court system uk

8/7/2019 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.

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