Functions, Jurisfiction & Powers of The Courts & Tribunals

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  • Created by: Blodwyn
  • Created on: 06-08-17 14:43
Where are Criminal Cases heard initially?
Magistrates Court
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Where may Criminal Cases be referred to if they are not dealt with in the Magistrates Court?
Crown Court
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Explain the function of the Magistrates Court
To hear and sentence for the less serious offences. They also hold preliminary examinations into other offences to establish whether the prosecution can show a prima facie (at first sight) case. As a result, the accused may be committed for trial.
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Explain the function of the Crown Court
To deal with serious charges & appeals from Magistrates Court
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Explain the structure of the Criminal Courts, hint (5 courts)
Magistrates Court, Crown Court, High Court (QBD), Court of Appeal (Criminal), Supreme Court
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Detail the Avenues of Appeal process in Criminal Courts
Magistrates Court to either Crown Court or The High Court (QBD). Crown Court to either High Court (QBD) or Court of Appeal. High Court (QBD) or Court of Appeal to Supreme Court.
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Detail the Committals / Sentencing process in Criminal Courts
Magistrates Court to Crown Court
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Where are Civil Matters usually handled?
County Courts or by the High Court.
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Detail the 3 divisions of The High Court
High Court (Queens Bench Division), Chancery & Family
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Explain the function of The High Court (Queens Bench Division) in Civil Matters
Contracts & Torts
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Explain the function of The Chancery in relation to Civil Matters
Land, Wills, Partnerships, Companies etc.
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Define the meaning of 'tort'
In English Law, a Tort is a civil wrong. Examples include defamation, nuisance and trespass
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Outline the structure of the Civil Court System
County Court or Employment Tribunal, High Court (QBD), Employment Appeal Tribunal, Court of Appeal (Civil), Supreme Court
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Explain the purpose of Employment Tribunals
Deal mainly with unfair dismissals and redundancy payment claims. Employment Tribunals also have the power to hear matters relating to sex discrimination, race relations, trade unions, equal pay, employment protection & some areas of H&S
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Who hears cases in Magistrates Courts
Three lay magistrates or by a district judge who is a legally qualified professional judge. Each Magistrates Court has a legally qualified clerk who advises lay magistrates on points of law.
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List the three types of offences that can be dealt with in Magistrates Courts
Summary Offences, Indictable Offences & Triable Either Way
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Define the term 'Summary Offences'
These can only be dealt with by a court of summary jurisdiction i.e. a magistrates court. Minor offences such as drunkeness, road traffic offences etc.
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Define the term 'Indictable Offences'
Results in a formal document being drawn up. Magistrates decide whether sufficient evidence exits to commit the accused to the Crown Court for Trial. Magistrates therefore carry out committal proceedings. Magistrates act as courts of investigation.
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Define the term 'Triable Either Way' offences
Depending on the option exercised by the accused and the gravity of the offence. Most H&S offences fall into this category.
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Who hears crown court cases?
Crown Court cases are heard by a judge & jury (12 members of the public)
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Explain Class 1 offences as it relates to the Crown Court
The most serious offences i.e. murder must be tried by a High Court Judge
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Explain Class 2 offences as it relates to the Crown Court
I.e. manslaughter, must also be tried by a High Court Judge, unless the presiding judges release any particular cases to be tried before a circuit judge or recorder.
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Explain Class 3 offences as it relates to the Crown Court
All other offences which must be tried on indictment. These may be listed for trial by a High Court Judge or by a circuit judge or recorder.
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Explain Class 4 offences as it relates to the Crown Court
All offences which may be tried on indictment or summarily, those which are both indictable and summary, those which carry more than 3 months imprisonment on summary conviction and certain specified offences i.e. burglary
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List the three divisions of The High Court of Justice
The Family Division, The Chancery Division & The Queens Bench Division
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List the two divisions of the Court of Appeal
Criminal Division & Civil Division
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Explain the purpose of the criminal division in the court of appeal
This deals with appeals against sentences and convictions for offences dealt with at Crown Court. Permission to appeal is not always an automatic right.
