Courts and Processes

Hierarchy of the Courts

2.1 An outline understanding of both the criminal and civil court hierarchy, including both first instance and major appeal courts

The diagram bellow shows the full court hierarchy of both the criminal and civil court structure

Just note that the House of Lords is now known as the Supreme Court and that the European Court of Justice will be covered in a later unit.

Criminal court hierarchy

There is a total of four courts in the criminal court hierarchy, which are:

• the Magistrates' Court;
• the Crown Court;
• the Court of Appeal (Criminal Division) and;
• the Supreme Court

Their are about 400 Magistrates' Court's in England and Wales and so it is the most inferior criminal court.

There are about 90 Crown Court's in England and Wales, and so it is more superior than the Magistrates court, but still not the top court in the criminal court hierarchy.

There is a grant total of four appeal courts in the criminal court hierarchy, which are:

• the Crown Court;
• the High Court Administrative Court;
• the Court of Appeal (Criminal Division) and;
• the Supreme Court

The Crown Court handles most (there can appeals made from the Magistrates' Court directly to the High Court on points of law) appeals made from the Magistrates' Court.

The High Court Administrative Court handles appeals made by the Magistrates' Court on points of law.

The Court of Appeal (Criminal Division) handles appeals made from the Crown Court.

The Supreme Court handles any further appeals made by the Court of Appeal.

Civil court hierarchy

There is a grand total of four courts in the civil court hierarchy, which are:

• the County Court;
• the High Court;
• the Court of Appeal (Civil Division) and;
• the Supreme Court

There are about 200 County Courts in England and Wales, and so it is the most inferior  court in the civil court hierarchy.

There is only one High Court which is based in London, but judges from the High Court go to some of the major cities such as Bristol, Birmingham, Manchester or Newcastle to deal with cases (to save the hassle of people from north England or Wales having to travel all the way to London to settle a case). There are three divisions which specialise in different types of cases. These Divisions are:

• Chancery Division - specialising in company law, partnerships and land law
• Queen's Bench Division - specialising in cases on contract law and tort
• Family Division - specialising in family cases

There is a grand total of three appeal courts in the civil court hierarchy, which are:

• the High Court
• the Court of Appeal (Civil Division)
• the Supreme Court

The High Court handles appeals made from the County Court.

The Court of Appeal (Civil Division) handles appeals made from the High Court

The Supreme Court handles and further appeals from the Court of Appeal

There is also what is known as a leapfrog appeal from as you can see, the High Court can directly appeal to the Supreme Court

NOTE: The Court of Appeal is used in both the criminal AND civil court hierarchy, although there are different divisions (Criminal Division and Civil Division) to the Court of Appeal

The Criminal Courts:

The Magistrates' Court

Pre-trial:

2.2 An outline understanding of the following: 

2.2.1 The difference between summons and arrests 

Summons: This is a document sent by post to the accused person. It tells them the must attend court on a given date. This method is used for less serious offences. This method can only be used when the offender's name and address are known.
Arrests: This is when the police, under the Police and Criminal Evidence Act 1984, otherwise known as PACE, has the power to arrest: anyone who is about to commit an offence; anyone who is in the act of committing an offence and ; anyone who has committed an offence. Nevertheless, arrests are usually used for the more serious offences.

This may make it clearer when the police can arrest

NOTE: You will not need to know Arrests in the detail that I have given it in, since you just need to have an outline understanding of the differences, but the more you know...

2.2.2 The role of the Crown Prosecution Service 

The Crown Prosecuting Service (CPS):

• Are responsible for prosecuting most cases in the criminal courts (criminal cases). 
• Some work in what are known as Criminal Justice Units in key police stations. 
• They advise the police on the correct charges when charging a suspect.
• The decide if there is enough evidence for the case to go to court
• They follow the Code for Crown Prosecutors, which consists of two tests, which are:
• - the evidential test: is there a realistic prospect of conviction
• - the public interest test: is it in the public interest to prosecute

2.2.3 Duty solicitors (at the police stations and at court)

At police stations

There is only a few pieces of information that you need to know about the role of duty solicitors at the police stations, the main ones being:

• They are free
• Everyone has the right to contact one
• The can give advice over the phone or in person

