Faculty of Economics & Administrative Sciences INTRODUCTION TO LAW MAN 206 LECTURE 5 Gulay Suleymanoglu L.L.B(Hons), L.L.M(International and European Law) Member of Cyprus Bar Association M:

Courts structure of England and Wales

Court System The UK has a system of courts that forms a hierarchy. This means that the decisions of higher courts are binding on the courts below and the higher courts can overrule the lower courts. The court in which a case starts out is called the court of first instance. Different cases start out in different courts. For example; a criminal case will be deal with by the criminal courts whereas a civil case will be dealt with by a civil court.

Criminal Courts Criminal acts are considered offences against the whole of a community Different types of criminal offences are heard by different courts. Minor offences (such as traffic offences) are called summary offences. More serious offences (such as murder) are called indictable offences. Criminal cases are brought by a prosecutor( usually the Crown) against defendant.

Magistrate’s Courts A magistrates' court is a lower court, where all the criminal proceedings start. In criminal matters, magistrates’ courts in England and Wales have been organized to deal with minor offences in a speedy manner. All criminal cases start here and over 95 percent of them will end here too – only the most serious ones go to Crown Court. The judges are know as justices of the peace or magistrates and they are appointed by the Lord Chancellor who is head of the legal system in England. No legal qualification of knowledge of the law is required; they are part time and unpaid. However; they receive advice on the law from the clerk to justices who is legally qualified.

Magistrate’s Courts The justices decide on the facts of the case after hearing both parties and then the clerk advises them any point of law. A minimum of two justices must sit to hear a case, but usually three sit. In addition about 100 full time qualified lawyers also sit as magistrates. They are now know as district judges. They sit alone and they have a reputation for disposing of cases quickly and efficiently.

Magistrate’s Courts Firstly Magistrates courts deals with the small criminal offences such as drunkenness, stealing and road traffic offences. Secondly, Magistrates have a function in more serious cases, for example murder, rape, robbery which are too serious to be dealt by the magistrates and instead have to be dealt with in the Crown Court under the procedure called sending for trial; every person charged with a serious offence must first appear in the magistrates courts and they will decide such things as legal aid and the taking of statements. Thirdly, in criminal cases magistrates cannot impose a fine exceeding 5,000 pounds and they cannot sentence a person to more than 12 months in prison. If they consider that a higher punishment is necessary they must send that person to the Crown Court for sentence.

Magistrate’s Courts Fourthly, they also have a civil jurisdiction which is an exception to the criminal jurisdiction. In this civil jurisdiction they deal with matrimonial cases such as maintenance for deserted wives and illegitimate children and adoption. Fifthly, they deal with the question of bail- whether defendant should be realised on bail or remanded in custody. If the former is decided then conditions can be imposed. For example; sureties, deposit of a lump sum, surrender of a passport and reporting to the police. Summary: Exclusive jurisdiction over summary only cases (minor motoring offences) Heard by a panel of lay magistrates, aided by clerk or a District Judge of Magistrates’ Court. Limited powers of sentence but can send cases to Crown Court for sentencing.

Crown Court The Crown Court sits in around 92 locations in England and Wales. Firstly, they deal with the serious cases such as murder, rape, armed robbery etc. All of these cases will have been committed to them from the magistrate’s court. Secondly, They deal with persons who have been convicted in the magistrate court but the magistrates courts consider that their powers to deal with them are insufficient. For example; they think that a fine of 5,000 pounds or 12 months in prison is not enough. The judges in the crown court sit with a jury which consists of 12 ordinary people picked at random. It is for the jury to decide whether a person is guilty or innocent but they can only decide on facts. Questions of law are for the judge who will direct them and will oversee the trial.

Crown Court Summary: -Exclusive jurisdiction over indictable offences (serious crimines e.g murder). -These cases are heard by a jury(12 persons). They deliver verdict (guilty or not guilty). -Judge directs jury on legal issues but jury decides questions of fact. -Hears appeals from Magistrates’ Court on verdict and sentence.

