UK Legal Systems: Courts, Tribunals, and Civil Justice

Court Jurisdictions County Court Jurisdiction ​ Civil claims up to £100,000 ​ Includes tort (negligence), contract, debt, probate, company insolvency, and individual bankruptcy cases ​ Small claims track for contract and tort cases up to £10,000 (or £1,000 for personal injury)...

Court Jurisdictions County Court Jurisdiction ​ Civil claims up to £100,000 ​ Includes tort (negligence), contract, debt, probate, company insolvency, and individual bankruptcy cases ​ Small claims track for contract and tort cases up to £10,000 (or £1,000 for personal injury) ​ Some fast track cases ​ District and Circuit judges preside High Court Jurisdiction ​ Trial court for cases exceeding £100,000 or with significant legal complexity Divisions: ​ Family Division: Handles sensitive family matters (welfare of children, wardship, forced marriages, FGM); usually private hearings ​ Chancery Division: Handles business, property, land, trust, probate, and company insolvency disputes ​ King's Bench Division: Handles contract and tort cases in Intermediate or Multi tracks; hears judicial review and habeas corpus applications Appellate Courts: ​ Handles appeals from County Court within their divisions ​ Divisional Court of Family Division: Hears appeals and complex cases from Family Proceedings Court and County Court ​ Divisional Court of QBD: Hears appeals in criminal cases from Magistrates Courts and Crown Courts ​ Civil Claim Initiation 1.​ Pre-Action Protocols: Compliance is expected before starting a claim, potentially including ADR attempts 2.​ N1 Claim Form: Completed with details of parties, dispute, and claim. Can be initiated online in either County or High Court, accompanied by a court fee 3.​ Service on Defendant: Court ensures the defendant receives a copy of the claim form 4.​ Defendant's Response: ​ Do nothing: Claimant can apply for judgment in default ​ Acknowledge receipt: Defendant has 14 days to file a defense ​ Admit claim: Court enters judgment for the claim ​ File defense: Court sends out an allocation questionnaire for contract and tort cases Stages of a Civil Case 1.​ Defendant's Response: Defendant indicates whether the case will be defended. Court doesn't allocate track until this indication  2.​ Allocation Questionnaire: In contract and tort cases, this questionnaire helps determine the appropriate track based on claim value and legal complexities 3.​ Allocation: A District Judge (County Court) or Master (High Court) allocates cases to the appropriate track Track System ​ A method for allocating contract and tort cases to be heard in the most appropriate court ​ Allocation is by a District Judge in the County Court or a Master in the High Court ​ Claimant completes and submits form N1 ​ Defendant has 14 days to accept or defend claim Tracks: ​ Small Claims Track: ​ Claims up to £10,000 (£1,500 for personal injury) ​ Heard in County Court by District Judge ​ No requirement for legal representation ​ Limits to witnesses and legal complexity ​ Cost-efficient for straightforward cases capable of being heard in a few hours ​ Fast Track: ​ Claims between £10,000 to £25,000 (over £1,500 for personal injury) ​ Heard by Circuit Judge in County Court ​ Strict case management to resolve within 30 weeks ​ Trials should not last more than a day with limits on witnesses and legal complexity ​ Legal representation possible, but legal funding is rare ​ Intermediate Track: ​ Claims between £25,000 to £100,000 (as of October 2023) ​ Likely heard in High Court ​ Trial should not last longer than three days ​ Expert witnesses limited to two per party per trial ​ Multi Track: ​ Claims of £25,000+ with a large number of witnesses requiring long trials ​ Heard either in County Court by Circuit Judge or High Court which High Court Judge (over £50,000) depending on value of claim and legal complexity-more likely to be High Court. Civil Case Appeal Process ​ From County Court, the appeal is heard by the next judge up in the hierarchy from the judge who initially heard the case at trial ​ District Judge (e.g., small claims cases) appeals to Circuit Judge in County Court ​ Circuit Judge (e.g., fast track cases) appeals to High Court Judge in the relevant Division of the High Court ​ Further appeal to Court of Appeal (Civil Division) requires leave from CoA on important points of law  ​ From High Court, appeal to Court of Appeal (Civil Division) ​ Further appeal to Supreme Court on a