01 The Court Structure of England and Wales Flashcards
True or False: appeals from the County Court are always considered by the High Court.
False. Appeals from the County Court can be considered by the County Court OR the High Court.
Are judge employees of the state?
Judges are not employees of the state; rather, they hold office.
True or False: Parliament is subordinate to the executive, i.e. Government.
False. Government and Parliament operate jointly, and neither can claim complete dominance over the other in their relationship.
What are the ‘senior courts’?
The following courts are senior courts:
- Crown Court
- High Court
- Court of Appeal
- Supreme Court
What are the 8 stages of the legislative process / creation of an Act of Parliament?
- House of Commons - First Reading
- Second Reading
- Committee Stage
- Report Stage
- Third Reading
- Proceedings in the House of Lords
- Amendments by Lords
- Royal Assent
On what grounds can the Court of Appeal depart from its previous decisions?
Young v Bristol Aeroplane [1944] outlined 3 exceptions - CoA can depart from its previous stance where its own previous decision:
1. conflicts with another one from it; or
2. has been expressly or implicitly overruled by the Supreme Court; or
3. was made per incuriam, i.e. through carelessness (rare).
Welsh law: what is a financial resolution?
The Senedd’s authorisation to the Welsh Government to spend money in connection with an Act. If the Presiding Officer believes that money will need to be spent to enforce and implement an Act, she will state that a financial resolution is needed. The financial resolution is voted on by the Senedd. If passed, the Government has permission to spend money in connection with the Act.
Which of the following is not a trial court?
The Court of Appeal. The Court of Appeal acts only in an appellate capacity.
What is the test to be applied when the Court of Appeal (Criminal Division) is considering an appeal against conviction?
Whether the conviction is unsafe. By s.2 of the Criminal Appeals Act 1968, the sole test to be applied by the CoA in determining whether a conviction should be overturned is whether the conviction is “unsafe”.
When does an Act of Parliament enter into force?
Either on the commencement date stated in the statute, or where the statute is silent, upon Royal Assent. When an Act of Parliament enters into force depends on the legislation in question. Where a commencement date is included in the statute, the Act will come into force then. Where the Act does not include a commencement date, the legislation will come into effect upon receiving Royal Assent. In this situation, the Act will take effect on the morning of Royal Assent.
How long can the House of Lords delay a Bill (except a Money Bill)?
1 year. Since the introduction of the Parliament Act 1949, the House of Lords can only delay a Bill for 1 year. A ‘Money Bill’, that is, one containing only financial provisions, can be brought into force without the approval of the House of Lords after a delay of 1 month.
What is the binding authority of the High Court on another High Court case?
The High Court when sitting as a Divisional Court is generally binding on itself subject to the Bristol Aeroplane exceptions.
