2. The Courts
• Three Judicial Systems
• England and Wales
• Scotland
• Northern Ireland
• The Law
• Criminal- Actions against the law and punishable
• Civil- Monetary disputes between individuals or companies.
• Dual- Both involved, a car crash where monetary and legal
issues arise as an example
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4. Civil Court
• County Courts or High Courts
• Original Jurisdiction
• Neighbor disputes, Contracts, Divorce or personal
injury cases are examples
• Court of Appeal in London
• Appeal on a point of law
• Supreme Court
• Highest Court in England
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5. Criminal Law
• Breaches of the Law
• Shoplifting to murder
• Police action
• Crown Prosecution Service
• Minor Cases
• Magistrates Courts
• Major Cases
• Crown Court
• Also hears appeals from Magistrates Courts
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6. The Crown Prosecution Service
• One and a half million cases yearly
• Barristers try the case
• Four Regions
• 31 areas
• Each with a Chief Crown Prosecutor
*Special Cases such as terrorism, race relations, and
breaches of the Official Secrets Act handled in
London.
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7. Sentencing and Appeals
• Four Sentences
1. Discharge: without conditions or
conditional on further criminal activity
2. Monetary sentence
3. Custodial sentence (prison)
4. Community sentence
• Appeals on points of law
• Scotland: Scottish Court of Criminal
Appeal
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8. The Courts
• Magistrates Courts
• Majority of cases here
• Lay Magistrates, Justices of the Peace
(unpaid)
• Two or more must be present
• Larger areas, District Judges (paid)
• No jury
• 6 month maximum sentence
• Civil jurisdiction for minor cases 8
9. The Courts
• Youth Courts
• Children 10-14
• Young people 15-17
• Up to three Magistrates sit
• At least one man and one woman
• Youth Offending Team issues a report
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10. Youth Court continued
• Children
• Parent must be present
• Parent must pay monetary orders
• Parenting orders imposed:
• Counseling for parents
• Exercise control child
• Young People
• With an adult heard in Magistrates Court
• Parents may be held accountable
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11. The Courts
• Crown Court
• High Court Judge or Circuit Judge presides
• Lord Chancellor determines site
• In London: Central Criminal Court
• “Old Bailey”
• Contested trials
• Jury present
• Appeals from Magistrate
• Judge plus 2-4 Justice of the Peace
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12. Crown Court continued
• Circuit Judge
• Barrister for 10 years
• Or Recorders for 3 years
• Recorder
• Part time Judge
• Barrister or Solicitor for 10 years
*Also hears appeals from the Magistrate Court
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13. County Courts
• Most Civil Cases heard here
• County Courts Act 1984
• 218 set up
• One or more circuit judges
• One or more district judges
• Appointments
• Judicial Appointments Commission
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14. County Courts continued
• High Court and County Courts
Jurisdiction Order 1991
• Personal injury cases up to 50,000
pounds
Other cases heard
• Debt or damages
• Landlord and tenant disputes
• Divorce
• Consumer credit agreements 14
15. County Courts continued
• Simple procedures up to 5,000 pounds
• No professional assistance needed
• Trials of claims up to 15,000 pounds
• May commit a person up to 2 years
• May fine up to 5,000 pounds for contempt or
misbehavior
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16. The High Court
• Three divisions
1. Queen’s Bench Division
• Claims for damages, breach of contracts, defamation and
wrongful arrest
2. Chancery Division
• Trusts, injunctions, property, company and bankruptcy
matters
3. Family Division
• Marriage, wardship, adoption, child abduction
(International)
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17. The Court of Appeal
• Civil and Criminal Appellate Courts
• Appeals from the three High Courts and
Crown Court and lower Courts
• 28 Lords Justices (judges)
• From here appeals to the Supreme Court
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18. The Supreme Court
• Constitutional Reform Act 2005
• Forms the Supreme Court
• 1 October 2009, first session
• Separate Branch
• House of Lords were the Highest Court
• 11 Justices
• Original Lord Justices the first Court
• No voting rights anymore in the House of Lords
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19. Road to the Supreme Court
• England and Wales
• Civil and Criminal Courts of Appeal
• The High Court (limited)
• Scotland
• The Court of Session (Very Rare)
• Northern Ireland
• Court of Appeal in Northern Ireland
• The High Court of Northern Ireland
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20. Special Courts
• Coroners’ Courts
• Independent Judicial Officer
• All suspicious deaths
• Does not apportion blame
• Administrative Tribunals
• Conflicts with a citizen and government department
• Some are formal rules, others less formal
• Large city versus smaller townships
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