1.   Three Judicial Systems  England and Wales  Scotland  Northern Ireland  The Law  Criminal- Actions against the law and punishable  Civil-

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Presentation transcript:

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  Three Judicial Systems  England and Wales  Scotland  Northern Ireland  The Law  Criminal- Actions against the law and punishable  Civil- Monetary disputes between individuals or companies.  Dual- Both involved, a car crash where monetary and legal issues arise as an example The Courts 2

  Highest Court>  Senior Courts>  Subordinate Courts> Structure 3

  County Courts or High Courts  Original Jurisdiction  Neighbor disputes, Contracts, Divorce or personal injury cases are examples  Court of Appeal in London  Appeal on a point of law  Supreme Court  Highest Court in England Civil Court 4

  Breaches of the Law  Shoplifting to murder  Police action  Crown Prosecution Service  Minor Cases  Magistrates Courts  Major Cases  Crown Court  Also hears appeals from Magistrates Courts Criminal Law 5

  One and a half million cases yearly  Barristers try the case  Four Regions  31 areas  Each with a Chief Crown Prosecutor *Special Cases such as terrorism, race relations, and breaches of the Official Secrets Act handled in London. The Crown Prosecution Service 6

  Four Sentences 1.Discharge: without conditions or conditional on further criminal activity 2.Monetary sentence 3.Custodial sentence (prison) 4.Community sentence  Appeals on points of law  Scotland: Scottish Court of Criminal Appeal Sentencing and Appeals 7

  Magistrates Courts  Majority of cases here  Lay Magistrates, Justices of the Peace (unpaid)  Two or more must be present  Larger areas, District Judges (paid)  No jury  6 month maximum sentence  Civil jurisdiction for minor cases The Courts 8

  Youth Courts  Children  Young people  Up to three Magistrates sit  At least one man and one woman  Youth Offending Team issues a report The Courts 9

  Children  Parent must be present  Parent must pay monetary orders  Parenting orders imposed:  Counseling for parents  Exercise control child  Young People  With an adult heard in Magistrates Court  Parents may be held accountable Youth Court continued 10

  Crown Court  High Court Judge or Circuit Judge presides  Lord Chancellor determines site  In London: Central Criminal Court  “Old Bailey”  Contested trials  Jury present  Appeals from Magistrate  Judge plus 2-4 Justice of the Peace The Courts 11

  Circuit Judge  Barrister for 10 years  Or Recorders for 3 years  Recorder  Part time Judge  Barrister or Solicitor for 10 years *Also hears appeals from the Magistrate Court Crown Court continued 12

  Most Civil Cases heard here  County Courts Act 1984  218 set up  One or more circuit judges  One or more district judges  Appointments  Judicial Appointments Commission County Courts 13

  High Court and County Courts Jurisdiction Order 1991  Personal injury cases up to 50,000 pounds Other cases heard  Debt or damages  Landlord and tenant disputes  Divorce  Consumer credit agreements County Courts continued 14

  Simple procedures up to 5,000 pounds  No professional assistance needed  Trials of claims up to 15,000 pounds  May commit a person up to 2 years  May fine up to 5,000 pounds for contempt or misbehavior County Courts continued 15

  Three divisions 1.Queen’s Bench Division  Claims for damages, breach of contracts, defamation and wrongful arrest 2.Chancery Division  Trusts, injunctions, property, company and bankruptcy matters 3.Family Division  Marriage, wardship, adoption, child abduction (International) The High Court 16

  Civil and Criminal Appellate Courts  Appeals from the three High Courts and Crown Court and lower Courts  28 Lords Justices (judges)  From here appeals to the Supreme Court The Court of Appeal 17

  Constitutional Reform Act 2005  Forms the Supreme Court  1 October 2009, first session  Separate Branch  House of Lords were the Highest Court  11 Justices  Original Lord Justices the first Court  No voting rights anymore in the House of Lords The Supreme Court 18

  England and Wales  Civil and Criminal Courts of Appeal  The High Court (limited)  Scotland  The Court of Session (Very Rare)  Northern Ireland  Court of Appeal in Northern Ireland  The High Court of Northern Ireland Road to the Supreme Court 19

  Coroners’ Courts  Independent Judicial Officer  All suspicious deaths  Does not apportion blame  Administrative Tribunals  Conflicts with a citizen and government department  Some are formal rules, others less formal  Large city versus smaller townships Special Courts 20