C OUNTY C OURT

The County Court has original jurisdiction in criminal and civil matters. The court is also able to hear appeals from the Magistrates’ Court in criminal matters relating to the conviction or the sentence. A judge presides over the County Court. Juries may be used in both civil and criminal matters. Civil proceedings The court’s original civil jurisdiction is extensive. It has an unlimited jurisdiction to hear civil claims. Civil juries of six members can be used, but only if requested by the plaintiff (person bringing the case) or defendant (person against whom the case is brought). The jury will decide on the facts, and will decide in favour of either the plaintiff or the defendent.

C OUNTY C OURT Criminal cases The County Court has original jurisdiction to hear most indictable offences, such as armed robbery and rape. Criminal juries made up of 12 people are used in all indictable offences where the accused pleads not guilty. Jury listens to the facts and decides whether the accused is guilty or not guilty. The judge instructs the jury of the relevant law, sums up the evidence to the jury, and sentences the accused if he or she has been found guilty.

C OUNTY C OURT A PPEALS An appeal against the decision of a judge in the County Court can be heard by the Supreme Court or Court of Appeal. Civil appeals In civil matters, the appeal can be heard on the following grounds: ● a point of law ● a decision as to the facts ● the amount of damages awarded. Criminal appeals An appeal against the decision of a judge in the County Court in a criminal matter can be heard on the following grounds: ● a point of law ● against conviction on a question of fact ● against the severity or leniency of the sentence If an appeal against a conviction is successful, the case is dismissed. If an appeal against a penalty is successful, the penalty may be reduced. If the appeal against the penalty is not successful, the penalty may stay the same or be increased.

Q UESTION T IME Complete questions 1-3 and question 5 p274.