 Hierarchy of courts of England and Wales  Civil courts  Civil procedure.

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Presentation transcript:

 Hierarchy of courts of England and Wales  Civil courts  Civil procedure

 County Courts  High Court of Justice  The Court of Appeal (Civil Division)  The Supreme Court

 The highest appeal court in the UK until 2009 was the House of Lords.  From 1 October 2009, the Supreme Court of the United Kingdom assumes jurisdiction on points of law for all civil law cases in the UK and all criminal cases in England and Wales and Northern Ireland.

 Small claims track  Fast track  Multi-track

 Negotiation/conciliation  Mediation  Arbitration

 The Magistrates’ Court  The Crown Court  The Court of Appeal (Criminal Division)  The Supreme Court

 About 95% of all criminal cases in England and Wales are tried in the Magistrates’ Courts, which deal with summary offences (less serious ones)  In certain circumstances, the court may commit an accused person to the Crown Court for more severe punishment

 One stipendiary magistrate (full-time paid magistrate who has qualified as a lawyer) or three lay magistrates (unpaid, established members of the community)  Decide without a jury

 Formerly called assizes and quarter sessions  Deals with indictable offences (more serious ones)  A jury of twelve people decides whether the defendant is guilty of the crime he or she is charged with

 From the Crown Court, appeal against conviction or sentence goes to the Criminal Division of the Court of Appeal

 The state v. the defendant  The state acts as the prosecutor  Judgment is passed in the name of society

 The state prosecutes those charged with a crime and may apprehend suspects and detain them in custody  If the police decide that an offender should be prosecuted, a file on the case is sent to the Crown Prosecuting Service (CPS)

 The CPS must consider whether there is enough evidence for a realistic prospect of conviction, and if so, whether the public interest requires a prosecution  Criminal proceedings can be initiated either by the serving of a summons or, in more serious cases, by a warrant of arrest issued by a Magistrates’ Court

 The prosecution must prove beyond reasonable doubt that the accused committed a guilty act with a guilty intent  If the accused person lacks the mental capacity to form a criminal intent, he or she cannot be held responsible for the action

 The English system of justice is adversarial (each side collects and presents their own evidence and attacks their opponent’s by cross-examination).  In a criminal trial, the burden of proof is on the prosecution to prove beyond reasonable doubt that the accused is guilty

 Appeal – priziv  Summary offence – lakše kazneno djelo  Indictable offence – teže kazneno djelo  Custody - pritvor  Conviction – osuda  Warrant of arrest – uhidbeni nalog  Summons – poziv na sud  Adversarial system – akuzatorni sustav  Burden of proof – teret dokazivanja krivnje