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Explain the purpose of the civil division in the court of appeal
This deals with appeals from the high court of justice & the county courts. The civil division cannot deal with criminal matters. It hears appeals from judgements or orders of the high court, appeals from the country court & certain other appeals.
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Who can begin proceedings for any offence under HSWA?
HSE Inspector
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List the 3 ways that offences under the HSWA can be prosecuted
Triable Only Summarily - Magistrates Court, Triable only on Indictment - Crown Court, Triable Either Way - Magistrates or Crown Court
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List the 3 factors that determine whether a triable on indictment offence case is dealt with by the Magistrates Court or Crown Court
Gravity of the offence, Complexity of the case, Degree of punishment involved
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List the 3 factors that determine whether a triable either way offence is to be dealt with in the Magistrates Court or Crown Court
Magistrates may feel that the offence merits a heavier penalty than they can impose & therefore send the case to the crown court for trial, Prosecution may ask for trial on indictment, Accused may elect for a trial by jury
32 of 50
Explain the format of an Employment Tribunal
Made up of a legally qualified chairperson, and two lay members drawn from a panel of people with experience in industry, Business, Industrial Relations and so on. Wherever possible, the lay members will be representative of both employers & employee
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List 5 functions of an Employment Tribunal as it relates to H&S
Time off for training of safety reps, Failure to pay reps for time off for carrying out their training, Failure of an employer to make medical suspension payment, Dismissal following breach of H&S Law or contract, appeals against notices
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List the 3 types of hearing in an employment tribunal
Case Management Discussions, Pre-Hearing Review & Final Hearing
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Explain the purpose of Case Management Discussions
Used to clarify issues, make orders for document disclosure, witnesses etc.
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Explain the purpose of Pre-Hearing Review
Can be used to weed out weak claims (lack of evidence & witnesses). It may help to discover if the matter can be resolved between the parties or if a case does need a full tribunal to decide.
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Explain the purpose of a Final Hearing
This is when the judgement is given
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Outline the common procedure for a final hearing in an unfair dismissal case
The respondent gives evidence and calls witnesses first
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Outline the common procedure for a final hearing in a discrimination case
The Claimant gives evidence and calls witnesses first
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List the two unwritten laws of common law which a tribunal must follow
The Rule Against Bias & Audi Alteram Partem
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Define the meaning of The Rule Against Bias
No man may be a judge in his own cause
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Define the meaning of Audi Alteram Partem
You must always hear the other side
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List the 2 possible reasons for appeal in Criminal Cases
Against Conviction & Against Sentence
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Explain the meaning of 'Against Conviction' as a reason of appeal in a criminal case
The argument is that the court was wrong to convict. Appeals are heard by the court of appeal for crown court convictions or by a crown court for magistrates conviction.
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Explain the 3 reasons someone may decide to appeal against conviction
The evidence was insufficient, Procedural failing (Judge misdirected the jury), A point of law (the law was wrongly interpreted by the court)
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Explain the meaning of 'Against Sentence' as a reason for appeal in a criminal case
The argument is that the penalty awarded was too onerous. Such appeals are heard by the court of appeal.
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List the 2 possible reasons for appeal in Civil Cases
Against the result & Against the damages
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Explain the meaning of 'Against the result' as a reason for appeal in a civil case
The losing party appeals to the higher court on the basis the evidence was insufficient or the law was interpreted incorrectly
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In criminal cases, what is the timescale for making an appeal from the date of conviction
Appeals have to be made within 28 days of conviction
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Other cards in this set

Card 2

Front

Where may Criminal Cases be referred to if they are not dealt with in the Magistrates Court?

Back

Crown Court

Card 3

Front

Explain the function of the Magistrates Court

Back

Preview of the front of card 3

Card 4

Front

Explain the function of the Crown Court

Back

Preview of the front of card 4

Card 5

Front

Explain the structure of the Criminal Courts, hint (5 courts)

Back

Preview of the front of card 5
View more cards

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