Unit 23
Unit 23 – Aspects of the legal system and law-making process
Hierarchy of English courts * Criminal and Civil law hierarchy *
Types of cases
There are two types of cases that are dealt with in court which are criminal and civil. Criminal cases are cases that involve an individual breaking a law of the land and result with a jail sentence or community service. For example murder, rape and ABH. Civil cases are cases that involve disputes between people and usually end with a settlement of money. For example family disputes, contract breach and inheritance disputes. * Courts of the first instance * Theses are the Courts that all cases have to start off in. For criminal cases it would be the Magistrates Court where they would be bailed with strict bail conditions or left in custody. For civil cases the court of first instance is the Small Claims Court for under £5,000 being claimed, County Court for under £25,000 or Court of Appeal for £25,000+.
Criminal Court structure * Criminal law hierarchy *
Magistrate’s Court
This court deals with mainly criminal cases but rarely civil cases. All criminal cases start off in the Magistrates’ Court and are heard by either lay magistrates or district judges. District judges are legally trained but lay magistrates are not, they do however have to be assisted by a legally trained clerk. Magistrate Courts will only hear cases that have happened in their area and can only administer punishment of up to £5,000 or 6 months imprisonment. If the crime requires more than what the magistrate can administer than the case will be passed on to the Crown Court. Jury can also move up the case to the Crown Court if the defendant asks for trial.
Youth Court
The youth court is part of the Magistrates’ Court but only deals with cases where the defendant is between the ages of 10 and 17. If the case is serious enough that the defendant would receive 14 or more years then the case will move up to be heard in the
Hierarchy of English courts * Criminal and Civil law hierarchy *
Types of cases
There are two types of cases that are dealt with in court which are criminal and civil. Criminal cases are cases that involve an individual breaking a law of the land and result with a jail sentence or community service. For example murder, rape and ABH. Civil cases are cases that involve disputes between people and usually end with a settlement of money. For example family disputes, contract breach and inheritance disputes. * Courts of the first instance * Theses are the Courts that all cases have to start off in. For criminal cases it would be the Magistrates Court where they would be bailed with strict bail conditions or left in custody. For civil cases the court of first instance is the Small Claims Court for under £5,000 being claimed, County Court for under £25,000 or Court of Appeal for £25,000+.
Criminal Court structure * Criminal law hierarchy *
Magistrate’s Court
This court deals with mainly criminal cases but rarely civil cases. All criminal cases start off in the Magistrates’ Court and are heard by either lay magistrates or district judges. District judges are legally trained but lay magistrates are not, they do however have to be assisted by a legally trained clerk. Magistrate Courts will only hear cases that have happened in their area and can only administer punishment of up to £5,000 or 6 months imprisonment. If the crime requires more than what the magistrate can administer than the case will be passed on to the Crown Court. Jury can also move up the case to the Crown Court if the defendant asks for trial.
Youth Court
The youth court is part of the Magistrates’ Court but only deals with cases where the defendant is between the ages of 10 and 17. If the case is serious enough that the defendant would receive 14 or more years then the case will move up to be heard in the