Criminal Courts

Supreme court

The final court of appeal for all United Kingdom civil cases.

Court of Appeals

A court with appellate jurisdiction that hears appeals from the decisions of lower courts.

Criminal division of the Court of appeal

Hears appeals from the Crown Court.

Civil Division of the Court of Appeal

Appeals from: High Court, County Court, some Tribunals.

Family Division (High Court)

A division of the High Court that deals with family law matters.

King's Bench Division (High Court)

Contract/tort, commercial court

Administrative Court (KBD)

Administrative law: lawfulness of acts and omissions of the state - mainly judicial review.

What does the Chancery Division of the High Court deal with?

Financial issues such as insolvency, mortgages, copyright, and probate.

How are cases heard in the Chancery Division of the High Court?

All cases are heard by a single judge.

Divisional court (Chancery division)

Appeals from the county courts on bankruptcy and land

Indictable Offence

A serious crime that requires a formal charge and is typically tried in a higher court.

What are triable either way offences?

Offences that can be tried in the Crown Court or in the Magistrates' Court.

Give an example of a triable either way offence.

Theft

What is s 47 ABH?

Assault occasioning actual bodily harm.

What is s 20 GBH/wounding?

Grievous bodily harm or wounding.

Inchoate Offence

A crime that was begun but not completed, such as conspiracy or attempt.

Magistrates Court

A lower court that deals with minor criminal cases, civil matters, and preliminary hearings.

Summary Offences

Less serious criminal offenses typically tried in a magistrates court, such as minor theft or public disorder.

Indictable Offences

Serious criminal offenses that are not tried in a magistrates court but may begin there for preliminary hearings.

Triable either way offences

Crimes that can be tried either in a magistrates court or a higher court, depending on the circumstances.

Civil Jurisdiction

The authority of a magistrates court to hear civil cases, such as family law disputes and small claims.

Youth Court

A specialized division of the magistrates court that deals with offenders aged 10 to 17.

Bail Decisions

The power of a magistrates court to grant or refuse bail to defendants awaiting trial.

Preliminary Hearings

Initial court proceedings in a magistrates court to determine if there is sufficient evidence for a case to proceed.

Appeals

The process by which decisions made in a magistrates court can be challenged in a higher court.

Case stated appeals

An appeal heard on a point of law

Crown Court

this is where serious criminal cases are heard by a judge and a jury in the UK

Sentencing Powers

The Crown Court has the authority to impose custodial sentences, community orders, and fines for convicted individuals.

Jury Trials

The Crown Court often conducts trials by jury, where a group of citizens determines the guilt or innocence of the accused.

Limited Jurisdiction

The Crown Court does not handle civil cases; its jurisdiction is limited to criminal matters.

High Court Appeals

Certain cases from the Crown Court can be appealed to the Court of Appeal, particularly in matters of law.

Role of Judges

Judges in the Crown Court are responsible for overseeing trials, ensuring legal procedures are followed, and delivering sentences.

What are lay magistrates also known as?

Justices of the peace

How many lay magistrates are there approximately?

Just under 18,000

What percentage of criminal business in court begins and ends with lay magistrates?

95%

What is the age range for magistrates?

18-65 years, can sit until 70 years old

Where are magistrates expected to live or work?

Near the local justice area where they sit

Do lay magistrates need qualifications in law?

No, they do not need any qualifications in law.

What is a requirement for lay magistrates regarding their character?

They must meet certain character requirements.

Good character, disclose anything dodgy they have done, have personal integrity and keep things confidential.

Understanding and Communication Skills

Good active listener and communicator, can concentrate for long periods.

Social Awareness

Be socially aware, open-minded and reflective, and understand social issues.

Temperament and Judgement

Mature and sound temperament, sound judgement, and commitment and reliability.

Commitment and Reliability

Dedication to duties and consistent attendance(Minimum requirement of 13 days)

How are lay magistrates selected?

An advert is placed in the area to recruit more magistrates. A standard form from the Ministry of Justice is filled out, and eligibility is checked. If eligible, an invitation is sent for a first interview.

Who is involved in the selection committee for lay magistrates?

The committee is made up of local people, including some magistrates.

What qualities are assessed in lay magistrate candidates?

The committee looks for 6 key qualities and assesses candidates' attitudes towards issues like drink driving, youth offending, and other criminal justice issues.

Initial Training

A structured program that introduces new magistrates to the legal system, court procedures, and their roles.

Mentoring

A process where experienced magistrates guide newcomers, providing support and sharing practical insights.

Continuing Education

Ongoing training sessions that keep magistrates updated on legal changes, best practices, and new case law.

Assessment and Evaluation

Regular reviews of a magistrate's performance to ensure they meet the required standards and competencies.

Specialization Training

Focused training in specific areas of law, such as family law or criminal law, to enhance expertise.

Role-Playing Exercises

Simulated court scenarios that help magistrates practice decision-making and courtroom management.

Legal Research Skills

Training on how to effectively conduct legal research and apply findings to cases.

Judicial Ethics

Education on ethical considerations and standards that govern judicial conduct.

Community Engagement

Programs that encourage magistrates to interact with the community and understand public concerns.

Induction Programs

Introductory sessions that familiarize new magistrates with court staff, facilities, and administrative processes.

Committal Proceedings

Preliminary hearings conducted by magistrates to determine whether there is enough evidence for a case to proceed to a higher court.

Bail

A legal mechanism allowing a defendant to be released from custody while awaiting trial, often determined by a magistrate.

Powers of Sentencing

The authority of magistrates to impose penalties, including fines, community service, or short-term imprisonment for offenses.

Community Justice

An approach emphasizing the role of magistrates in addressing local issues and engaging with the community to promote public safety.