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Great Britain Legal System

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Three Judicial Systems

England and Wales Scotland Northern Ireland

The Law Criminal- Actions against the law and punishable Civil- Monetary disputes between individuals or

companies. Dual- Both involved, a car crash where monetary

and legal issues arise as an example

The Courts

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Highest Court>

Senior Courts>

Senior Courts>

Subordinate Courts>

Structure

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County Courts or High Courts

Original Jurisdiction Neighbor disputes, Contracts, Divorce or

personal injury cases are examples Court of Appeal in London

Appeal on a point of law Supreme Court

Highest Court in England

Civil Court

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Breaches of the Law

Shoplifting to murder Police action Crown Prosecution Service Minor Cases

Magistrates Courts Major Cases

Crown Court Also hears appeals from Magistrates Courts

Criminal Law

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One and a half million cases yearly Barristers try the case Four Regions 31 areas

Each with a Chief Crown Prosecutor

*Special Cases such as terrorism, race relations, and breaches of the Official Secrets Act handled in London.

The Crown Prosecution Service

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Four Sentences

1. Discharge: without conditions or conditional on further criminal activity

2. Monetary sentence3. Custodial sentence (prison)4. Community sentence

Appeals on points of law Scotland: Scottish Court of Criminal Appeal

Sentencing and Appeals

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Magistrates Courts

Majority of cases here Lay Magistrates, Justices of the Peace (unpaid) Two or more must be present Larger areas, District Judges (paid) No jury 6 month maximum sentence Civil jurisdiction for minor cases

The Courts

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Youth Courts

Children 10-14 Young people 15-17 Up to three Magistrates sit At least one man and one woman Youth Offending Team issues a report

The Courts

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Children

Parent must be present Parent must pay monetary orders Parenting orders imposed:

Counseling for parents Exercise control child

Young People With an adult heard in Magistrates Court Parents may be held accountable

Youth Court continued

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Crown Court

High Court Judge or Circuit Judge presides Lord Chancellor determines site

In London: Central Criminal Court “Old Bailey”

Contested trials Jury present

Appeals from Magistrate Judge plus 2-4 Justice of the Peace

The Courts

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Circuit Judge

Barrister for 10 years Or Recorders for 3 years

Recorder Part time Judge Barrister or Solicitor for 10 years

*Also hears appeals from the Magistrate Court

Crown Court continued

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Most Civil Cases heard here County Courts Act 1984

218 set up One or more circuit judges One or more district judges Appointments

Judicial Appointments Commission

County Courts

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High Court and County Courts Jurisdiction

Order 1991 Personal injury cases up to 50,000 pounds

Other cases heard Debt or damages Landlord and tenant disputes Divorce Consumer credit agreements

County Courts continued

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Simple procedures up to 5,000 pounds

No professional assistance needed Trials of claims up to 15,000 pounds May commit a person up to 2 years May fine up to 5,000 pounds for contempt or

misbehavior

County Courts continued

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Three divisions

1. Queen’s Bench Division Claims for damages, breach of contracts,

defamation and wrongful arrest2. Chancery Division

Trusts, injunctions, property, company and bankruptcy matters

3. Family Division Marriage, wardship, adoption, child abduction

(International)

The High Court

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Civil and Criminal Appellate Courts Appeals from the three High Courts and Crown

Court and lower Courts 28 Lords Justices (judges) From here appeals to the Supreme Court

The Court of Appeal

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Constitutional Reform Act 2005

Forms the Supreme Court 1 October 2009, first session Separate Branch House of Lords were the Highest Court 11 Justices

Original Lord Justices the first Court No voting rights anymore in the House of Lords

The Supreme Court

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England and Wales

Civil and Criminal Courts of Appeal The High Court (limited)

Scotland The Court of Session (Very Rare)

Northern Ireland Court of Appeal in Northern Ireland The High Court of Northern Ireland

Road to the Supreme Court

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Coroners’ Courts

Independent Judicial Officer All suspicious deaths Does not apportion blame

Administrative Tribunals Conflicts with a citizen and government

department Some are formal rules, others less formal

Large city versus smaller townships

Special Courts