point of law of general public importance requires leave from CoA and Supreme Court ​ Leap Frog Procedure: Direct appeal from High Court to Supreme Court, bypassing CoA, for points of law of national importance; leave required from Supreme Court Civil Court System: Advantages Advantage Description Structured Procedures and Strict pre-trial procedures and pre-action protocols ensure a regulated Rules process. Legally Qualified and Case decided by a judge who is legally qualified and experienced to deal Experienced Judge with any legal issues that arise. Judge applies relevant law and procedure to manage the case and Fair Case Management ensures a fair hearing. Lawyers can advise their clients appropriately as to possible outcomes Case Precedents based on existing case precedents. Judge provides reasoned judgments that ensure a resolution to the case Reasoned Judgments without relying on compromise, resulting in a remedy (e.g., compensation). Clear Appeal Routes and Clear routes of appeal are available, and all judgments are legally Enforceability enforceable. In contract and tort cases, District Judge in County Court and Master in Appropriate Court High Court ensure cases are allocated to the most appropriate court to Allocation minimize delays. Civil Court System: Disadvantages Disadvantage Description Lack of Flexibility and Parties have no flexibility or control over case management or timings, Control with formal hearings conducted according to court procedural rules. Court Fees and Legal Court fees must be paid, and complex cases may require legal Representation Costs representation, increasing costs due to additional legal fees. Legal funding is unlikely, especially in the Small Claims Court, which can Difficulty Obtaining Legal be a barrier to obtaining justice if there's a disparity in legal representation Funding due to financial constraints. The losing party has to pay their own legal fees and the winning party's Payment of Legal Fees fees, adding to the costs. Despite reforms, delays can still occur, causing cases to take months Delays before being listed and further delaying resolution. Employment Tribunal ​ Deals with issues relating to social welfare regulations alongside the civil court system ​ Handles workplace disputes: unfair dismissal, redundancy, and discrimination ​ Claim initiation: must be within three months less one day from when the event occurred ​ Attempt at ADR required, e.g., ACAS (Advisory, Conciliation and Arbitration Service), to resolve employment issues Process: 1.​ Employer comments on the claim 2.​ Hearing date set if the employer challenges the claim, heard by an Employment Tribunal panel (specialist employment law judge, employer organization representative, employee organization representative) Outcomes:  ​ Hearings are public, but there is little publicity ​ Collective panel decision in writing ​ Employee wins: Settlement agreed between parties or tribunal awards compensation ​ Employer wins: No cost against the losing employee ​ Appeal: ​ To the tribunal itself within 14 days to review the decision ​ Further appeal to Employment Appeal Tribunal ​ Further appeal to CoA and S Ct but only with leave to appeal Employment Tribunal: Advantages Advantage Description Less Formal and Shorter Less formal than court, with short hearings, as most issues are dealt Hearings with beforehand based on documentary evidence. No Need to Pay for Legal Employees do not need to pay for legal representation, as trade unions Representation and professional bodies often provide representation. Case heard by a specialist panel with employment law knowledge who Specialist Panel provides a written judgment. Trade unions provide legal advice and funding as part of subscription in Trade Union Support many cases. No need for the losing party to pay legal costs of the other party, with No Cost to Losing Party limited right to appeal, avoiding more expenses. Unlikely to have press reporting and public in the hearings, leading to Privacy more privacy for the parties. Employment Tribunal: Disadvantages  Disadvantage Description Limited time period in which to start a claim once the event has occurred, which Limited Time Period may not be common knowledge. Legal funding is unlikely, disadvantaging employees who are not in a trade union Legal Funding or professional body if they lack the finance, as employers are usually legally Unlikely represented. More Formal than More formal than ADR but less than court