Court System

Prosecution

Brought by the State (Crown) against the defendant.

Case Style (R v Brown)

“R” = Rex/Regina (the King/Queen); read as “Crown against Brown.”

Standard of Proof (Criminal)

Beyond reasonable doubt; explained as “satisfied so you are sure.”

Burden of Proof

On the prosecution; defendant usually need not prove anything.

Parties in Criminal Case

Prosecution (CPS or other body) vs Defendant (individual or company).

Crown Prosecution Service (CPS)

Independent from police; main body starting prosecutions in England & Wales.

Other Prosecutors

Health & Safety Executive, Environment Agency, local councils.

Defendant’s Plea

Can plead guilty (conviction, go to sentencing) or not guilty (case goes to trial).

Verdict

Court’s decision at trial: guilty or not guilty.

Sentence

Punishment if guilty: imprisonment, fine, or other penalty.

Magistrates’ Court

Lowest criminal court; all cases start here; 95% end here.

Magistrates’ Court Powers

Unlimited fine; up to 6 months’ prison for one offence.

Either-Way Offences

Mid-level offences; can be tried in Magistrates’ Court or Crown Court.

Indictable Only Offences

Serious crimes; must go to Crown Court.

Crown Court

Senior trial court for indictable and some either-way offences; trials usually with jury.

Old Bailey

Most famous Crown Court; Central Criminal Court in London.

Appeals from Magistrates

Defendant can appeal conviction/sentence to Crown Court; trial reheard de novo.

Appeal by Case Stated

To Administrative Court (High Court) if Magistrates made legal error.

Appeals from Crown Court (Defendant)

With permission, can appeal conviction, sentence, or both to Court of Appeal (Criminal Division).

Appeals from Crown Court (Prosecution)

Can appeal unduly lenient sentence (Attorney General) or quash acquittal in serious offences (CJA 2003).

Court of Appeal (Conviction Appeal)

Will quash conviction if “unsafe”; usually based on new evidence, trial error, or misdirection of law.

Court of Appeal (Sentence Appeal)

Common; allowed if unlawful, wrong evidence, irrelevant factors, or misapplied guidelines.

Appeal to Supreme Court

Rare; only on point of law of general public importance (e.g. R v R marital rape case).

Judicial Committee of the Privy Council

Final appeal court for UK overseas territories, Crown dependencies, some Commonwealth countries; decisions persuasive in English law.

Criminal Cases Review Commission (CCRC)

Reviews miscarriages of justice; can refer cases back to Court of Appeal or Crown Court if “real possibility” of overturning.

CCRC Evidence Rule

Normally must show new evidence or argument not raised before; rare exceptions for “exceptional circumstances.”

Civil Law

Regulates relationships between private parties (individuals/companies), e.g. contracts, negligence, family law.

Parties in Civil Case

Claimant vs Defendant (used to be Plaintiff pre-1999 Woolf reforms).

Outcome in Civil Case

Court issues a judgment; usually damages (compensation), but can grant other remedies.

Standard of Proof (Civil)

Balance of probabilities = more likely than not (51% wins, 50% fails).

Burden of Proof (Civil)

Usually on the claimant.

Examples of Civil Cases

Personal injury, clinical negligence, breach of contract, employment disputes, family disputes.

Civil + Criminal Liability

Same facts can give rise to both. E.g. dangerous driving → criminal prosecution + civil claim for damages.

Starting Point for Civil Cases

Most begin in County Court; higher value (over £100,000) go to High Court.

County Court Tracks

Small claims (<£10,000 or <£1,000 PI), Fast track, Intermediate track, Multi-track (most complex/high value).

Precedent

County Court decisions do not create precedent; must follow higher courts.

Tribunals

Specialist judicial bodies for administrative/regulatory cases; no criminal jurisdiction.

Tribunals System

Created by Tribunals, Courts and Enforcement Act 2007; two tiers: First Tier Tribunal (FTT) and Upper Tribunal (UT).

First Tier Tribunal (FTT) 7 chambers

War Pensions & Armed Forces Compensation, Social Entitlement, Health, Education & Social Care, General Regulatory, Tax, Immigration & Asylum and Property

Employment Tribunal

First-tier level but separate from the Chambers.

Upper Tribunal (UT)

Equivalent to High Court; hears appeals from FTT.

Employment Appeals Tribunal (EAT)

At Upper Tribunal level but sits separately.

Senior President of Tribunals

Head of tribunal judiciary (like Lord Chief Justice for courts); role created by 2007 Act.

Tribunal Presidents

Run day-to-day judicial work of each Chamber.

Tribunal Judges

Legally qualified; ensure correct decisions in law.

Tribunal Members

Non-lawyer specialists (lay members); used in some cases alongside judges.

Coroner’s Courts

Investigate deaths where cause unknown or unnatural; hearings called inquests.

Coroners

Must be barristers, solicitors, or doctors (5+ years); not part of judiciary; often continue practice.

Coroner’s Decision

Called a verdict.

When Juries Sit in Inquests

If death occurred in state custody or certain suspicious circumstances.

Public Inquiries

Major investigations into events of public concern; led by government departments.

Examples of Public Inquiries

Grenfell fire, undercover policing, Iraq War.

Inquiries Act 2005

Power to compel witnesses and evidence. Legal safeguards and procedures Framework for chair, evidence, report, recommendations.

Public Inquiry Limitation

Government not obliged to follow recommendations.

Planning Inquiries

Separate system for town and country planning; happen when planning permission is refused and appealed, or for local plans.

Public Participation in Inquiries

Members of the public can appear as third parties and challenge evidence.

Senior Courts of England & Wales

Supreme Court, Court of Appeal, High Court, Crown Court (structure set out in Senior Courts Act 1981).