At court

Again, there is only a few pieces of information that you need to know about the role of duty solicitors at court, with the main ones being:

• They are free (just like at the police station)
• Everyone has the right to contact one (again, just like at the police station)
• They will represent the defendants case

2.2.4 Summary, either-way and indictable offences 

In the English legal system, there are three categories of crimes, which are:

• Summary offences (minor offences);
• Offences triable either-way (middle-range offences) and;
• Indictable offences (serious offences)

You must also know where each category of offence will be heard, which the diagram bellow neatly does:

2.2.5 Bail (both by the police and at court)

At police stations

There is only a few pieces of information that you need to know about bail being given by the police, which are:

• It is the earliest stage at which bail can be given
• If they refuse to grant bail, they must arrange for the accused to make an appearance before the Magistrates' as soon as possible

At court

Again, there is not that much information that you must be aware of, but there is more content about bail at court than bail by the police:

• There is a presumption of innocence under the Bail Act 1976
• Bail can be rejected by the Magistrates if they feel that the defendant will do any of the following acts:
• - failing to surrender (not attending court)
• - commit further offences
• - interfere with witnesses (ie intimidating witnesses is a good example)
• However, other factors also affect whether bail should bee granted, which include:
• - nature and seriousness of the offence committed 
• - past record (previous convictions) of the defendant 
• - the defendants ties with the community (ie. does he live there or have family there)
• - whether the defendant has previously jumped (fled) on bail

Conditions

You must also be aware of some conditions that the police and/or the Magistrates can place on bail. Some conditions include:

• the accused must hand in his passport
• the accused must live at a bail hostel
• the accused must report to the police station at set times
• the accused must be indoors by a curfew
• surety (this is when another person is prepared to pay the court a certain sum of money if the defendant fails to attend court)

The trial:

2.3 An understanding of the role of magistrates in summary trial and trial of either way offences

Magistrates can only try summary and triable either-way offences, you must know that simple piece of information. Indictable offences are too serious for them to try, that is why indictable offences are heard only in the Crown Court, see the diagram in 2.2.4 for reference 

Summary trials

In summary trials, the defendant will plead guilty or not guilty. 

If the defendant pleads guilty, then the trial can be summarised in a few quick steps:

• the Magistrates' will review his:
• - past record
• - financial position
• - any relevant reports (ie medical reports or probation reports)
• - a speech made in mitigation presented by the defendant or his lawyer (barrister)
• The Magistrates' will then sentence the defendant

If the defendant pleads not guilty, then it too can be summarised in a few quick steps:

• the prosecution will present their evidence, any witnesses are questioned by the prosecutor before being cross-examined by the defence
• the defence will present their evidence, any witnesses are questioned by the defence before being cross-examined by the prosecution
• the Magistrates' then decide if the defendant is guilty or not guilty
• if the defendant is found not guilty, then he is free to go
• if the defendant is found guilty, then the Magistrates will review his:
• - past record
• - financial position
• - any relevant reports (ie medical reports or probation reports)
• - a speech made in mitigation presented by the defendant or his lawyer (barrister)
• - the Magistrates' will then sentence the defendant

Triable either-way trials

The main distinquising factor between how Magistrates' deal with triable either-way offences as apposed to how they deal with summary offences is that they must first decide if they have enough sentencing power to sentence the defendant if he is seen to be guilty. If they feel that they have insufficient sentencing power, then the defendants case will be tried in the Crown Court. If the Magistrates' feel that the have sufficient sentencing power, then the defendants case will be tried in the exact same way as summary offences are tried.

