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Wrapped: Legal Systems > LS2: The English Legal System > Flashcards

LS2: The English Legal System Flashcards

1
Q

What set of rules are the conduct of criminal cases governed by?

A

Criminal Procedure Rules (CrPR)

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2
Q

What is the most important rule of the Criminal Procedure Rules (CrPR)?

A

r1.1 The overriding objective of this procedural code is that criminal cases be dealt with justly. (Justly means guilty are convicted, innocent set free, prosecution and defence dealt with fairly and rights of defendants under Art 6 ECHR right to a fair trial is respected).

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3
Q

What are the three categories of criminal offence?

A

Summary offences (Magistrates’ Court only)

Either-way offences (either Magistrates’ or Crown Court)

Indictable-only offences (Crown Court)

All have preliminary hearings in Magistrates’ Court.

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4
Q

What are summary offences and in which court are they tried?

A

Least serious offences, e.g. minor traffic offences, common assault.

Only in Magistrates’ Court.

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5
Q

What are either-way offences and in which court are they tried?

A

Intermediate level of seriousness, e.g. criminal damage, assault occasioning actual bodily harm and theft (except under £200 shoplifting for under 18yos, which are summary offences).

Can be tried in either Magistrates’ Court or Crown Court (after Magistrates decline jurisdiction).

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6
Q

What are indictable-only offences and in which court are they tried?

A

Most serious offences, e.g. murder, rape, robbery.

Magistrates’ Court brief preliminary hearing will send case to be tried in the Crown Court.

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7
Q

Who are the personnel in a Magistrates’ Court hearing?

A

2-3 lay magistrates, who are not legally trained. ( or sometimes a single District Judge instead).

Assisted by a justices’ clerk (court legal advisor) to provide guidance on the law.

No jury.

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8
Q

What are the three distinct functions of the Magistrates’ Court in criminal cases?

A
  1. Preliminary hearing for all cases
  2. Trials of summary and some either-way offences.
  3. Sentencing of defendants who are found guilty in Magistrates’ Court.
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9
Q

Which court will all criminal cases go through (and how many end there)?

A

Magistrates’ Court.

(90%)

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10
Q

What do preliminary hearings in the Magistrates’ Courts include?

A
  • Preparation for trial hearings for summary cases where a ‘not guilty’ plea is anticipated.
  • Allocation hearings for either-way offences
  • ‘Sending’ either-way offences to Crown Court after allocation hearing.
  • ‘Sending’ indictable-only offences to Crown Court.
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11
Q

What is the maximum prison sentence that the Magistrates’ Court can impose?

A

A maximum sentence of 6 months for one or more offences (12 months where the defendant is convicted of 2+ either-way offences)

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12
Q

What is the maximum fine that the Magistrates’ Court can impose?

A

Unlimited fines in the most serious cases.

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13
Q

What type of community sentence can a Magistrate’s Court impose?

A

One or more of (but not limited to) the following:

  • unpaid work
  • complying with a curfew
  • attending alcohol treatment programme
  • electronic tagging
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14
Q

What is a Youth Court?

A

A specialised Magistrates’ Court for defendants aged 10-17 years old.

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15
Q

Which court are offences with a child or young person defendant sent to?

A

Magistrates’ Court (Family Court).

However, very serious offences (e.g. murder) can be sent to the Crown Court.

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16
Q

What is different about Youth Courts compared to normal Magistrates’ Court?

A
  • Less formal, magistrates can engage directly with defendant and use their first name
  • Magistrates are specially trained
  • Public is not allowed to attend Youth Court trials
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17
Q

What are some examples of additional sentencing in Youth Courts?

A
  • Youth rehabilitation orders (e.g. curfews, supervision, education)
  • Detention and training orders (up to 24 months in custody)
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18
Q

Who are the personnel in a Crown Court hearing? 3 types of judge

A

High Court judge (Tier 1 - for series crimes like murder)
or
Circuit judge (Tier 2)
or
Recorder judge (Tier 3)

Has a jury.

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19
Q

What types of cases does the Crown Court hear?

