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Public Law SQE > Courts, Tribunals and the Constitution > Flashcards

Courts, Tribunals and the Constitution Flashcards

(65 cards)

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1
Q

Who largely bears the burden of proof in criminal proceedings?

A

The prosecution - beyond reasonable doubt

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2
Q

What is tried in the Magistrates’ Courts?

A

All summary criminal offences, and some triable either way offences

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3
Q

What power does the MC have?

A

Impose an unlimited fine

Impose a maximum prison sentence of 6 months for one offence

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4
Q

What Courts bind the MC?

A

Administrative Court

Court of Appeal

Supreme Court

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5
Q

What offences does the Crown Court hear?

A

Indictable only offences - even these still will begin in the CC

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6
Q

Where can a criminal case appeal from Magistrates’ Court?

A

Crown Court

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7
Q

How will an appeal from the Magistrates’ Court be heard in the Crown Court?

A

Heard de novo - entirely fresh case

Crown Court Judge + 2x Magistrates

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8
Q

Where can criminal cases apply if they think that the Magistrates’ decision was legally flawed?

A

Administrative Court

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9
Q

Where can a criminal defendant appeal if convicted in Crown Court?

A

Can appeal conviction / sentence / both in Court of Appeal

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10
Q

Can the prosecution appeal to the Court of Appeal?

A

Yes - quashing the acquittal of someone acquitted of a serious offence

AG can appeal against an unduly lenient sentence

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11
Q

Is there an automatic right of appeal from Crown Court to COA?

A

No - Appellant must apply for permission to appeal - granted by a single judge - if rejected, can be appealed again

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12
Q

When / how will the Court of Appeal quash a criminal conviction of the Crown Court?

A

If satisfied that the conviction is unsafe - court will hear oral argument from counsel for both sides, but not hear evidence again

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13
Q

What are grounds for appeal against sentence imposed by Crown Court?

A

Sentence not justified by law
Sentence was based on an incorrect version of the evidence
Judge took irrelevant matters into account when sentencing
Judge misapplied / failed to give sufficient weight to sentencing guidelines

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14
Q

When will Supreme Court hear criminal appeals?

A

Only on a point of law of general public importance

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15
Q

Are English Courts bound by JCPC (Privy Council)?

A

No - but highly persuasive

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16
Q

What is the CCRC?

A

Body responsible for reviewing miscarriages of justice in the UK

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17
Q

What powers does the CCRC have?

A

Can send a case back to the Court of Appeal for review if there is a real possibility that the Court will overturn the conviction or sentence

If decision was made by MC / Youth Court - send back to Crown Court

Generally only when new evidence / new legal argument found which was not originally considered

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18
Q

What is the standard / burden of proof in criminal proceedings?

A

On the balance of probabilities - on claimant

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19
Q

Where do most civil claims begin?

A

County Court

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20
Q

What is the hierarchy of judges in the County Court?

A

Deputy District Judges - most junior

District Judges

Circuit Judges - more complex cases in a County Court will be heard by a Circuit Judge - also hears appeals by DJs and DDJs

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21
Q

What are tribunals?

A

Specialist judicial bodies dealing with administrative and regulatory cases - no jurisdiction in criminal matters

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22
Q

What are the two Tribunal levels?

A

First Tier Tribunal, Upper Tribunal

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23
Q

What is the Upper Tribunal equivalent to

A

It is a senior court - equivalent to the High Court - hears appeals from the First Tier Tribunal

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24
Q

How many first tier tribunals are there? What do they hear?

A

7 - hear appeals from citizens against the decisions made by government departments or agencies

