Introduction to Law + Reporting the Courts

There are two types of law - criminal law and civil law. Civil law is a branch of law dealing with disputes between individuals and organisations. If you were sued for defaming a person or organisation, it would be a civil case. Criminal law is enforced by the government, and criminalises behaviour which is seen as wrong or damaging to individuals or to society. In criminal law each person is innocent until proven guilty, and for their guilt to be proven, the evidence has to show that their guilt is 'beyond reasonable doubt'. This is much harsher than the standard of evidence required in a civil court: 'on the balance of probability'.

The Courts -

Tribunals:

Deal with appeals from decisions on immigration, social security, child support, pensions, tax and lands.

Magistrates Court:

The magistrates court two or more magistrates or a district judge sit on the bench, presiding over the court. The magistrates or district judge is advised by a professional legal advisor or by a clerk to the justices. Magistrates tend to require more advise as they are not legally trained.

A magistrates court deals with summary offences, committals to the Crown court, family proceedings and youth cases. Generally these are minor offences (fines up to £5,000 and imprisonment up to 12 months).

Crown Court -

The Crown court sees indictable criminal offences (trial which can go either way), appeals from magistrates courts, and sentencing. Trials are heard by a judge and 12 jury members. The Crown court deals with more serious criminal cases such as murder, rape and robbery.

County Courts -

County courts are also referred to as the small claims court and deals with civil cases.

High Court -

The High Court deals with both civil and criminal case. It is split into three divisions - Queen's Bench, Family and Chancery. Each division doesn't have it's own court, however each have their own procedures and practices. Decisions made by High Court judges can be disregarded by other High Court judges, although this happens rarely due to a tradition of unanimity.

Court of Appeal -

The Court of Appeal has separate divisions for criminal and civil. The criminal division hears appeals from the Crown Court and the civil division hears appeals from the High Court as well as tribunals and certain cases from the county courts.

Supreme Court -

The House of Lords was renamed the Supreme Court in October 2009. The Supreme court is binding of all other courts in England and Wales, and can retract earlier decisions, if it is justified.

A diagram of the hierarchy of the courts system can be seen below:

Sources of Law -

Custom -

Custom law is referred to as 'common' law. This law applies to the whole of England and Wales. In the Middle Ages, when the English legal system began, judges were appointed the 'law and custom of the realm'.

Precedent -

Decisions made by judges are recorded by lawyers. Higher courts have the ability to appeal decisions made in lower courts, and the decisions made in higher courts are binding. These decisions made become precedent for cases that follow, and build upon the common law that already exists.

Statutes -

Statute law is acts passed by Parliament. These laws are drafted and approved by politicians in the House of Commons and the House of Lords. Strict liability follows from statutory law. It is not necessary to prove intention in these cases.

Reporting the Courts -