the Commercial Court, which is a
part of it
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the criminal jurisdiction of the High Court is
exercised exclusively by the Queen's Bench
Division
Chancery Division
it deals with cases involving partnership,
company law, insolvency, disputed wills, the sale
of land, patents, trademarks and copyright
Family Division
it deals with all High Court matrimonial matters
(divorce, custody, adoption, legitimacy)
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APPELLATE COURTS
The Court of Appeal
The Civil Division hears appeals from the High
Court, county courts, the Restrictive Practices
Court, the Employment Appeal Tribunal and
various tribunals
appeal is by way of rehearing
The Criminal Division hears appeals by persons
convicted and, in certain cases, considers pointsof law referred to the court by the Attorney-
General; it also hears appeals against sentence
from the Crown Court
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The House of Lords
it exercises the judicial function of Parliament
it has very little original jurisdiction, its
jurisdiction being almost entirely appellate
in civil cases it hears appeals from the Court of
Appeal; the ground of appeal does not have to be
a point of law (as it does in criminal cases) but
most cases which reach the House of Lords do in
fact involve a point of law of public importance,such as the correct construction of Acts of
Parliament.
in criminal cases - appeals from the High Court
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COURTS WITH SPECIAL JURISDICTION
Employment Appeal Tribunal
it hears appeals, on a point of law only, from the
Employment tribunal
it is presided over by a High Court judge sitting
with 2 expert laymen drawn from panels
representing both sides of the industry (the
employee's panel and the employer's panel)
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Restrictive Practices Court
it considers the agreements that restrict prices of
products or the conditions of supply of goods
it has the jurisdiction to hear proceedings brought
by the Director of Fair Trading against a trader
who has traded unfairly
it is presided over by a High Court judge
Judicial Committee of the Privy Council
it hears appeals from outside the UK (e.g. the
Channel Islands) and from such bodies as the
General Medical Council and Ecclesiastical
Courts
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it has equal status with the House of Lords for the
bodies referring to it
Coroners' Courts
these are local courts which hold inquests into
unexplained or suspicious deaths in the area
it also has jurisdiction in cases of alleged
"treasure trove" (where valuable items are found
buried in the ground)
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TRIBUNALS
Domestic tribunals
are so called because they are set up by aparticular body or club to regulate the conduct of
their members
Administrative tribunals
The Lands Tribunal - deals with a variety of
disputes involving valuation of land (e.g. where
land is being compulsory purchased for the
building of a new road). The tribunal, which is
staffed by legally qualified members together
with valuation experts, will hear the claim and
decide on the acquisition price.
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Rent Tribunals - are set up to assess the rent of
some furnished premises.
Employment Tribunals - are local tribunals
established to hear disputes between an employee
and his employer. The hearing is presided over by
legally qualified chairmen sitting with 2 or 4expert laymen drawn from panels representing
each side of the industry.
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Social Security Tribunals - are established by
statute to hear claims relating to the eligibility for
and amount of welfare benefits that a person is
entitled to. The tribunals usually consist of a
legally qualified member and 2 laymen.
Mental Health Review Tribunals - hear mattersrelating to the treatment and property of people
who suffer from mental disorders. They are
composed of both legally and medically qualifiedmembers.