A
  • Indictable-only offences
  • Either-way offences
  • Appeals from Magistrates’ Court
  • defendants convicted in Magistrates’ Court, but sent to the Crown Court for sentencing due to the seriousness of the offence
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20
Q

What are the 5 out of court criminal sanctions?

A
  1. Warning (from police for small amount of weed)
  2. Simple Caution (when it isn’t worth prosecuting - will be taken into consideration in future sentencing)
  3. Conditional Caution (similar to 2. but still not a conviction, requires rehab or penalty)
  4. Penalty Notice (fine/fixed penalty, must be paid or will be prosecuted, e.g. parking/driving fines, COVID regs)
  5. Community Resolution (bringing the victim and offender together to reach an informal agreement, for anti-social behaviour and less series crime)
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21
Q

Which court do criminal appeals from Magistrates’ Court go to?

A

Depends on the appeal:

  1. Appeals against the conviction and/or sentence go to Crown Court
  2. Appeals on points of law go to Divisional Court of the High Court. Known as appeals ‘by way of case stated’.
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22
Q

Which court do appeals from the Crown Court go to?

A

Appeals against conviction, sentence and/or points of law go to the Court of Appeal.

(Appeal from Mag to Crown, where further appeal on points of law can be made to Divisional Court of the High Court ‘by way of case stated’)

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23
Q

What is the Full Code Test?

A

The test for a prosecutor to charge a suspect and bring prosecution.

1st stage: Evidential stage (must be sufficient evidence to prosecute)

2nd stage: Public Interest stage (must provide a realistic prospect)

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24
Q

What is a private prosecution?

A

When a private individual or company decide to prosecute without the CPS.

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25
Q

What set of rules are the conduct of civil cases governed by?

A

The Civil Procedure Rules (CPR), for cases in the County Court and the High Court.

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26
Q

What is the overriding objective for the civil court system?

A

CPR rule 1.1: Dealing with cases justly and at proportionate cost.

Justly meaning parties are equal, the case is managed quickly and fairly and management of case is proportionate to importance of the case.

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27
Q

Which factors are considered as a vulnerability in a party or witness?

A
  • Age, immaturity or lack of understanding
  • Communication or language difficulties
  • Physical disability
  • Mental health condition
  • Witnessing a traumatic event related to the case

ETC

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28
Q

What set of rules are the conduct of Family Court governed by?

A

The Family Procedure Rules (FPR)

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29
Q

What is the overriding objective for the Family Procedure Rules?

A

FPR rule 1.1: Deal with cases justly, having regard to any welfare issues involved.

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30
Q

In which courts may a claimant issue (start) their civil claim? Explain the circumstances around each court.

A

In the County Court or the High Court.

County Court: Claims around personal injury or debt/contract disputes.

High Court: Claims above £100,000 or the claim includes damages (only £50,000 or more) for personal injuries.

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31
Q

Acts of Parliament require that a certain type of case be issued (started) in the High Court. What type of cases are they?

A

E.g. Defamation cases, libel and slander.

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32
Q

What are the three tracks that a civil case can be allocated to?

A
  1. Small claims track
  2. Fast track
  3. Multi-track
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33
Q

Which cases will go on the small claims track?

A

Up to:

£10,000 for general claims
£5,000 for road traffic accidents
£1,000 for personal injury claims

34
Q

Who is most likely to deal with small claims track cases?

A

Litigants in person (the claimants and defendants who don’t have a lawyer).

35
Q

Which cases go on the fast track?

A

Claims for:

Between £10,000 - £25,000 for general claims

Above £5,000 for road traffic accident

Above £1,000 for personal injury

36
Q

How long do fast track cases take?

A

One day’s trial.

Period between directions and trial will not exceed 30 weeks.

37
Q

Which cases go on the multi-track?

A

Cases that exceed £25,000.

38
Q

How long will multi-track cases take?

A

More complex, so likely to exceed one day’s trial.

39
Q

Which protocols should a claimant follow before court?

A

Relevant pre-action protocol

e.g. giving notice of a possible claim and outlining the potential case.

