This chapter describes the civil courts in England and Wales. It covers the composition and administration of magistrates’s courts, County Court, and the High Court; jurisdiction; High Court Divisions (Queen’s Bench Division (QBD), Chancery Division (ChD), and Family Division), and specialist courts (Business and Property Courts, Technology and Construction Court, Commercial Court, Administrative Court, Companies Court, Patents Court, and Intellectual Property Enterprise Court). For most civil claims the claimant has a free choice between the High Court and the County Court. Common law claims are suitable for the Queen’s Bench Division, whereas equity claims are more suitable for the Chancery Division. The High Court should be used for the more important and complex claims.
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Chapter
This chapter describes the civil courts in England and Wales. It covers the composition and administration of magistrates’s courts, County Court, and the High Court; jurisdiction; High Court Divisions (Queen’s Bench Division (QBD), Chancery Division (ChD), and Family Division), and specialist courts (Business and Property Courts, Technology and Construction Court, Commercial Court, Administrative Court, Companies Court, Patents Court, and Intellectual Property Enterprise Court). For most civil claims the claimant has a free choice between the High Court and the County Court. Common law claims are suitable for the Queen’s Bench Division, whereas equity claims are more suitable for the Chancery Division. The High Court should be used for the more important and complex claims.
Chapter
Steven Cammiss
This chapter first considers the functions of the courts and questions whether there are other, more symbolic functions at play than finding the truth. It then outlines the court system, looking to both magistrates' courts and the Crown Court, and explores the composition of both courts, the types of cases that they deal with, and their role. To examine a particular decision made within the criminal courts, the chapter looks at the mode of trial decision. It concludes by asking whether the reality of the courts lives up to the rhetoric of trial by jury as the pinnacle of due process protections.
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This chapter examines appeal procedures. It discusses the values that should underpin appellate procedures; appeals from the magistrates' courts; appeals from the Crown Court to the Court of Appeal; and the role of the Criminal Cases Review Commission in referring cases back to the appeal courts once normal appeal rights are exhausted.
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This chapter considers the range of disposals available where a young offender admits the offence(s) or a finding of guilt is recorded against him. It discusses the principles which guide the sentencing of youths; the youth court’s sentencing powers; the adult magistrates’ court sentencing powers; the Crown Court’s sentencing powers; and sentencing a ‘dangerous’ young offender.
Chapter
Martin Hannibal and Lisa Mountford
This chapter considers the range of disposals available where a young offender admits the offence(s) or a finding of guilt is recorded against him. It discusses the principles which guide the sentencing of youths; the youth court’s sentencing powers; the adult magistrates’ court sentencing powers; the Crown Court’s sentencing powers; and sentencing a ‘dangerous’ young offender.
Chapter
This chapter describes the civil courts in England and Wales. It covers the composition and administration of magistrates’s courts, County Court, and the High Court; jurisdiction; High Court Divisions (Queen’s Bench Division (QBD), Chancery Division (ChD), and Family Division), and specialist courts (Business and Property Courts, Technology and Construction Court, Commercial Court, Administrative Court, Companies Court, Patents Court, and Intellectual Property Enterprise Court). For most civil claims the claimant has a free choice between the High Court and the County Court. Common law claims are suitable for the Queen’s Bench Division, whereas equity claims are more suitable for the Chancery Division. The High Court should be used for the more important and complex claims.
Chapter
Alisdair A. Gillespie and Siobhan Weare
This chapter focuses on the people who are present during criminal trials. It considers those in summary trials in magistrates’ court (magistrates, justices’ clerks/legal advisers, lawyers, and the defendant). It also considers those who are present in the Crown Court during a trial on indictment (the judge, the jury, lawyers, court clerks, the stenographer, the usher, and the defendant). The chapter also explores how lawyers for the defence are funded under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Chapter
Alisdair A. Gillespie and Siobhan Weare
This chapter examines the trial process and identifies the differences between summary trials and trials on indictment. It details who is in court, what their role should be, and how they reach their various decisions. The discussions cover the prosecution case, the defence case, closing speeches, judicial summing up, reaching the verdict, and youth trials.
Chapter
Alisdair A. Gillespie and Siobhan Weare
This chapter focuses on the people who are present during criminal trials. It considers those in summary trials in magistrates’ court (magistrates, justices’ clerks/legal advisors, lawyers, and the defendant). It also considers those who are present in the Crown Court during a trial on indictment (the judge, the jury, lawyers, court clerks, the stenographer, the usher, and the defendant). The chapter also explores how lawyers for the defence are funded under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Chapter
Alisdair A. Gillespie and Siobhan Weare
This chapter examines the trial process and identifies the differences between summary trials and trials on indictment. It details who is in court, what their role should be, and how they reach their various decisions. The discussions cover the prosecution case, the defence case, closing speeches, judicial summing up, reaching the verdict, and youth trials.
Chapter
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the aims and scope of the criminal law; and the criminal justice system within which it is used. Criminal law refers to the behaviour that makes a person liable to punishment by the state. The Principles of Criminal Law is helpful in evaluating the criminal law through the determination of key principles. Appeals from magistrates’ courts are mostly heard in the Crown Court. The Court of Appeal analyses how the trial judge summarised the case to the jury to establish whether the conviction is ‘safe’. The European Convention is integrated into domestic law by the Human Rights Act 1998. The advantages of codification are outlined by the Law Commission. It is noted that most English-speaking countries have a codified system of criminal law.