If the defendant pleads guilty, then the trial can be summarised in a few quick steps:

• the Magistrates' will review his:
• - past record
• - financial position
• - any relevant reports (ie medical reports or probation reports)
• - a speech made in mitigation presented by the defendant or his lawyer (barrister)
• The Magistrates' will then sentence the defendant

If the defendant pleads not guilty, then it too can be summarised in a few quick steps:

• the prosecution will present their evidence, any witnesses are questioned by the prosecutor before being cross-examined by the defence
• the defence will present their evidence, any witnesses are questioned by the defence before being cross-examined by the prosecution
• the Magistrates' then decide if the defendant is guilty or not guilty
• if the defendant is found not guilty, then he is free to go
• if the defendant is found guilty, then the Magistrates will review his:
• - past record
• - financial position
• - any relevant reports (ie medical reports or probation reports)
• - a speech made in mitigation presented by the defendant or his lawyer (barrister)
• - the Magistrates' will then sentence the defendant

Post-trial:

2.4 An outline understanding of the following:

2.4.1 Sentencing

Magistrates sentencing power is relatively weak compared to that of which Judges in the Crown Court can impose. Magistrates can impose:

• a custodial sentence;
• a community order;
• a fine and;
• a discharge

Custodial sentence

• Prison is for offenders aged 21 and over
• - offenders ages 18-20 are sent to a Youth Offenders Institution
• - offenders aged 15-17 are sentenced to a detention and training order as a custodial sentence.   The minimum sentence is 4 months and the maximum sentence is 24 months (Magistrates' are limited to a maximum of 12 months for two offences remember). This type of sentence can also be given to offenders aged 12-14 but only if they are persistent offenders
• Magistrates can impose a maximum sentence of six months of one offence and twelve months for two or more

Community order

This is for offenders ages 16 and over

There are many different types of community orders, including:

• Unpaid work
• - up to 300 hours on community projects
• - usually work an eight hour day on Saturday or Sunday
• Curfew requirement
• - offender is required to stay at a set address during set hours (usually 6am-6pm)
• Supervision requirement
• - offender is placed under the supervision of a probation officer for up to five years
• - offender will attend appointments with the probation officer or a set individual
• Drug rehabilitation and alcohol treatment
• - hopes of tackling the causes of crime to prevent any further offences from occurring

Fine

Magistrates' can impose a maximum fine of £5,000

Discharge

• Used for minor or first time offenders
• There are conditional discharges:
• - offender cannot re-offend up to 3 years
• - if the defendant breaks condition, he can be re-sentenced for his original offence
• There are absolute discharges:
• - there are no conditions

This diagram shows the seriousness of each penalty, and gives a sort of idea for when each one should be used (less serious punishments should be used for less serious crimes) 

2.4  Appeals

The diagram bellow summaries in more than sufficient detail what you need to know about the appeals made by the Magistrates' Court

The Crown Court

The trial:

2.5 An understanding of the roles of judge and jury in trying indictable offences, including offences triable either-way

The diagram bellow shows the judge's role in both pre-trial, trial and post-trial (giving you more information than you need to know), and the juries role during the trial.

Post-trial:

2.6 An outline understanding of the following:

2.6.1 Sentencing

Circuit Judges (the judges stationed at the Crown Court) sentencing power is very powerfull compared to that of which Magistrates' in the Magistrates' Court can impose. Circuit Judges can impose:

• a custodial sentence;
• a community order;
• a fine and;
• a discharge

Custodial sentence

• Prison is for offenders aged 21 and over
• - offenders ages 18-20 are sent to a Youth Offenders Institution
• - offenders aged 15-17 are sentenced to a detention and training order as a custodial sentence.   The minimum sentence is 4 months and the maximum sentence is 24 months. This type of sentence can also be given to offenders aged 12-14 but only if they are persistent offenders
• - any offenders aged 10-17 who is convicted of murder is detained during Her Majesty's Pleasure
• Magistrates can impose a maximum sentence of six months of one offence and twelve months for two or more

Community order

This is for offenders ages 16 and over

There are many different types of community orders, including:

• Unpaid work
• - up to 300 hours on community projects
• - usually work an eight hour day on Saturday or Sunday
• Curfew requirement
• - offender is required to stay at a set address during set hours (usually 6am-6pm)
• Supervision requirement
• - offender is placed under the supervision of a probation officer for up to five years
• - offender will attend appointments with the probation officer or a set individual
• Drug rehabilitation and alcohol treatment
• - hopes of tackling the causes of crime to prevent any further offences from occurring

Fine

In the Crown Court, there is virtually no limit to the amount of money they can fine a defendant.

