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Great Britain Legal System

Great Britain Legal System. 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.

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Great Britain Legal System

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  1. Great Britain Legal System

  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

  3. Structure • Highest Court> • Senior Courts> • Senior Courts> • Subordinate Courts>

  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

  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

  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.

  7. Sentencing and Appeals • Four Sentences • Discharge: without conditions or conditional on further criminal activity • Monetary sentence • Custodial sentence (prison) • Community sentence • Appeals on points of law • Scotland: Scottish Court of Criminal Appeal

  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

  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

  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

  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

  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

  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

  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

  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

  16. The High Court • Three divisions • Queen’s Bench Division • Claims for damages, breach of contracts, defamation and wrongful arrest • Chancery Division • Trusts, injunctions, property, company and bankruptcy matters • Family Division • Marriage, wardship, adoption, child abduction (International)

  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

  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

  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

  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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