Courts and tribunal systems Flashcards
(41 cards)
What is the purpose of the Judicial Committee of the Privy Council?
The purpose of the Judicial Committee of the Privy Council is to advise the Crown. In practice, however, the monarch never refuses the advice of the Judicial Committee.
What are the regional locations of the High Court?
The divisions of the High Court have district registries or regional centres where High Court cases can be heard. For example, the Administrative Court has regional centres in Cardiff, Bristol, Birmingham, Leeds, and Manchester.
What is the purpose of the Supreme Court in the UK?
The Supreme Court is the highest judicial authority in the UK. It was established by the CRA 2005 and started sitting in 2009. The Supreme Court serves as the final court of appeal in the UK.
What types of cases does the Judicial Committee of the Privy Council hear?
The Judicial Committee of the Privy Council hears both civil and criminal matters. It consists of senior members of the judiciary, usually from the Supreme Court, as well as senior members of the judiciary from Commonwealth jurisdictions.
Where do all criminal cases begin?
All criminal cases begin in the Magistrates’ Court.
What are the different divisions of the High Court in the UK?
The High Court in the UK is divided into three divisions: the King’s Bench Division (KBD), the Chancery Division, and the Family Division. Each division has its own specific jurisdiction and handles different types of cases.
What types of cases are heard in the Administrative Court outside of London?
Cases of real importance, often where the issue is of particular interest locally, are routinely heard in the courts outside London. This ensures that litigants, public authorities, and the wider community can see these matters being decided within their local area.
Are the decisions of the Privy Council binding on the English courts?
No, the decisions of the Privy Council are not binding on the English courts. However, its opinions can be highly persuasive, and some decisions are viewed as almost as authoritative as decisions of the House of Lords or the Supreme Court.
What is the role of the Court of Appeal in the UK?
The Court of Appeal is senior to the High Court and has a Civil and a Criminal Division. The Master of the Rolls presides over the Civil Division, while the Lord Chief Justice presides over the Criminal Division. The Court of Appeal hears appeals from lower courts and reviews decisions made by the High Court.
What types of cases are heard in the King’s Bench Division of the High Court?
The King’s Bench Division is predominantly a civil court but also has some criminal jurisdiction through the Administrative Court. Judges in the King’s Bench Division mainly deal with common law business, notably actions relating to contract disputes and claims in tort. They also preside over more specialist matters, such as applications for judicial review.
What is the role of the Criminal Cases Review Commission (CCRC)?
The Criminal Cases Review Commission (CCRC) is a statutory body responsible for reviewing alleged miscarriages of justice in the United Kingdom. It has the power to send a case back to the Court of Appeal for review if it considers there is a “real possibility” that the Court of Appeal will overturn the conviction or sentence.
What is the role of the Court of Appeal (Criminal Division) in the criminal court system?
The Court of Appeal (Criminal Division) hears appeals against conviction and sentence from the Crown Court. Its decisions, particularly on sentencing, are binding on the lower criminal courts.
What is the function of the First Tier Tribunal in the UK?
The First Tier Tribunal is a specialist judicial body that deals with administrative and regulatory cases. It is divided into seven chambers, each handling different areas of law. The Upper Tribunal hears appeals from the First Tier Tribunal.
What is the role of the Administrative Court in the High Court?
The Administrative Court is part of the King’s Bench Division and is responsible for the administrative law jurisdiction of England and Wales. Its varied work is directed at the lawfulness of actions of central and local government, regulatory and disciplinary bodies, inferior courts and tribunals, and other public bodies and officials exercising public functions. It has both a civil and criminal jurisdiction, notably appeals ‘by way of case stated’ from the magistrates’ courts.
What are public inquiries and what is their purpose?
Public inquiries are major investigations convened by government departments to address issues of significant public interest and importance. They have special statutory powers to compel testimony and the release of evidence. Public inquiries have addressed a wide range of topics, including transport accidents, fires, mismanagement of pension funds, and decision-making that has led to war.
What is the role of the Crown Prosecution Service (CPS) in criminal proceedings?
The Crown Prosecution Service (CPS) is the body that initiates criminal proceedings in England and Wales. It is independent from the police and other investigative authorities.
Can a defendant be subject to both criminal and civil proceedings arising from the same incident?
Yes, it is possible for a defendant to be subject to both criminal and civil proceedings arising from the same incident. For example, if a defendant was driving dangerously and caused someone serious personal injury, they could be prosecuted by the CPS for careless driving, and the victim could bring a civil claim against the driver for damages for personal injury.
What is the Chancery Division of the High Court and what types of cases does it handle?
The Chancery Division is the largest unit for handling business and property cases in the country. It incorporates the Insolvency and Companies Court, the Patents Court, and the Intellectual Property Enterprise Court (IPEC). The remainder of the work of the Division is referred to as ‘general Chancery’ work, where the law of equity is most significant.
Who can initiate prosecutions in specific situations?
Other governmental agencies, such as the Health and Safety Executive or the Environment Agency, can start prosecutions in specific situations. Local government can also launch prosecutions for minor environmental offenses.
What is the role of coroners’ courts in the UK?
Coroners’ courts investigate deaths where the cause is unknown or not due to natural causes. Coroners hear evidence from individuals involved in events leading up to the death and conduct inquests to determine the cause of death. Coroners are not considered members of the judiciary but are typically barristers, solicitors, or medical practitioners with at least five years of experience.
Where do most civil claims begin?
Most civil claims begin in the County Court. Higher value claims generally begin in the High Court. There are county courts throughout England and Wales.
Who administers legal aid in the UK?
Legal Aid is administered by the Legal Aid Agency.
What is the purpose of the Upper Tribunal in the UK?
The Upper Tribunal is a senior court and is equivalent to the High Court. It has four chambers and hears appeals from the First Tier Tribunal. The Employment Appeals Tribunal is at the Upper Tribunal level but sits separately.
What is the Business and Property Courts and what courts does it cover?
The Business and Property Courts cover the work of the specialist courts within the Rolls Building in London and at the civil and family courts in Manchester, Birmingham, Leeds, Cardiff, and Bristol. They bring together the work of the Chancery Division and specialist courts of the King’s Bench Divisions of the High Court. The business and property courts include the Commercial Court, the Business List, the Admiralty Court, the Commercial Circuit Court, the Technology and Construction Court, and the Financial List.
