civil courts and other forms of dispute resolution

county court

most civil claims up to £100,000

-negligence claims where someone suffered injury

-other tort based claims eg nuisance or tresspassing

-debt claims,housing claims,bankrupcy, probate claims

high court(kings bench divison)

contract and tort claims over £100,000

-applications for judicial review+ applicants for habeas corpus(protection against illegal imprisonment)

high court (chancery division)

disputes relating to business, property and land wherever £100,000 is in issue

-disputes over trusts,probate,partnership matters

high court (family division)

(generally heard in private) child is made ward of the court+ cases related to welfare of children

-complicated family cases transferred from county court

-cases w foreign element eg. international child abduction

3 track system in civil courts

small claims: under £10,000,very tight schedule,case lasts2-3 hrs,no lawyers,heard by single circuit or district judge,heard in private or open court

-fast track:£10.000-£25000 compensation,strict pre-trial lawyers allowed,case decided and finished in 30 weeks trial last up to a day. district.circuit

-multi track: £25000-£50.000. tightly managed+scheduled by circuit judge. Trial in open court+ if case too complicated it can be moved to high court. if still to complicated it can leapfrog to supreme court

juristiction of county court

hear summary offences, some triable either-way offences and the first hearing of indictable offences. 

 court power to sentence offender max 6 months(for 1 offence) and/or up to £5000

LAPSO(legal aid sentencing and punishments for offenders act 2012) gives the court additional powers to issue higher penalties on offenders who have committed ‘Level Five’ offences.

juristiction of the high court

hear triable either-way and indictable offences.

unlimited sentencing powers

hear appeals from magistrates court

grounds for appeal

-error of law

-error of fact

procedural unfairness

small claims appeal

first appeal will be before a Circuit Judge sitting in the County Court.

fast track appeal

if case first heard by district judge, appeal will go to circuit judge in county court

-if matter complex and originally heard before circuit judge, appeal will be heard by high court judge sitting in the crown court

mult-track appeal

where case has been originally heard in county court

high court appeal

  appeal made to the court of appeal(civil division)

-may occasionally be leapfrog appeal to uk supreme court

-only appealed if issue is of national importance,leave to appeal required

-appellants notice must be submitted 21 days after decision made.

employment tribunals role

-to function as independent tribunal

-resolve disputes between employer and employee

-hear disputes where employee feels they have been treated unequally: unfair dismissal,discrimination,unfair deduction from pay

-tribunal outcomes: compensation, reinstation of employee

negotiation

can be carried out: facetoface,writing,phone,email

- conducted by 2 parties w/o referring to 3rd party assistance. formal can have: representatives or lawyers or all 3.

-by themselves doesn’t cost. can take place right up to a court hearing

-eg. salary change, corporate merger

mediation

where neutral person helps parties reach a compromise

-acts as facilitator, shuffles between parties

-parties have control over process and can withdraaw any time

-eg, conflict resolution for workplace issues,contract dispute, divorce proceedings

concilliation

-similar to mediation but conciliator plays more active role,discussing issues with both parties sugguesting grounds for compromise or settlement

-both parties must agree to final compromise

-desiceon is not legally binding

eg. improvement in pay or employment conditions, company restructuring.

arbitration

Formal court process where parties submit their claims to private arbitration

-arbitrator decides for you like a judge( except specialised in particular field eg. holidays or building

-legally binding

-scott vs avery clause: in all commercial contracts where theres a dispute over terms in a contract, we agree to arbitration- businesses like to keep dispute private

-if theres a scott and avery clause then its a requirement to arbitrate

-private,cheaper,faster. only appealed in exceptional circumstances.

Summary offences

less serious offences and are dealt with in the Magistrates' Court. They include, e.g., most driving offences and criminal damage under £5,000.

-usually dealt with at first hearing

-defendant will be asked wether they plead guilty

Triable either way offences

mid-ranging offences and are dealt with in the Magistrates' or Crown Court

-eg theft, AGH

-pre trial procedures include plea before venue + mode of trial following guilty or not guilty plea

-magistrates can send defendant to crown court for sentencing if case too complex

Indictable offences

Most serious offences, dealt with in crown court

-eg. Murder and robbery

-Pre-trial procedure includes an Early Administrative Hearing at the Magistrates’ Court

-The case is sent to the Crown Court for trial and/or sentencing

-Plea and Trial Preparation hearing to take place as soon as possible

Appeal from magistrates court

Defence can appeal from magistrates court against conviction or sentence

-case completely reheard by judge and two magistrates

-conviction can be reversed, confirmed, or varied to find defendant guilty of lesser offence