Discharge

• Used for minor or first time offenders
• There are conditional discharges:
• - offender cannot re-offend up to 3 years
• - if the defendant breaks condition, he can be re-sentenced for his original offence
• There are absolute discharges:
• - there are no conditions

2.6.1 Appeals

The Civil Courts:

The County Court

Pre-trial:

NOTE: Some of these (marked with a *) are not actually on the syllabus and therefore you do not need to learn them, but by knowing these short, sweet pieces of information, it may GREATLY help you in the exams. It has helped me hugely in large 6 mark questions.

2.7 An outline understanding of the following:

2.7.1 *Tribunals

2.7.2 Negotiation

Really all you need to know are some pros and cons, it summaries what you need to know quite nicely
Pros

• Quicker than court
• Cheaper than court
• More convenient than court (ie it can be done via telephone or email)
• Flexibility in settlement (you do not need to settle for damages or an injunction, you could get company coupons, if that's what your into)

Cons

• Imbalance of power (ie there may be an individual against a large corporation)
• Parties may not be able to come to an agreement
• Parties do not have legal knowledge

2.7.3 *Mediation

Really all you need to know are some pros and cons, it summaries what you need to know quite nicely
Pros

• Quicker than court
• Cheaper than court
• More convenient than court (parties can agree on time and location)
• Less formal than court
• Allows parties to continue their business relationship
• Mediators are experts in an area of law
• It is conducted in private

Cons

• Parties may be intimidated by the mediator
• Mediators are not always legal experts
• It may not work
• The settlement is not legally binding, unless both parties agree that it is

2.7.4 *Conciliation

Really all you need to know are some pros and cons, it summaries what you need to know quite nicely
Pros

• Quicker than court
• Cheaper than court
• More convenient than court (parties can agree on time and location or the conciliator can)
• Flexibility in settlement
• Parties can continue their business relationship
• It is conducted in private
• Conciliators are often trained in one type of dispute
• Conciliator can suggest terms and advise parties on offers made by the other part

Cons

• Conciliators are not always legal experts
• May not lead to a settlement
• Settlement is not legally binding, unless both parties agree that it is
• Parties may feel that the conciliators suggestions and advice are not truly neutral

2.7.5 *Arbitration

Really all you need to know are some pros and cons, it summaries what you need to know quite nicely
Pros

• Quicker than court
• Cheaper than court (not always)
• Parties can make their own rules as to how the arbitration should be conducted
• Time and place of the hearing can be arranged to suit the parties
• It is conducted in private
• Questions of quality are decided by an expert instead of a judge (this saves time)

Cons

• Not always cheaper than court
• There can be an imbalance of power (ie an individual versing a large corporation)
• There is no right of appeal
• Arbitration is costly and time-consuming

2.7.6 Sources of legal advice and funding a civil claim

Sources of legal advice

 You can obtain legal advice at:

• the Citizens Advice Bureux (CAB)
• - it exists in most towns
• - they issue general advice on a variety of points, including legal matters
• - the staff is not legally qualified
• - they can give a list of local solicitors
• - some CAB's have arrangements with some local solicitors who go to the CAB centre once a fortnight 
• Law centres
• - they are intended to provide a community or neighbourhood service in poorer areas
• - they are staffed by full-time paid lawyers
• - they are mostly concerned with housing, social security, welfare rights, employment problems, planning & environmental issues and woman's rights
• - they will advise and represent people both in court and before tribunals
• Internet sites
• - offers basic legal advice
• - and example is the Community Legal Service and can be found at:
• - - www.clsdirect.org.uk

