1. three judicial systems england and wales scotland northern ireland the law criminal-...
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Great Britain Legal System
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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
The Courts
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Highest Court>
Senior Courts>
Senior Courts>
Subordinate Courts>
Structure
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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
Civil Court
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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
Criminal Law
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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.
The Crown Prosecution Service
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Four Sentences
1. Discharge: without conditions or conditional on further criminal activity
2. Monetary sentence3. Custodial sentence (prison)4. Community sentence
Appeals on points of law Scotland: Scottish Court of Criminal Appeal
Sentencing and Appeals
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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
The Courts
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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
The Courts
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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
Youth Court continued
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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
The Courts
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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
Crown Court continued
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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
County Courts
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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
County Courts continued
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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
County Courts continued
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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)
The High Court
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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
The Court of Appeal
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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
The Supreme Court
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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
Road to the Supreme Court
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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
Special Courts