The Court System

Question 1

What are the four basic levels of the English court structure?

Answer 1

1) Supreme Court
2) The Court of Appeal
3) The High Court and Crown Court
4) County Court and Magistrates Court

Question 2

What is the Lowest Level Court?

Answer 2

Magistrates Court and County Court

Question 3

What are the three kind of cases that the Magistrates Court deals with and what do they mean?

Answer 3

1) Summary offences - less serious cases
2) Either-way offences - these can be dealt with by magistrates or before before a judge and jury at the Crown Court
3) Indictable-only offences - such as murder, manslaughter, rape and robbery

Question 4

What cases are usually passed from the Magistrates Court to the Crown Court?

Answer 4

The most serious crimes i.e., murder, rape, robbery

Question 5

What 3 situations can occur for a magistrates court to grant bail?

Answer 5

1) Another court hearing is needed
2) The court needs more information before passing sentence
3) The case is passed to the Crown Court for trial or sentencing

Question 6

What are the sentences that a magistrates court can give?

Answer 6

1) Up to 6 months in prison
2) A fine
3) Community service
4) A ban

Question 7

Who sits in a Magistrates court?

Answer 7

District Judges
Magistrates
Justices’ Legal Advisors

Question 8

What are District Judges?

Answer 8

Full-time members of the judiciary who hear cases in the Courts

Question 9

What are Magistrates?

Answer 9

Trained, unpaid members of their local community, who deal with less serious criminal cases

Question 10

What are Justices’ Legal Advisors?

Answer 10

They advise in court on matters of law, practice and procedure.

Question 11

What is a summary offence?

Answer 11

A summary offence is a minor offence that can only be tried by magistrates

Question 12

What is a triable either way (hybrid) offence?

Answer 12

The offences may be tried in either the magistrates court or crown court

Question 13

What does the Crown Court deal with?

Answer 13

1) Cases sent for trial by Magistrates court
2) ‘Either-way’ offences
3) Defendants convicted in Magistrates Court but sent to Crown Court for the seriousness of the offence
4) Appeals against decisions of Magistrates’ courts

Question 14

Who oversees the cases in a Crown Court?

Answer 14

A Circuit Judge or Recorders or High Court Judges
12 members of the Jury

Question 15

What is the role of the Jury?

Answer 15

If a defendant pleads not guilty it is the jury that decides if they’re guilty or not

Question 16

What cases do the Crown Court hear?

Answer 16

1) Indictable offences
2) Either-way offences

Question 17

What does the County Court deal with?

Answer 17

Civil matters

Question 18

What are the types of cases that the County Court deal with?

Answer 18

1) Businesses trying to recover money they are owed
2) Individuals seeking compensation for injuries
3) Landowners seeking orders that will prevent trespassing

Question 19

Who sits in a County Court?

Answer 19

Circuit Judges
Fee Paid Judges
District Judges

Question 20

What is a Circuit Judge?

Answer 20

Appointed to one of the 7 regions of England and Wales and sit in the Crown Court and County Court within their region

Question 21

What must a judge do before trying a civil case?

Answer 21

Read the relevant case papers and become familiar with their details

Question 22

What does a judges role include when it comes to managing civil cases?

Answer 22

• Encouraging the parties to co-operate with each other.
• Helping the parties to settle the case.
• Encouraging the parties to use an alternative dispute resolution procedure if appropriate.
• Controlling the process of the case.

Question 23

What does the judgement include in a civil court?

Answer 23

If the judge decides that the claimant is entitles to damages, they will have to decide the amount. They have to decide on the appropriate remedy, and on the precise terms of it.

Question 24

How are the costs or a Civil Court decided?

Answer 24

The Judge has to decide whether the unsuccessful party has to pay for all of the costs or whether both parties should split it.

Question 25

What is the role of the High Court?

Answer 25

Hears appeals from the High Court and County Court and some Tribunals. Criminal hears appeals from the Crown Court.