The main theme for today's lecture was an introduction to the different types of courts in the court hierarchy (shown below).
This blog post will review notes from this morning's lecture and provide information on the different types of cases each court deals with.The House of Lords, which is soon to be known as the Supreme Court, is the highest court in the UK. It also acts as the final stage of appeal for courts lower in the hierarchy. The Prime Minister elects special "Law Lords", whom are appointed for life to carry out the legal functions within the court.
The High Court is also an important part of the hierarchy, as High Court judges are responsible for ensuring justice is served in all local courts in the country.
If lower courts cannot reach a decision they will refer a case up the hierarchy.
The European Court of Justice can overturn any decision made by both the High Court and the House of Lords.
The High Court is made up of 3 divisions:
Queens Bench: This division deals with cases such as breaches of contracts, compensation claims, and certain libel cases.
Family Division: As the name suggests, this division deals with divorce cases, and child welfare matters which lower courts have been unable to settle.
Chancery Division: This division is more complex than the others, as it deals with cases such as issues with property, bankruptcy, and disputes between landlords and tenants.
The Crown Court is the main criminal court and is where most cases end, unless referred for appeal. This court features full-time professional judges and the case is presented before a jury. Juries can only deliver a guilty verdict if they are persuaded "beyond reasonable doubt" that a person is guilty. Any other reason for a guilty verdict can be interpreted as contempt of court and carries a maximum penalty of 30 years imprisonment. This is of a higher standard than civil courts, who base their verdicts on the "balance of probabilities".
The Magistrates Court is where all criminal cases begin. 3 Magistrates will deal with the case, deliver a sentence or transfer the case to Crown Court. Most cases in the Magistrates Court will be started by the police, however the more serious cases are dealth with by the Crown Prosecution Service.
The County Court deal with civil matters similar to the High Court, but at a lower level. Civil matters may be settled in the County Court, or more serious cases will be referred to the High Court.
Tribunals are at the bottom of the hierarchy and deal with appeals on decisions regarding immigration, child support, tax, pensions etc.
House of Lords: http://atlasshrugs2000.typepad.com/.a/6a00d8341c60bf53ef0111686031d2970c-800wi
High Court:
http://www.peo.gov.au/images/library/0018.jpg
Crown Court: http://www.bushywood.com/sussex/sussex_images/lewes_crown_court_interior_woodwork.jpg
Magistrates Court: http://news.bbc.co.uk/olmedia/1705000/images/_1706544_bowstreet_300.jpg
County Court: http://www.polksheriff.org/InsidePCSO/Detention/PublishingImages/CTHOUSE%20003.jpg
Recent News: Hit-and-Run driver Hannah Saaf has pleaded guilty at Bristol Crown Court after knocking down and killing 11 year old Sam Riddal before fleeing the scene. Saaf was found 9 days after the crash sleeping rough in a tractor shed. This case went to Bristol Crown Court, and because the defendant pleaded guilty, the case did not need to be referred to the higher courts. (http://news.bbc.co.uk/1/hi/england/bristol/8280070.stm)
Other References:
McNae's Essential Law for Journalists
http://journalism.winchester.ac.uk/?page=223
Hello My name is Jenni and i am doing combined honours in journalism.
ReplyDeleteI am impressed to find a chunky blog (thus far most other students blogs just say 'hi') Enjoyed the read.
See you around
J
This is very useful - thanks for finding the diagramme of the court system missing from my notes. A great start.
ReplyDelete