Court of Appeal(Criminal) A)Appeal from the Magistrates to the Crown Court: A person who has been convicted or\and sentenced in the magistrates court can appeal to the Crown Court on either his conviction or sentence. The appeal takes the form of e rehearing and it is heard by a judge and he can either quash(cancel) the conviction, reaffirm the conviction or increase or decrease the sentences passed. B)Appeal from the Magistrates to the Divisional Court: (Matters heard by a divisional court include some criminal cases in the High Court (including appeals from magistrate`s court and in extradition proceedings) As an alternative to appealing to the Crown Court, an appeal may sometimes be taken direct to the Queen's Bench Divisional Court by way of case stated from the magistrates' court. Either the defense or the prosecution may take advantage of this procedure where it is alleged that the justices' decision is wrong in law or was given in excess of jurisdiction.

Court of Appeal(Criminal) C ) Appeal from the Crown Court to the Court of Appeal (criminal division): An appeal can be made by a defendant against conviction or sentence to the court of appeal where it will be heard by 3 appeal court judges. The court of appeal can allow the appeal which means the defendant is acquitted(innocent) or it can dismiss the appeal. The court can also substitute a verdict of guilty of some other offence. D)Appeal from the Court of Appeal to the Supreme Court: In practice this is rare, but it can be by the prosecution or the defense. Appeal is only with the permission of the Court of Appeal where Court of Appeal certifies that a point of law if general public importance is involved.

Civil Courts County Court: - The majority of civil cases in England are dealt within the county court by a judge who sits alone without a jury. Procedure here tends to be quicker and a little less formal than the high court. - County courts exclusively civil jurisdiction. - County courts are courts of first instance only, meaning that they deal only with the original disputes rather than appeals from other courts.

County Court Some examples of types of cases heard at the county court The county court deals with civil cases, which includes a wide range of matters. Some of the most common types of cases are: landlord and tenant disputes, this can include rent arrears, eviction or repairs; consumer disputes such as faulty goods or services; personal injury claims; undefended divorce cases or dissolution of civil partnerships; some domestic violence cases; race, sex and disability discrimination cases; debt problems; enforcement of County Court Judgments; and employment problems

The High Court The High Court deals at first instance with all high value and high importance cases, and also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions. It has three main divisions: the Queen`s Bench Division, the Chancery Division, and the Family Division. The jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. Most High Court proceedings are heard by a single judge, but certain kinds of proceedings, especially in the Queen's Bench Division, are assigned to a Divisional Court, a bench of two or more judges. Exceptionally the court may sit with a jury, but in practice normally only in defamation cases or cases against the police.

Quenns Bench Division This division of high court deals with the greatest number of cases involving contract, tort and claims for recovery of land. Quenn’s Bench: contract and tort matters which cannot be heard in the County Courts. Chancery Division: The division is presided over by the Vice Chancellor. It deals with such cases as disputes over land, for example: ownership and boundaries. The administration of the estates of deceased persons, trusts. Chancery: finance and property, tax, bankruptcy.

Family Division This is presided over by the President> this division deals with matters arising from marriage, divorce, matrimonial property and children.

Court of Appeal(Civil) This court hears appeals form the County court and high court. The appeal takes the form of a rehearing through the judges notes. Witnesses are not recalled and fresh evidence is usually not admitted. The court has the power to uphold or reverse the decision of the lower court in whole or in part, it may change the damages awarded, it may make a different order as to costs.

Supreme Court(formerly House of Lords) The Supreme Court is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. This is the highest court in the UK although there is also now a further right of appeal to the European Court of Justice in EU cases. There is a right appeal from the Court of Appeal to the Supreme Court. In October 2009, The Supreme Court replaced the Appellate Committee of the House of Lords as the highest court in the United Kingdom. House of Lords: the upper chamber of Parliament.