if a hearing is necessary; however, ADR ACAS often works towards settlement, avoiding a hearing. Alternative Dispute Resolution (ADR) Dispute resolution by an independent third party without going to court. ​ Negotiation ​ Mediation ​ Conciliation ​ Arbitration Negotiation ​ Can happen at any stage of dispute resolution, even at the courthouse door ​ Doesn't necessarily involve a third party; parties can communicate to find a compromise ​ Written, verbal, or email methods can be used Mediation ​ A neutral third party (mediator) acts as a facilitator between parties to move them towards a compromise agreement ​ The mediator does not actively participate and does not offer ways forward unless specifically asked ​ Used for family and financial disputes ​ Parties are in control of the process, including timings of meetings, and can withdraw at any time ​ Only works if parties are willing to compromise ​ Examples: Family Mediation Council, RELATE, CEDR (Centre for Dispute Resolution) Conciliation ​ Similar to mediation, but the conciliator has a more active role, discussing issues with parties and suggesting ways forward to achieve compromise ​ Example: ACAS (Advisory, Conciliation and Arbitration Service), which deals with industrial disputes Arbitration ​ Governed by the Arbitration Act 1996 ​ Can be set up before any dispute arises; the original agreement/contract includes a Scott v Avery clause that states that any dispute will go to arbitration instead of court ​ Parties agree to let their dispute be judged by a panel/an arbitrator who is usually experienced in that area ​ Can be a paper arbitration or a formal hearing arbitration; more formal than other methods of ADR but still held in private with the parties in control of the timetable ​ Not a compromise but a judgment by the arbitrator with a final 'award' which is legally enforceable through the courts and can only be challenged if there is serious irregularity in the proceedings ADR: Advantages Advantage Description Less Formal and All ADR methods are less formal than court and are conducted in private, Private avoiding publicity. No Strict Rules No strict rules on disclosure of evidence and witnesses. Negotiation, mediation, and conciliation work on compromise between parties, Compromise-Based not adversarial like court. Negotiation, mediation, and conciliation have no outright winner or loser, Less Bad Feelings resulting in fewer bad feelings. Parties are more likely to work together after the process in negotiation, Improved Working mediation, and conciliation, as they work together through the process to achieve Relationships resolution with fewer bad feelings and no publicity.  All ADR methods do not require legal representation or court fees, reducing Reduced Costs costs. Quicker and less inconvenience as the schedule can be controlled by parties Quicker and More who decide which independent third party to appoint and the timetable, providing Convenient flexibility for parties as they are in control and minimizing delays. In arbitration, professional arbitrators are qualified and experienced and are able Qualified Arbitrators to deal with any technical or specialized areas of expertise, especially as technical experts can be appointed as arbitrators. In arbitration, the award is legally enforceable and is a final and legally binding Enforceable Awards decision. ADR: Disadvantages Disadvantage Description Negotiation, mediation, and conciliation only work if both parties are willing to Compromise Required compromise. Parties can decide to withdraw or refuse to compromise, requiring the issue to Withdrawal Option be decided by a court and increasing costs. The amount of compensation in negotiation, mediation, and conciliation will be Lower Compensation lower than that likely to be awarded by a court. Non-Legally Qualified If an independent third party is not legally qualified, it may cause delay and Third Party necessitate the case being taken to court to resolve complex legal points.  