• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Court Structure

Extracts from this document...

Introduction

Court Structure Criminal Courts Criminal courts are those where the defendant is tried for committing a crime against the state. In the legal system the criminal courts are considered below the civil courts, at the lower end of the hierarchy. Different courts have different jurisdiction. The term jurisdiction means the power of the court to settle disputes. Courts of first instance only have the power to try a case for the first time, for example the Magistrates Court, whereas courts of appeal or appellate courts only have the power to hear appeal cases. Some courts, like the High Court, have a dual function and are able to do both. In the Magistrates court the trial is usually heard by three lay Magistrates or one District Judge, but there is no jury. Magistrates may not impose a sentence heavier that six months imprisonment (or 12 months of two or more offences tried together) and/or a fine of �5000. In exceptional cases the maximum fine is raised to �20 000. If the court feels that the defendant deserves a heavier sentence than they can impose they are able to commit the defendant to the Crown Court. The Magistrates Court may also act as a Youth Court. The Crown court was established by the Courts Act 1971. It is arranged in regions and within each region there are different centres for hearing cases. Theses centres fall into three classes: 1. First-tier centres. These are staffed by High Court and Circuit Judges, and hear all types of criminal cases. Some High Court civil work is also carried out in these centres. 2. Second-tier centres. Staffed by High Court and circuit Judges, and hear only criminal cases. ...read more.

Middle

All other claims may be issued in either court, although if the claim is of a high value, complexity or general importance then it should be started in the High Court. Once a claim becomes defended, it will be allocated by the court to one of three tracks: * The small claims track for claims up to �5000, or �1000 for a personal injury claim. * The fast track for claims not exceeding �15 000 and which are not otherwise allocated to the small claims track. * The multi track for all other claims. The High Court is a court of first instant for civil cases. It has three divisions, each with a president and a number of High Court Judges. Cases in the High Court are heard by a single judge sitting alone, although there is occasionally a jury of 12 in the Queen's Bench Division for certain types of case. The divisions of the High Court are as follows: 1. Queens Bench Division. It hears cases in tort and contract and the recovery of land. Cases are usually heard by a single judge unless it is a case to do with the person's reputation when they will be tried by jury. There are presently 70 judges of the Division. In London the judges are assisted by nine Masters of the Queens Bench Division, and in the provinces by District Judges. The Division includes some specialist courts such as the Admiralty Court and the Commercial Court. 2. Chancery Division. The Chancery Division is headed by the Chancellor. It hears mainly cases involving finance and property such as trusts, mortgages, administration of estates, companies, taxation and patents. ...read more.

Conclusion

7. The powers of the Council on Tribunals are too limited. The Court of First Instance The Court of First Instance is an EU court and was established in 1989 to reduce the very large workload of the ECJ. One judge from each Member sate sits in the CFI. The jurisdiction of the CFI includes: 1. disputes between the EU institutions and their officials and staff 2. actions brought against the Commission by businesses 3. actions brought against the EU institutions by individuals or businesses 4. restricted power to implement the EU competition rules, including related matters such as levies, production, prices, subsidies and agreements. The European Court of Justice Art 220 EC Treaty states that the ECJ's purpose is to ensure that the implementation and application of this Treaty the law is observed. Like the Court of First Instance the ECJ consists of one judge from each member state, serving for a renewable six year term. They are assisted by eight Advocates General, who are independent, and whose purpose is to advise them. The ECJ has two types of jurisdiction: 1. Direct actions against Member States for failing to fulfil their obligations under EC law. 2. Preliminary rulings, in which any court or tribunal in any Member State may ask the ECJ, under Art 234 EC Treaty, for a ruling on a question of interpretation or validity of a point of EC law that is necessary in order for it properly to determine a case before it. The European Court of Human Rights. The ECtHR hears cases concerning breaches of the European Convention of Human Rights, which was signed in 1951 by a number of European countries, including the UK. ?? ?? ?? ?? Vicky White ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Marked by a teacher

    Describing the Rules and Aids to Statute interpretation. Including Advantages and Disadvantages.

    4 star(s)

    Secondly the Literal Rule ignores the limitations of language and assumes the Parliamentary draftsmen and perfect and precise in the many meanings of words. Finally judges have tended to excessively emphasise the literal meanings of a statute without examining and scrutinising the meanings in a wider context.

  2. Marked by a teacher

    Non-fatal Offences?

    3 star(s)

    Accompanying this, the hierarchy of the offences in terms of seriousness can also be severely criticized. This is because firstly while assault and battery can only be punished with a maximum sentence of 'six months imprisonment', ABH s47 can be punished by 'five years'.

  1. Describe the routes of appeal for the defence from both the Magistrates Court and ...

    An appeal against sentence is a rehearing of the sentencing process only. There is no further appeal unless a point of law is involved. If the defendant decides to appeal from the Crown Court against conviction and/or sentence it will go to the Court of Appeal.

  2. Outline the rights of a defendant to legal representation and bail

    Some solicitors may charge a small fee, or not offer this service at all. Law centres offer legal advice to people in great need, for example if their income is low. Law centres deal mainly with claims related to welfare, discrimination, housing and employment matters, and are usually very accessible and offer suitable opening hours where possible.

  1. The European Court of Justice ensures that European law is applied throughout the member ...

    The Commission usually gives the member state the opportunity to pit things right before bringing the case to the ECJ. The second role which is the supervisory derives from Article 267 of the Treaty on the functioning of the European Union; Article 267 provides that any court or tribunal in

  2. Disputes - Is ADR always more appropriate or does attending court sometimes providing a ...

    for aAttending court is still always higher than ADR. Mostly related to the cost of employing a legal expertise such as barrister, since High Court litigation is not for the inexperienced. Although the most expensive method of ADR Is is seemed to be arbitration, where lawyers are sometimes used, it is still cheaper than a court case.

  1. Explain the role of the CCRC (Criminal Cases Review Commission)

    but there is only one commissioner if it is being turned down and 3 commissioners if it is going to the court of appeal. The Criminal Cases Review Commission was set up by the previous government to investigate possible miscarriages or justice.

  2. Why was the Crown Prosecution Service (CPS) created?

    The Government by 1997 they commissioned Sir Iain Glidwell to assess the CPS and to identify any problems that had obviously sparked criticisms. One year later Glidwell published his report, which had 70 recommendations. Most of his recommendation was mostly about the CPS internal workings however some recommendations were on

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work