High Court Divisions

King’s Bench Division (KBD), Chancery Division, Family Division.

High Court Judges

Appointed by monarch on Lord Chancellor’s recommendation after JAC process; prefix “Mr/Mrs/Ms Justice [Surname]” / “[Surname] J”.

High Court Masters

Procedural judges; handle cases until trial; resume after trial.

Regional High Court Centres

District Registries (Cardiff, Bristol, Birmingham, Leeds, Manchester, etc.).

King’s Bench Division (KBD)

Civil (contracts, torts: negligence, nuisance, defamation, trespass). Also judicial review via Administrative Court. Some criminal jurisdiction (appeals by case stated).

Administrative Court

Part of KBD; reviews lawfulness of government/public body decisions. Can sit as Divisional Court (two+ judges) in complex cases.

Chancery Division

Business and property cases; equity law. Includes Insolvency & Companies Court, Patents Court, Intellectual Property Enterprise Court (IPEC). Head = Chancellor of High Court.

Business & Property Courts

Combines Chancery and specialist KBD courts (Commercial, Admiralty, TCC, Financial List, Circuit Commercial Court).

Family Division (High Court)

Child law, wardship, divorce, appeals from Family Court. Exclusive jurisdiction in wardship.

Rights of Audience (Civil)

Solicitors can appear in Magistrates’, County Court, Tribunals; not in Higher Courts (High Court, CA, SC) unless hold Higher Rights.

Court of Appeal

Two divisions: Civil & Criminal. Headquartered at Royal Courts of Justice, London. Judges = Heads of Division + Lords Justices of Appeal (“Lord/Lady Justice [Surname]” / “[Surname] LJ”).

Court of Appeal Civil Division

Head = Master of the Rolls. Hears appeals from High Court, County Court (Circuit Judge cases), and tribunals (EAT, IAT).

Court of Appeal Criminal Division

Head = Lord Chief Justice (also Head of Judiciary, President of Courts of England & Wales). Hears appeals from Crown Court. Panels usually 3 judges (Lord/Lady Chief Justice + High Court judges).

Supreme Court

Highest UK court (since Oct 2009, replaced House of Lords). Hears appeals from all UK jurisdictions (England & Wales, Scotland, NI).

Supreme Court Justices

12 Justices, called “Lord/Lady [Surname]”. Head = President of Supreme Court.

Supreme Court Appeals

Permission required; only on “point of law of general public importance.”

Leapfrog Appeal

High Court judgment appealed directly to Supreme Court, bypassing Court of Appeal (Administration of Justice Act 1969).

Recent Supreme Court Issues

Commercial surrogacy damages; lawfulness of prorogation of Parliament; standard of proof in suicide inquests.

Access to Justice

Basic rule of law principle: people must be able to have rights enforced, challenge decisions, and hold authorities accountable.

Main Barrier

Cost of legal advice/representation.

Legal Aid

Government-funded help with legal costs; free or cheaper than market rates. Introduced by Legal Aid and Advice Act 1949.

LASPO 2012

Legal Aid, Sentencing and Punishment of Offenders Act. Restricted civil legal aid to limited “in-scope” areas.

Legal Aid Cuts (2013)

Removed many areas (divorce, welfare benefits, housing, employment). Availability fell ~80%.

Legal Aid Agency

Administers legal aid in England & Wales.

Merits Test (Civil Legal Aid)

Case must be strong enough; cost justified by likely benefit; representation at court only if case ≥50% chance of success.

Means Test (Civil Legal Aid)

Client’s disposable income & capital assessed; must meet financial criteria.

McKenzie Friends

Non-lawyers (friends, volunteers, or paid helpers) assisting litigants in person. Not regulated. Paid McKenzie friends controversial; some cases of negligence.

Consequences of Legal Aid Cuts

Huge reduction in access to legal help; undermines rule of law; risk of unrepresented parties; increases pressure on courts.

Court Funding

Cuts and court closures reduce accessibility. 2011

Online Courts (Digitalisation)

Pros: convenience, lower cost. Cons: digital literacy ≠ legal capability; risk of excluding people. Committee urged more public legal education.

Warnings on Digitalisation

Senior judges stress importance of physical hearings: community presence, trust in justice, richer human interaction.

Pro Bono Legal Services – Free legal help from

• Citizens Advice
  
  

• Law Centres
  
  

• Advocate (Bar’s pro bono service)

Litigants in Person

Parties who represent themselves; allowed in any court.

• Common in County Court small claims (<£10k, or PI <£1k).
  
  

Cause problems in complex/high-value or criminal cases (longer hearings, confusion, unfairness to witnesses).

Criminal Legal Aid

• Free at police station.
  
  

• After charge: depends on age (U18 = automatic), income, trial venue, and “interests of justice” test.
  
  

• More defendants unrepresented in Magistrates’ Court than Crown Court.

Civil Legal Aid (In-scope)

• Community care
  
  

• Actions against public authorities
  
  

• Mental health/capacity
  
  

• Judicial review
  
  

• Special educational needs
  
  

• Asylum claims
  
  

• Immigration detention
  
  

• Debt where home is at risk
  
  

Public family law (child protection)

Appeals from County Court

• From DDJ/DJ → to Circuit Judge (still in County Court).
  
  

• From Circuit Judge → to High Court.
  
  

• Then → Court of Appeal (Civil Division).
  
  

• Final appeal → Supreme Court (point of law of general public importance only).

County Court Judges

• Deputy District Judge (junior, fee-paid)
  
  

• District Judge (most common, handles procedure/final hearings)
  
  

Circuit Judge (senior, complex cases, hears appeals).