Funding a civil claim

You can either fund a civil claim privately or publicly

• Private funding
• You can pay for the case yourself, or get a conditional fee, or insurance
• - Conditional fees
• - - this is when a solicitor and client agree on a fee
• - - the agreement also states the solicitors success fee which can be up to 100% or the original fee (this means if your solicitor wins the case, then you pay him 100% of what the original fee stated)
• - - if the solicitor does not win, then the client pays nothing
• - - - this is known as a no-win, no-fee agreement
• - -if the client wins the claim, you can claim your lawyers fee from the losing party (this means that if your solicitor costed £3,000 and you won the case, then the losing party would pay that £3,000)
• - Insurance
• - - you can have before the event insurance or after the event insurance
• - - - before the event
• - - - - this is where insurance is paid on something (such as a house or a car) and the insurance policy covers the possibility of legal costs
• - - - - this type of insurance is paid for before (hence the before the event) the event occurred
• - - - after the event
• - - - - this is when you are about to be involved in a case and you want to protect yourself from the possibility of loosing
• - - - - this type of insurance can be expensive
• Public funding 
• - public funding can be found from the Community Legal Service (remember the name from above)
• - - the CLS provides legal representation at the County Court or the Crown Court 
• - - the CLS does not fund cases which are orientated around:
• - - - claims for personal injury, or death, or damage to property through someone else's negligence
• - - - defamation or malicious falsehood cases
• - - - claims for amounts less than £5,000
• - - - most tribunal hearings (except in the Mental Health Tribunal and Immigration Tribunal)
• - - restrictions include:
• - - - there must be a realistic chance of the claim succeeding (or else it is just a waste of the public's money
• - - - the cost of bringing the case must not be higher than the likely damages

2.7.7 Bringing a civil claim

You must first decide if the claim will be heard in the County Court or the Crown Court:

• Claims under £25,000 are heard in the County Court
• Claims between £25,000 and £50,000 are heard in the either the County Court or the High Court, depending on the complexity of the case
• Claims over £50,000 are heard in the High Court

The claimant must fill out a claim form

The defendant can either pay the claim (and it will not go any further) or he can defend it

The trial:

2.8 An understanding of the difference between a Small Claims and a Fast Track hearing in the County Court

NOTE: Depending on the book that you refer to, the actual defining amount of a Small Claim and a Fast Track varies. The two books that I've studies from: AQA GCSE Law by Alan Jones & Tracey Page and; GCSE Law 4th edition by Jacqueline Marting; both agree that the Small Claims are for £5,000 but the Alan Jones book claims that Fast Track is for claims amounting between £5,000 and £15,000 while the Jacqueline Martin textbook states that Fast Track claims amount between £5,000 and £25,000. I personally prefer the Jacqueline Martin textbook as that range agrees with past paper answers that I have seen.

The diagram bellow summaries some key differences between Small Claims and Fast Track, along with Multi-track (which you do not need to know for your exam)

There are some more differences that you should be aware of that can (and will) earn you extra marks in the exam. Memories the points bellow and you cannot go wrong:

Small Claims

• for claims under £5,000
• Lawyers are generally not used
• - referred to as 'do-it-yourself' claims
• heard by a District Judge

Fast-Track

• for claims between £5,000 and £25,000
• case is heard within 30 weeks
• case is hear in a day
• number of expert witnesses are restricted
• heard by a Circuit Judge

Post-trial:

2.9 An outline understanding of the following:

2.9.1 Civil remedies (damages and injunctions)

There are only two forms of civil remedies in the courts, which are damages and injunctions:

• Damages
• - this is monetary compensation awarded to the claimant for the defendants actions
• Injunctions
• - this is a court order for the defendant not to do something (although it can also be used to make the defendant do something)

2.9.2 Appeals

The diagram bellow really summaries the order of appeal in the County Court quite nicely 

Introduction to Law

Meaning and definition of law

1.1 An outline understanding of the meaning of law and the necessity for a reliable system of law in a free society 

The meaning of law

There is no single correct definition of law, although most definitions given by anyone you ask (including judges) will be similar. Sir John Salmond gave his definition of law as "the body of principles recognised and applied by the State." To put it simply, a set of compulsory rules about human behaviour created and enforced by the State.

The necessity for a reliable system of law in a free society

We need law to:

• keep public order
• protect individual freedoms
• regulate relationships
• set standards 
• provide solutions for legal problems

Classification of law

1.2 An outline understanding of the legal differences between Public law (criminal, constitutional and administrative law) and Private Law (contract, tort and family law)

Public law consists of:

• Criminal law
• Constitutional law
• Administrative law

and it involves the State

Private law consists of:

• Contract law
• Law of tort
• Family law

and it is concerned with disputes between individuals or businesses

1.3 An outline understanding of the legal differences between Civil law and Criminal Law 

So essentially the diagram bellow summaries any and all major legal differences between Civil law and Criminal law that you need to be aware of