This is to reduce need to go to court and help ensure the case is managed efficiently by clarifying issues beforehand if it does go to court.

40
Q

Which cases are most commonly heard in the County Court?

A
  • Debts
  • Personal injury claims
  • Breach of contract
  • Housing disputes
  • Lower value bankruptcy and insolvency cases.
41
Q

What is the most common remedy in the County Court?

A

Damages, but also has discretion to award equitable remedies, e.g. specific performance.

42
Q

Who are the personnel in the County Court?

A

A single judge
- Usually a district judge
- However high value/complex claims can be heard by circuit judge.

43
Q

Where is the High Court (incl. the Divisional Court of the High Court) based?

A

The Royal Courts of Justice on the Strand.

It also operates in major cities in Eng/Wales in District Registries (branch courts)

44
Q

What are the three High Court divisions?

A

King’s Bench Division
Chancery Division
Family Division

45
Q

What is the purpose of the three High Court divisions?

A

Acts as a court of first instance
Has a Divisional Court each which hears appeals from the lower courts and tribunals.

Divisions also have specialist courts to deal with technical disputes.

46
Q

What kind of cases do the three divisions hear in the first instance?

A

King’s Bench:
- Personal injury
- Negligence
- Breach of contract
- Debt
- Possession of Land
- Defamation (libel and slander)

Chancery Division:
- Contentious probate (wills, inheritance)
- Trusts
- Mortgages

Family Division:
- Wardship
- International family disputes, incl. child abduction
- Protection of vulnerable adults

47
Q

What are the specialist courts in the three High Court divisions?

A

King’s Bench Division:
- Admiralty Court (shipping)
- Commercial Court
- Mercantile Courts
- Administrative Court

Chancery Division:
- Intellectual Property Enterprise Court
- Companies List
- Insolvency List

Family:
- None

48
Q

What kinds of appeals do the three divisions of the High Court hear?

A

King’s Bench Division:
- Disputed points of law from lower courts and tribunals (appeals by way of case stated)
- Judicial review cases

Chancery Division:
- Appeals from the County Court for bankruptcy/insolvency cases

Family Division:
- Appeals from cases heard by more junior judges in Family Court

49
Q

What is the name of the courts that include specialist courts that were banded together, e.g. Commercial Court, Technology and Constructions Court and Chancery division courts, e.g. IP court and Insolvency List. And why was it renamed?

A

The Business and Property Courts of England and Wales.

To give the courts a more memorable title, allow judges to work on different courts and ensure complex cases can be dealt with in the regions rather than London.

50
Q

Which cases does the Family Court deal with?

A

Courts involving divorce, family breakdown and child protection.

51
Q

Which court deals with financial issues within family law?

A

Financial Remedies Court

52
Q

In Family Court, what is allocating or gatekeeping?

A

Gatekeeping operates to ensure cases are heard by the appropriate judge in the best location, taking into account the best location and interests of the child involved.

53
Q

What kind of civil cases does the Magistrates’ Court hear?

A

Enforcement of council tax and TV licence evasion.

54
Q

What are the appeal courts in England or Wales?

A

Divisional Court of the High Court
Court of Appeal
Supreme Court

55
Q

From which courts do the Divisional Court of the High Court hear civil appeals?

A

Civil case appeals from:
County Court
Magistrates’ Court
Family Court (only the Family Division of the Divisional Court of the High Court)

56
Q

What kind of criminal cases are heard in the Divisional Court of the High Court?

A

Criminal cases which are appeals on points of law (‘by way of case stated’)

57
Q

What are the two divisions of the Court of Appeal and which courts’ appeals do they deal with?

A

The Criminal Division: Crown Court, Divisional Court of the High Court (criminal cases only)

The Civil Division: Family Court, High Court, Divisional Court of the High Court (civil cases only) and County Court

58
Q

Who are the personnel of the Court of Appeal? (Judges only)

A

Usually a panel of 3 Lord/Lady Justices of Appeal.

59
Q

Which cases does the Supreme Court hear?

