ELS - court structure & hierarchy

Supreme Court - composition

12 judges President = Baroness Hale of Richmond Cases usually heard by 5 judges, but can be up to 9 in important cases. Brexit = 11

The Crown Court - composition

3 tiers of operation: 1. High Court Judge who will hear civil & criminal cases 2. High Court Judge who will hear only criminal cases 3. Recorders and Circuit Judges who will hear only criminal cases

The County Court - composition

3 types of judge: 1. Circuit Judge (appointed by the Queen on recommendation by the Lord C) 2. Recorder - part-time posts who handle less serious matters (appointed by Lord C) 3. District judge (appointed by Lord C) Over 300 county courts hear around 90% of civil law cases

Court of Appeal (Civil Division) - composition

38 Lord and Lade Justices of Appeal (promoted from within the body of High Court Judges) President = Master of the Rolls = Sir Terence Etherton Cases usually heard by Master of the Rolls + 2

The QBD Administrative Divisional Court (criminal) - function

Hears criminal cases from the Magistrates Court or the Crown Court Only hears appeals concerning a point of law OR where magistrates have acted outside their jurisdiction

Judicial Committee of the Privy Council - composition

Senior members of the judiciary in England and Wales - usually Supreme Court - and senior members of the judiciary from the commonwealth jurisdictions

Criminal law

Public law: the law concerned with the relationships between individuals and the state Prosecution - Defendant - Verdict - Punishment

The QBD Administrative Divisional Court (criminal) - composition

Two or more judges, one of whom will be a Lord Justice of Appeal

Civil law

Private law: the law concerned with the relations between individuals and other legal persons Claimant / Appellant - Defendant /Respondent - Judgment - Remedy

The County Court - appeals

Access to Justice Act 1999 - appeals go to High Court, unless bankruptcy - in which case, Chancery Divisional Court

Leap frogging

An appeal from the High Court straight to the Supreme Court, by-passing the Court of Appeal. Used to reduce the delay and costs of cases which will inevitably end up there.

The Magistrates Court (criminal division) - function

Around 98% of criminal matters begin and end life here Power to impose a find of up to £5,000 and/or maximum prison sentence of up to 6 months

The Family Court - precedent

As a result of the judges of mixed seniority acting within the court it is difficult to determine how the doctrine of precedent applies, but presumably it does not create and is bound

The High Court - precedent

Bound by Supreme Court and binds inferior courts It is not bound by other High Court cases which are heard by one judge or their peers - but it generally does follow its own precedent

Court of Appeal (Civil Division) - precedent

Bound by Supreme Court and its decisions bind inferior courts. Young vs. Bristol Aeroplane Co. -- 3 exceptions 1. Where there are two previous and conflicting decisions, the court may choose 2. The court need not follow a previous decision where that decision has been expressly or impliedly overruled by the Supreme Court 3. It may decline to follow a previous decision made 'per incurium'

The European Court of Human Rights

Cases can only be brought against governments and only after appeal processes in domestic courts have been exhausted

Standard of Proof

Civil = balance of probabilities Criminal = beyond reasonable doubt

Burden of Proof

Civil = claimant (can be reversed e.g. libel causes where the defendant has the burden of proof for certain defences) Criminal = prosecution (can be reversed e.g. in murder cases where the defendant is submitting the defence of diminished responsibility)

Judicial review

Concerned with the regulation of the legal activities of public bodies such as local authorities and utilities by reviewing the procedure used by these bodies in reaching their decisions

Supreme Court - history

Constitutional Reform Act 2005 - set it up 1 Oct 2009 - came into being By achieving a complete separation between the UK's senior judges and the upper house of parliament, sought to emphasise the independence and transparency of the law

The Court of Appeal (criminal division) - history

Created in 1966 out of the Court of Criminal Appeal

The Magistrates Court (civil division) - function

Deals with local government aspects of administrative law (highways, public health), council tax, charges for utilities

Supreme Court - precedent

Decisions made by the Supreme Court bind all inferior courts Used to be the case can it was bound by its own previous decisions HOWEVER Lord Gardiner (1966) - it would treat its own decisions as normally binding but may depart where it appears right to do so

The Family Court - appeals

Depends entirely on the level of seniority of the judge deciding the original case

The Family Court - composition

Different levels of judges (lay magistrate, lay justices, district judges, circuit judges)

The Court of Justice of the European Union (ECJ)

Does not decide the result of cases before it but simply makes a ruling on EU law and leaves it to be implemented by national courts

Criminal Justice Act 1988

Empowers the Attorney General to apply to the Court of Appeal to review a sentence, in respect of a list of offences, on the grounds that it is unduly lenient

Criminal Justice Act 2003

Enables the prosecution (with the consent of the Director of Public Prosecutions) to apply to the Court of Appeal to quash the acquittal of anyone found 'not guilty' of a serious offence. The Court of Appeal must decide if there is NEW and COMPELLING evidence - an exception to the rule of double jeopardy (a person cannot be retried for the same offence if acquitted)

The Court of Appeal (criminal division) - precedent

Generally bound by its own previous decisions but the desirability of justice outweighs the desirability of certainty

The Court of Appeal (criminal division) - composition

Head = Lord Chief Justice / Head of the Judiciary / Head of Criminal Justice / President of the Courts of England and Wales (Sir John Thomas --> Sir Ian Burnett) Sits in two courts 1. LCJ + Lord Justices of Appeal or QBD Judges 2. LCJ + 2 QBD judges

Judicial Committee of the Privy Council - precedent

Its decisions are not binding on English courts but its opinions are highly persuasive as the Council is made up of the same judges that sit in the Supreme Court Unclear whether it is bound by English precedent

Court of Appeal (Civil Division) - history

Judicature Act 1873 - set it up Split into civil and criminal divisions in 1966

The High Court - history

Judicature Act 1973 - set it up Administrative Justice Act 1930 - set up 3 divisions 1. Queen's Bench Division - Sir Brian Leveson - common law claims such as tort and contract, commercial and admirality courts, technology and construction court 2. Chancery Division - Lord Justice Vos - company and partnership, land, trusts, mortgages, bankruptcy 3. Family Division - Sir James Munby - legitimacy, wardship, adoption

The Magistrates Court (civil division) - appeals

Made to QBDivisional Court (The Administrative Court)

The Family Court - history

Matrimonial and Proceedings Act 1984 & Crime & Courts Act 2013 - a single Family Court was created 22 April 2014

The High Court - composition

Ordinary high court judges are called 'puisne' judges Each division of the High Court may also sit as a 'divisional court' which sits with at least 2 judges and performs appeals 1. The Administrative Court (QBD) 2. Chancery Divisional Court 3. Family Divisional Court