No legal funding is available for any form of ADR, hindering justice if one party No Legal Funding lacks the financial ability to pay for representation when the other party does. Negotiation, mediation, and conciliation resolutions may not be legally Non-Enforceable enforceable through the courts and have no appeal routes; however, as they Resolutions are reached by compromise, there should be acceptance of the compensation. Arbitration is more formal and costly than other forms of ADR and can end up Costly Arbitration being as expensive as going through the courts, especially if professional arbitrators are used. Magistrates' Court Jurisdiction Criminal ​ Preliminary matters: issuing search and arrest warrants, extending custody time limits ​ Hear, try, and sentence all summary-only offences ​ First hearings for all indictable-only offences: dealing with bail and legal funding applications ​ Hear, try, and sentence any triable either-way offences where magistrates have accepted jurisdiction and the defendant has elected summary trial ​ Hear, try, and sentence young offenders (10-17 years old) in the Youth Court ​ Presided over by lay magistrates and District Judges ​ Sentencing powers in adult court: custody up to 6 months for 1 offense or maximum of 12 months for 2 or more offenses Crown Court Jurisdiction Trial ​ All indictable-only offences: first hearing will be the Plea and Trial Preparation Hearing ​ Any triable either-way (TEW) offences sent to Crown Court as being too serious for Magistrates' Court ​ Judge is arbiter of law: decides on legal rulings on evidence, directs jury on elements of law, manages the court during proceedings ​ Judge sits alone when deciding preliminary matters involving law but sits with a jury who are arbiters of fact (decide verdict) in trials ​ Judge decides on sentence ​ Sentencing powers: maximum for that particular offense as provided in the Act Appeal  ​ Cases on appeal from Magistrates Court with a Judge and 2 lay magistrates Categories of Offences Offence Category Description Court Example Driving offences, Least serious offences, divided into Summary Magistrates Common assault, Theft levels with maximum sentences for each Offences Court (shoplifting) less than level (mainly fines) £200 Mid-range offences triable in either Magistrates Assault occasioning Triable Either Magistrates Court or Crown Court; Plea Court or Crown actual bodily harm, Way Before Venue (PBV) and Mode of Trial Court theft over £200 procedures apply Indictable Most serious offences Crown Court Rape, murder, robbery Offences Pre-Trial Procedures Offence Category Procedure Plea before venue * Defendant is asked for plea. If pleads guilty Magistrates Court will hear about facts and details affecting sentence. If feels insufficient powers to sentence can send to Crown Court for sentence * If pleads not guilty Mode of trial procedure - Triable magistrates are told about facts of case and must decide based on guidelines and Either-Way consider nature and seriousness of offence, their powers of sentencing and any representations by prosecution and defence - whether to accept jurisdiction or not. * If they decline jurisdiction D will be sent to Crown Court for PTPH. * If they accept jurisdiction the D has right to elect either Crown Court or Magistrates Court trial  * Early first hearing in Magistrates' Court * - D is identified and charge read out and preliminary matters like bail/custody in remand and legal aid applications are dealt with * D is then sent to Crown Court for a Plea and Trial Preparation Hearing (PTPH) when the indictment will be read out and D's plea taken * In Crown Court if plea is Guilty judge can sentence but likely to adjourn for pre-sentence reports as custody will be likely for indictable offences * In Crown Court if plea is Not Guilty will set down for trial - in Indictable meantime there will certain procedural rules which will have to be complied with by both Offences prosecution and defence - disclosure of evidence by prosecution and this has to be reviewed based on the Defence Statement (which sets out the nature of the defence including any witnesses or alibi, any facts in contention, any legal authorities to be argued) to ensure that the prosecution has disclosed all evidence particularly any evidence which may undermine the prosecution case (and therefore assist the defence case) * First hearing in Magistrates' Court - D is identified and charge read out - plea taken * If Summary plea is Guilty M Ct can sentence or adjourn for pre-sentence reports if they are Offences considering a custodial sentence * If plea is Not Guilty M Ct will set a date for trial * Deal with bail Appeals Route from Magistrates' Court ​ Defendant: Automatic appeal on conviction and/or sentence to Crown Court ​ Appeal is a rehearing of the trial if the appeal is on conviction ​ Crown Court can confirm or vary the conviction and/or sentence ​ Defendant & Prosecution: Appeal