The legal system

Civil court system:

Types of claim:

• Small claims:
  • Value of up to £10,000
• Fast track:
  • Value of £10,000 - £25,000
• Multi track:
  • Value of £25,000 +

Structure of civil courts (from least superior, to most).

• County court.
  • Hears small claims, fast track and multi track.
  • Cases are heard by a circuit or district judge.
• High courts.
  • Family court.
    • Hears about adoption cases, domestic violence, divorce and custody.
  • KBD.
    • Only has a right to jury in certain cases.
    • Hears contract and tort cases where the amount claimed is over £100,000.
  • Chancery.
    • Hears cases concerned with insolvency, mortgage enforcements, copyright and patents etc.
• Court of appeal.
  • Hears appeals from county and high courts.
• Supreme court.
  • Hears appeals from the CoA.
  • Can hear appeals straight from the high court if there are exceptional circumstances.

Evaluation of civil courts:

• Advantages:
  • Outcome is legally binding.
  • Specialist divisions.
  • Chance to appeal.
  • Trial is conducted by a legal expert.
• Disadvantages:
  • Expensive
  • Slower than ADR.
  • Inequality of power, as richer people can afford better lawyers.

Criminal courts:

Types of offences:

• Summary offences:
  • Maximum sentence of 6 months.
  • Least serious offences eg. driving offences, assault, battery.
• Either-way offences:
  • Maximum sentence of 7 years.
  • Moderate severity offences eg. theft, ABH.
• Indictable offences:
  • Maximum sentence of life.
  • Very severe offences eg. murder, manslaughter and GBH.

Criminal court structure (from least superior to most).

• Magistrates court:
  • Tries all summary offences and some either-way offences.
• Crown court:
  • Tries all indictable offences and some either-way offences.
  • Hears sentencing appeals from magistrates court.
• High court:
  • Hears appeals on points of law.
• Court of Appeal:
  • Hears appeals on convictions or sentences.
• Supreme court:
  • Hears appeals on a point of law of general public importance.

Magistrates:

Magistrates role:

• Judicial:
  • Trying cases.
  • Committal proceedings.
• Administrative:
  • Community work.
  • Warrants, bail, appeals and training.
• Specialist:
  • Family proceedings court.
  • Youth court.

Magistrates appointment:

• Local Advisory Committees receive nominations for appointment.
• LAC interviews candidates to find out about their personal qualities and views. The candidate must posess 6 qualities.
  • Good character.
  • Understanding and communicative.
  • Mature and of sound temperament.
  • Committed and reliable.
  • Of sound judgement.
  • Socially aware.
• These candidates are then recommended to the Lord Chancellor.

Juries:

• Must be aged 18-70.
• Must have been a resident of the UK for at least 5 years.
• A person is disqualified if:
  • They are on bail.
  • They have 5+ years of imprisonment.
  • They have had any imprisonment in the past 10 years.
  • They have a disability.
  • They are in the armed forces.

Selection and process:

• Jurors are selected at random by a computer.
• Upon arrival, all jurors are sent to a waiting room and 15-20 are chosen at random by the usher for a trial.
• From this group, 12 are selected and sworn in.
• Challenge to the array = Prosecution or defence can challenge the whole jury for being unrepresentative.
• Challenge for cause = Prosecution or defence can challenge an individual for reasons like knowing a witness.
• The jurors then must take a religious or non-religious oath.

Role of juries:

• Listen to evidence, take notes…