-sentences may be confirmed or increased

Case stated appeal to queens bench division

Defence may appeal against conviction on a point of law.  Court may confirm, vary or reverse the decision or send the case back to the Magistrates’ Court

-prosecution may appeal against acquittal on a point of law. Court may confirm or quash decision or send case back to magistrates court for re-hearing

Appeal from the crown court

-Defendant may appeal against conviction and/or sentence on grounds that the conviction is unsafe

-leave to appeal required and application must be made within 28 days

-court may order retrial and quash conviction

-sentence may be reduced upon appeal but not increased

-prosecution may ask Attorney general to seek leave to appeal bc of an unduly lenient sentence

-prosecution may appeal against acquittal due to jury nobbling

Appeals to the uk Supreme Court

-Leave to appeal required from either the Court of Appeal or the Supreme Court.  

-Appeal must involve a point of law of public importance.

-Available to both the prosecution and defence

The aims of sentencing set out in s142 criminal justice act 2003

All courts must regard the following sentencing:

-the punishment of offenders

-reduction of crime(incl it’s deduction by deterrence)

-reform and rehabilitation of offenders

-protection of the public

-the making of reparation by offenders

Aggravating factors

offender has previous convictions

Operating part of a gang

Deliberately targeted vulnerable victim

Committed whilst on bail

Mitigating factors

Genuine remorse

Playing minor part

First time offence

Cooperation with police

Admission of guilt at first opportunity

Adult custodial sentence

adult may be given a mandatory life sentence, discretionary life sentence, extended determinate sentence, minimum sentence for dealing in Class A drugs or a third burglary of a residential building, suspended sentence, fixed-term sentence and Home Detention Curfew.

Non custodial adult sentences

Community order eg. Curfew,electronic monitoring, exclusion,rehab

Other non custodial sentences: fines, driving ban,discharges

how barristers r regulated

• controlled by the general council of the bar

• Bar standards board investigates any breaach of conduct-can dicipline them

• in serious matters of misconduct,Barrister reffered to disciplinary tribunal of the council of inns of court and can be struck off

• office 4 legal complaints set up by legal services act 2007 deals w complaints regarding a way a complaint was handled. Matter reffered to legal ombudsman.

solicitors regulation

• law society represents interests of solicitors like a union

• Solicitors regulatory authority regulates profession + deals w complaints

• office for legal complains deals w complaints abt a way a complaint was handled

Legal executives regulation

chartered institute of legal executives is governing body

• regulatory body is CILEx regulation-act against legal execs who do not meet standards

• office for legal complaints

diff levels of judges

INFERIOR JUDGES: 3. district judge 2. recorder 1.circuit judge

SUPERIOR JUDGES: 3. high court judge 2.Lady/lord justices of appeal 1. justices of the supreme court

roles of judges in magistrates court

district judge hear summary matters and triable either way matters. they decide verdict and pass sentence

role of judges in county court

District Judges, Part-time Recorders and Circuit judges hear all civil cases. They decide liability and award the appropriate remedy.

role of crown court judges

Part-time Recorders and Circuit Judges hear some triable either-way matters and all indictable matters.

advise jury on law and pass appeals from the magistrates court

independance of judiciary

security of tenure= judges job garuanteed/secure.

immunity from suit= everyone in court can speak freely without being sued

independence from the other two arms of state= court should be separate from the gov

independence from the case= being free from the interests of the state.

why we need independent judiciary

protecting the liberty of the individual from abuse of power by the executive.

vital in democracy. gov cant force judge to resign if they make a disliked decision

have to be seen as impartial

for or against career judiciary

for= judges have more training in the specific skills for judges. avg age of judges in career judiciary is much lower eg 20s.(whereas in eng 30s)

against= judges may be seen as too closely linked to state and gov. Bc of their young age may be seen as lacking life experience and desicieons not taken so seriously

challenge to the array

juries act 1974

jury has been selected in a biased way r v ford

just bc jury all white doesnt make them biased

challenge for course

valid reason why individual juror is not fit to sit on a jury

disqualified? knows the people on the trial?

prosecution right to stand

when your number is called, the prosecution may want you to 'stand-by'. This means that you won't need to sit on the jury unless the jury list becomes exhausted and stand-bys will be recalled. Then you might be sworn as a juror.

advantages of jury

-fair and impartial

-jury equity-publics idea of fairness

-open system of justice

secrecy of jury room removes outside pressure

representative

public confidence

disadvantages of jury

perverse decisions-ignore the law

secrecy-if they dont understand case cant ask or google

racial bias-have to keep jury on unless solid proof

jury tampering

too many aquittals