A

All civil and criminal appeals from England, Wales and Northern Ireland.

Only civil appeals from Scotland. (Not criminal cases!)

60
Q

Who are the personnel of the Supreme Court?

A

Usually a panel of 5 Lord/Lady Justices of the Supreme Court.

Larger panel for more important cases.

61
Q

Which court(s) do the Supreme Court hear appeals from?

A

The Court of Appeal, but occasionally some that leapfrog from the High Court. (E.g. Miller/Brexit case which came from DCotHC)

62
Q

Which Commission was created to deal with miscarriages of justice?

A

The Criminal Cases Review Commission (CCRC) - Start fresh appeals for the Court of Appeal (or rarely the Crown Court)

63
Q

Who can apply to the CCRC?

A

Convicted criminal who have unsuccessfully appealed through the court system.

64
Q

What will the CCRC require to move forward?

A

One of the following:
- A new piece of evidence
- A new legal argument
- Exceptional circumstances.

65
Q

Under the Tribunals, Courts and Enforcement Act 2007, in s2(3), what must Tribunals be?

A

They must be accessible

And cases must be handled fairly, quickly and efficiently.

66
Q

What are Tribunals?

A

Specialist courts which resolve disputes in specific areas of law.

67
Q

Who are the personnel in a Tribunal?

A

A panel consisting of:

1 legally qualified tribunal judge
2 panel members with specialist knowledge of the subject matter

68
Q

Who administrates the majority of the Tribunals?

A

His Majesty’s Court and Tribunal Services

69
Q

Who administrates the majority of the Tribunals?

A

His Majesty’s Court and Tribunal Services

70
Q

What are the two tiers of Tribunals?

A

First-tier Tribunals (in the first instance)

Upper Tribunals (appeals)

Apart from Employment Tribunal or Special Immigrations Appeals, who sit outside of the tiers.

71
Q

What is the route for appeals in Tribunals?

A

First tier goes to Upper Tribunal

Upper Tribunal goes to Court of Appeal

72
Q

What route can a claimant go to resolve disputes outside of courts and tribunals?

A

Alternative Dispute Resolution (ADR)

  1. Negotiation
  2. Mediation
  3. Conciliation
  4. Arbitration
73
Q

What is the purpose of the ADR: Negotiation?

A

Lawyers act for parties to discuss the issues and reach an agreement or settlement (meaning one or both parties need to compromise)

74
Q

Which cases usually use ADR: Negotiation?

A

Personal injury claims - size of damages
Employment disputes - compensation for dismissal and provision of references

75
Q

What is the purpose and method of the ADR: Mediation?

A

A trained mediator acts as a neutral third party to help the parties reach agreement on their dispute.

Method: written docs are exchanged for parties to read and mediator shuttles between separate rooms to find a solution

76
Q

Which cases usually use ADR: Mediation?

A

Employers employees where the relationship needs to be ok. 

77
Q

What is the purpose of the ADR: Conciliation?

A

Similar to mediation, a conciliator can also propose compromises and agreements. This is often used with disputes between groups of workers (and their trade union) and their employers.

78
Q

What is the purpose and method of the ADR: Arbitration?

A

Parties submit arguments and evidence to one or more independent arbitrators, who make a decision in relation to the dispute.

  • Governed by the Arbitration Act 1996.
79
Q

What are the rights of appeal in ADR: Arbitration?

A

There are very limited rights of appeal to the High Court, including where there was a serious irregularity in procedures during the arbitration. Appeals to High Court may also be made on points of law if both parties and High Court agree.

80
Q

Which cases usually use ADR: Arbitration?

A
  • Technical/scientific matters, e.g. construction, accounting disputes
  • Consumer matters, e.g. holidays
  • Commercial disputes
81
Q

What is the recent addition to ADR?

A

Online Dispute Resolution (ODR). It uses IT to develop out of courts solutions to legal disputes. They allow claimants to issue a claim, and defendants to respond to it, without legal representation in the first instance, though if the dispute is not resolved, the claim can ultimately be transferred to the County Court.

Wrapped: Legal Systems (11 decks)

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