by way of case stated to QBD ​ Magistrates state their findings of fact and their decision ​ QBD decides if magistrates made a mistake about the law and can confirm, vary, or reverse the decision or send the case back to M Ct for magistrates to implement the law correctly ​ Can be further appealed to Supreme Court but only on a point of law of general public importance Appeals Route from Crown Court ​ Defendant: Appeal on conviction and/or sentence to Court of Appeal (Criminal Division) ​ Requires leave to appeal from Court of Appeal ​ Court of Appeal can quash conviction if it is unsafe (no fair trial) ​ New evidence can be introduced if capable of belief and admissible at trial, and if reason why it was not produced at trial.  ​ CoA can confirm the conviction by dismissing the appeal, vary the conviction to a lesser offense, order a retrial in front of a new jury, decrease but not increase any sentence ​ Further appealed to Supreme Court on a point of law of general public importance Prosecution Routes of Appeal ​ Appeal on acquittal against 'double jeopardy' rule ​ New and compelling evidence exists, and it is in the public interest for the defendant to be retried ​ Appeal to CoA Crim Div; the appeal application has to be authorized by the Attorney-General ​ Appeal on acquittal in a case involving 'jury nobbling' ​ Where one or more jurors were threatened or bribed ​ Appeal to High Court QBD Administrative Court; if successful, a retrial is ordered Aims of Sentencing ​ s142 Criminal Justice Act 2003 Punishmentofoffenders−elementofrevengebutsentenceshouldshowparityandfi tsthecrime Reduction Of Crime−individual and general deterrence Reform And Rehabilitation Of Offenders−to alter D′s behaviour to stop reoffending i.e.community orders Protection of the public−taking away freedom to commit offences by using custodial sentences or some Sentencing and Community Orders Factors in Sentencing When determining a sentence, courts consider aggravating and mitigating factors. Aggravating factors include: ​ Previous convictions ​ Vulnerability of the victim ​ Pre-planning of the offense ​ Serious injury caused ​ High value of property taken  ​ Defendant being on bail at the time of the offense ​ Racially or religiously aggravated offenses Mitigating factors include: ​ Remorse ​ No previous convictions ​ Opportunistic crime ​ Minor role played in the offense Information is gathered from previous convictions, pre-sentence reports, and medical/psychiatric reports. Reduction for Guilty Plea Defendants receive a reduction in their sentence for pleading guilty: ​ 10% reduction if pleading at the door of the court/trial ​ 25% reduction if pleading after the trial date is set ​ 33% reduction if pleading at the first opportunity Types of Custodial Sentences Custodial sentences are reserved for serious offenses when other sentencing options are unsuitable, as per Section 152 of the Criminal Justice Act 2003. ​ Mandatory Life Sentence: Required for murder. The judge sets the tariff, which is the minimum number of years served before parole eligibility (minimum of 12 years). A whole life order may be issued if the defendant is deemed too dangerous for release. ​ Release from Parole: Subject to conditions like electronic tagging and restrictions on association. ​ Section 122 of the Legal Aid Sentencing and Punishment of Offenders Act 2012: Mandates a life sentence for adult offenders committing a second serious offense (e.g., manslaughter, GBH with intent, robbery). ​ Discretionary Life Sentence: The judge has the option to impose a life sentence for serious offenses. ​ Fixed-Term Sentence: For less serious offenses, the judge determines the sentence based on the seriousness of the offense, the defendant’s prior convictions, and any aggravating or mitigating factors. Defendants serve half of their sentence and may be released on license with conditions approved by the Parole Board. ​ Suspended Sentence: A sentence of imprisonment that is not served immediately but is suspended for a set period. If the defendant breaches the terms of suspension, the sentence is activated. The length of the sentence ranges from 14 days to 2 months, with a suspension period between 6 months and 2 years. Suitable when the offense merits custody, but there are exceptional circumstances for suspension. Community Orders Community orders are used when a judge believes the offense does not merit custody. These orders can be tailored to fit the crime and the