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25
Which first tier tribunals hear proceedings on a private law basis?
Property Chamber Employment Tribunal
26
What are the 7 first tier tribunals
War Pensions and Armed Forces Compensation Chamber Social Entitlement Chamber Health, Education and Social Care Chamber General Regulatory Chamber Tax Chamber Immigration and Asylum Chamber Property Chamber Employment Tribunal is also at tier 1 level
27
What four chambers are there in the Upper Tribunal?
Administrative and Appeals Chamber Tax and Chancery Chamber Immigration and Asylum Chamber Lands Chamber
28
Who is the Senior President of the Tribunals?
Independent leader of tribunals
29
What does a Tribunal / Chamber president do?
Responsible for day-to-day judicial administration of their tribunal / chamber
30
What experience does a Coroner need?
Barristers / solicitors / medical practitioners with not less than 5 years experience that continue with their original jobs when not sitting as coroners
31
What is a public inquiry?
Major investigations given special statutory powers to compel testimony and the release of other forms of evidence - only when there is a public concern about a set of events
32
What powers do public inquiries have?
Compel witnesses Legal safeguards and procedures Statutory framework for appointing a chair and other inquiry personnel - taking evidence, production of a report cannot compel government to act on its recommendations
33
What are the four senior courts?
Supreme Court Court of Appeal High Court Crown Court
34
What are the three divisions of the High Court?
KBD Chancery Family
35
How are High Court judges addressed?
The Honourable - called "Mr Justice X" verbally or [surname] J in writing
36
Who are procedural judges in the High Court?
Masters
37
What does the KBD largely hear?
Common law business - tort / disputes Some specialist matters - applications for JR, criminal cases
38
What does the Administrative Court hear and where does it sit? Which judges?
Part of KBD, responsible for lawfulness of actions of governments Division Court consisting of two or more judges
39
What cases does the Chancery Division hear?
Business and property cases Area where law of equity is most significant
40
What do the Business and Property Courts entail?
Commercial court Business list Admiralty court Circuit Commercial Court Technology and Construction Court Financial List Insolvency list
41
Where are solicitors unable to carry out advocacy?
Higher Courts
42
How are court of appeal judges referred to?
Lord / Lady Justice X X LJ
43
How many judges tend to sit in Court of Appeal cases?
Three
44
What is the leapfrog procedure?
When a case of high importance can leapfrog the Court of Appeal and go straight to the UKSC
45
What are Supreme Court justices called?
Lord / Lady X
46
At which point in the justice system is everyone entitled to free legal representation?
Police station if charged with a criminal offence
47
Where is it expected that individuals will be litigants in person?
County Court, Small Claims Track
48
What is a McKenzie friend?
A non-legally qualified person to help them in court proceedings
49
What are some of the remaining powers of the monarch?
appointing PM Dissolving Parliament in some circumstances Giving Royal Assent to acts of parliament
50
What are examples of prerogative powers which remain?
Summon / prorogue Parliament Give pardons Issue passports Mobilise armed forces / declare war Negotiate treaties
51
What is Dicey's definition of a constitution?
That set of rules which directly or indirectly affect the distribution and exercise of sovereign power in the state
52
What principles does the idea of constitutionalism refer to?
Exercise of government power must be within legal limits Power is dispersed between organisations of the state Government is accountable to the people Fundamental rights and freedoms of citizens are protected
53
Which Chamber alone can decide on decisions on public finances?
Commons
54
What tends to happen when a Government bill is defeated in the Lords?
Amendments to the legislation by the government, as opposed to a wholesale defeat of the Bill
55
What did the CRA do?
Address issues relating to the separation of powers
56
Can ministers delegate?
Yes - powers can be lawfully exercised by a government official working in same department - but minister remains politically responsible Minister must be sufficiently serious
57
What do local authorities do?
Implement central government policies Council tax etc And also apply their own local policies
58
How did the CRA strengthen judicial independence?
Lord Chancellor replaced with Lord Chief Justice Supreme Court Creation of JAC
59
What is a constitutional convention?
Rules of constitutional practice that are regarded as binding in operation but not in law
60
Which house should defer to the other?
Lords to Commons
61
What is the Salisbury convention?
House of Lords should not reject at second reading any government legislation which was a manifesto commitment
62
What is the Sewel Convention?
Westminster should not legislate on devolved matters without consent
63
What convention is there on foreign policy?
Parliament should be consulted on major foreign policy initiatives using armed forces
64
What are the three key features of CMR?
Confidentiality Unanimity Confidence
65
What is IMR? How has it evolved?
Ministers should resign if significant failing in their department now depends on extent to which minister was personally aware of key filing depends on whether failure was operational (civil servants fault) or a policy one (ministers fault)

Public Law SQE (15 decks)

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