NCTJ Seminar Introduction to the law

Sources of Law COMMON LAW  Laws laid down over centuries by the Courts, often following custom and practice. Called “common” as it applied to all and was not specific to some.  Often modified by statute. STATUTE LAW  Passed by Parliament  Modifies/repeals previous laws – both common and statute  Legal position can be affected by statute AND common law PRECENDENT  Case law – the decisions of higher courts affect those further down.

Terminology in Court  In civil cases CLAIMANTS bring actions against DEFENDANTS  In criminal cases it’s the PROSECUTION – the Crown - versus the DEFENCE  Both types of actions have TRIALS  DAMAGES are AWARDED by civil courts  ORDERS – e.g. injunctions are MADE or GRANTED  DAMAGES agreed by the parties before trial are not AWARDED – they are WON or SETTLED  CIVIL COURTS cannot punish – they can award punitive damages.  SOLICITORS – have limited rights of audience unless they are Solicitor Advocates.  BARRISTERS – have the right to practice in all courts – they are known as “counsel”

The divisions of law  Criminal law – deals with those acts punishable by the courts as breaches of the law affecting the public at large. They are technically committed against the Crown.  Civil law – concerns private claims for damages and/or Court orders e.g. injunctions, declaratory judgments  Interchange between the 2 systems. Assault, libel, breach of copyright, trespass may all be civil AND criminal matters. A road accident may lead to a criminal case and a civil action for damages.

Magistrates Courts  Perform both civil and criminal functions  Lay magistrates (JPs) are unpaid  District judges (stipendaries) – are professionals  Clerks to justices – paid legal advisers to magistrates  They deal mainly with lesser criminal cases  Majority of criminal cases in UK heard by lay magistrates  They have limited sentencing powers – up to 6 months imprisonment  Family courts deal with child maintenance, separation orders and adoption  Magistrates also sit as Youth Courts dealing with those under 18.  Anti-social behaviour orders

Magistrates Courts 2  “Indictable-only” offences – those which must go to Crown Court – appear first before magistrates  They also deal with “either-way” offences in which the defendant can elect summary (magistrates) trial or Crown Court trial.  If it’s the former, the magistrates can send them, on conviction, to Crown Court for sentence.  A summary trial takes the same form as a CC trial – witnesses, cross-examination, etc – but it’s the magistrates who decide the verdict.  Magistrates also hear private prosecutions – for instance, by the RSPCA – and matter such as school non-attendance.

Crown Courts  Perform mainly criminal functions  Hear trials of serious “indictable” offences  Sentence some of those found guilty by magistrates  Hear appeals from magistrates  High Court judges sitting in Crown Courts are ‘ Mr. Justice…’  Circuit Judges are ‘Judge….’  Recorders (part time judges) are ‘Mr/Mrs. Recorder’  Juries sit in all criminal trials in the Crown Court  They do not attend pre-trial hearings or preparatory hearings  Reporting restrictions apply to these

Court Structure contd County Courts  Try most civil claims – negligence, trespass, damages  More complicated or specialised claims go to the High Court  Cases usually tried by District or Deputy District judges. High Court  In London, but there are District Registries elsewhere  Queens Bench, Chancery and Family Divisions  Queens Bench Divisional Court hears appeals on points of law from magistrates and Crown Courts. Also hears contempt proceedings brought by Attorney-General  Sits at the Royal Courts of Justice in London

Court Structure contd l Court of Appeal  Master of the Rolls presides in civil cases  Two or three judges normally sit and hear appeals from County Courts High Court and Employment Appeals Tribunal  Hears criminal appeals from the Crown Court on a point of law.  Criminal branch is presided over by Lord Chief Justice Criminal verdicts may be overturned by quashing, or by ordering a new trial, or to substitute a conviction for a different offence Criminal verdicts may be overturned by quashing, or by ordering a new trial, or to substitute a conviction for a different offence Supreme Court (formerly House of Lords) Supreme Court (formerly House of Lords)  Hears appeals via panel of five (sometimes more) Law Lords and Ladies though new Judges will from now on not be members of the House of Lords but Justices of the Supreme Court. Highest appeal court in the country.