Chapter
Alisdair A. Gillespie and Siobhan Weare
This chapter discusses the organization of the modern court structure and what each court does. The courts in England and Wales (ie excluding the Supreme Court which is a UK court) are administered by a single agency, HM Courts and Tribunal Service. The courts of original jurisdiction (ie which hear trials of first instance) are ordinarily the magistrates’ court, county court, Crown Court, and High Court although they have now been joined by the Family Court. The Crown Court and High Court have both an original and appellate jurisdiction. The High Court is divided into three divisions (Queen’s Bench Division, Chancery Division, and Family Division) and when two or more judges sit together in the High Court it is known as a Divisional Court. The chapter also briefly describes the Judicial Committee of the Privy Council, Court of Protection, and Coroner’s Courts.
Chapter
Alisdair A. Gillespie and Siobhan Weare
This chapter discusses the organization of the modern court structure and what each court does. The courts in England and Wales (i.e. excluding the Supreme Court which is a UK court) are administered by a single agency, HM Courts and Tribunal Service. The courts of original jurisdiction (i.e. which hear trials of first instance) are ordinarily the magistrates’ court, county court, Crown Court, and High Court although they have now been joined by the Family Court. The Crown Court and High Court have both an original and appellate jurisdiction. The High Court is divided into three divisions (Queen’s Bench Division, Chancery Division, and Family Division) and when two or more judges sit together in the High Court it is known as a Divisional Court. The chapter also briefly describes the Judicial Committee of the Privy Council, Court of Protection, and Coroner’s Courts.
Chapter
Where a prosecution is commenced against a child aged 10 to 13 years or against a young person aged 14 to 17 years, the general rule is that he will be tried and sentenced in the youth court. The youth court adopts more informal and less adversarial procedures to deal with the needs and vulnerabilities of young defendants. However, there are exceptional situations (grave offences and dangerous offenders) where they will be tried in the Crown Court or when jointly charged with an adult sometimes in the adult magistrates’ court. This chapter discusses the rules for deciding where a young person is to be tried; the rules for trying a young person in the Crown Court; the rules for trying a young person in the adult magistrates’ court; the young defendant’s right to court bail; and the procedure in the youth court.
Chapter
Martin Hannibal and Lisa Mountford
Where a prosecution is commenced against a child aged 10 to 13 years or against a young person aged 14 to 17 years, the general rule is that he will be tried and sentenced in the youth court. The youth court adopts more informal and less adversarial procedures to deal with the needs and vulnerabilities of young defendants. However, there are exceptional situations (grave offences and dangerous offenders) where they will be tried in the Crown Court or when jointly charged with an adult sometimes in the adult magistrates’ court. This chapter discusses the rules for deciding where a young person is to be tried; the rules for trying a young person in the Crown Court; the rules for trying a young person in the adult magistrates’ court; the young defendant’s right to court bail; and the procedure in the youth court.
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This chapter considers the public funding of criminal proceedings and the early stages of the criminal litigation process. Topics discussed include legal aid as a human right; pre-charge advice and assistance; funded representation in court; representation orders; the interests of justice test; means testing and its application to cases tried in the magistrates’ court; the means test as applied to cases triable on indictment; work that can be done under a representation order; acquitted defendants and Defendants’ Costs Order; the future of public funding; and preparing for the first appearance before the magistrates’ court.
Chapter
Alisdair A. Gillespie and Siobhan Weare
This chapter provides an introduction to the courts and tribunals judiciary. It discusses the judicial office, judicial appointments, judicial diversity, and judicial training. There are different levels of judges within the courts and tribunals, with the senior judiciary comprising the Lord Chief Justice and Heads of Division. The Lord Chief Justice is the Head of the Judiciary. The Head of the Tribunals is the Senior President of the Tribunals. There are also part-time members of the judiciary known either as district judges, recorders, or Deputy High Court Judges depending on which court they sit in. This chapter assesses the similarities and differences between the court judiciary and tribunal judiciary. The quasi-judicial role of magistrates is also considered in this chapter. Discussing them in this chapter allows for their role to be considered and contrasted with that of district judges (magistrates’ courts) who also sit within the magistrates’ court.
Chapter
Martin Hannibal and Lisa Mountford
This chapter considers the public funding of criminal proceedings and the early stages of the criminal litigation process. Topics discussed include legal aid as a human right; pre-charge advice and assistance; funded representation in court; representation orders; the interests of justice test; means testing and its application to cases tried in the magistrates’ court; the means test as applied to cases triable on indictment; work that can be done under a representation order; acquitted defendants and Defendants’ Costs Order; the future of public funding; and preparing for the first appearance before the magistrates’ court.
Chapter
Alisdair A. Gillespie and Siobhan Weare
This chapter provides an introduction to the courts and tribunals judiciary. It discusses the judicial office, judicial appointments, judicial diversity and judicial training. There are different levels of judges within the courts and tribunals, with the senior judiciary comprising the Lord Chief Justice and Heads of Division. The Lord Chief Justice is the Head of the Judiciary. The Head of the Tribunals is the Senior President of the Tribunals. There are also part-time members of the judiciary known either as district judges, recorders, or Deputy High Court Judges depending on which court they sit in. This chapter assesses the similarities and differences between the court judiciary and tribunal judiciary. The quasi- judicial role of magistrates is also considered in this chapter. Discussing them in this chapter allows for their role to be considered and contrasted with that of district judges (magistrates’ courts) who also sit within the magistrates’ court.
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