defendant to achieve rehabilitation and reformation. ​ Requirements: ​ Unpaid work ​ Rehabilitation activity (regular meetings with a supervising officer) ​ Programme participation (educational/practical courses like anger management) ​ Prohibited activity (e.g., not associating with criminals or carrying graffiti tools) ​ Curfew ​ Exclusion (not going to certain areas) ​ Residence (living at a certain address) ​ Foreign travel prohibition (usually includes surrendering passport and travel documents) ​ Mental health treatment ​ Drug treatment and rehabilitation ​ Alcohol treatment ​ Alcohol abstinence and monitoring ​ Attendance Centre (for defendants aged 21-25) ​ Electronic monitoring (tagging) Other Types of Sentences ​ Fines: The maximum fine is set by the relevant Act, and the court considers the defendant's ability to pay. ​ Discharges: ​ Absolute Discharge: No penalty is imposed because, although an offense was committed, there was no moral fault (e.g., a small amount of cannabis for medicinal purposes). ​ Conditional Discharge: The defendant is released, but if they commit another offense within a specified period (up to 3 years), they will be re-sentenced for the original offense and the new offense. Usually used for first-time offenders of minor crimes. ​ Driving Bans ​ Compensation Orders Lay Magistrates Qualifications ​ Formal Requirements: ​ Aged between 18-65 years old on appointment, retire at 70 ​ Live or work in or near the local justice area ​ Commit to sit 26 half-day sessions a year ​ No specific educational or legal qualifications required ​ Key Character Qualities: ​ Good character (no previous convictions) ​ Understanding and communication skills  ​ Social awareness ​ Maturity and sound temperament ​ Sound judgement ​ Commitment and reliability ​ Judicial Qualities: ​ Ability to absorb factual information ​ Make reasoned decisions ​ Ability to work in a team and consider others' reasoning ​ Disqualifications/Ineligibility: ​ Serious criminal convictions ​ Undischarged bankrupts ​ Members of armed forces ​ Members of police force and traffic wardens ​ Relatives of those working in the local criminal justice system ​ Those with disabilities impacting the ability to perform the role (e.g., hearing impaired, blind) ​ Close relatives already on the Bench in that local justice area (usually allocated to a different area) Selection Process ​ Vacancies are advertised in local papers, social media, and community notices. ​ Recruitment and selection by a Local Advisory Committee (LAC) of 12 members (magistrates, ex-magistrates, and non-magistrates). ​ Applicants submit an application with 2 referees. ​ LAC selects applicants for a two-stage interview: ​ 1st Stage: Questions about personal attributes and attitudes on criminal justice issues. ​ 2nd Stage: Testing potential judicial aptitude through case studies focusing on sentencing. ​ LAC sends recommendations to the Senior Presiding Judge, who appoints on behalf of the Lord Chancellor and the Queen. Role in Criminal Cases ​ Handle mainly summary offenses and some TEW (either way) offenses where the defendant chooses to stay in the Magistrates' Court. ​ Address preliminary criminal matters, such as granting search and arrest warrants and extending custody time limits (up to 96 hours). ​ Grant legal aid and bail for defendants facing indictable offenses in first hearings before sending the case to the Crown Court for a Plea and Trial Preparation Hearing (PTPH). ​ Hear, try, and sentence all summary offenses. ​ Deal with Plea Before Venue (PBV) and Mode of Trial (MoT) hearings for TEW offenses. ​ Maximum sentence: 6 months imprisonment for one offense or 12 months concurrent for two or more offenses. ​ Unlimited fines, discharges, and community orders are within the sentencing powers of magistrates.  ​ Specially trained magistrates sit in Youth Courts, dealing with young offenders. ​ Two magistrates sit with a Judge in the Crown Court, hearing appeals from the Magistrates' Court. Jurors Qualifications According to the Juries Act 1974 (as amended): ​ Aged over 18 and under 76 ​ On the electoral roll as a registered elector ​ Ordinarily resident in the UK, Channel Islands, or Isle of Man for at least 5 years since age 13 ​ Not detained under a hospital order or a resident in a hospital under a Mental Health Order ​ Not otherwise disqualified from jury service Disqualifications ​ Permanent Disqualification: ​ Persons sentenced to imprisonment, detention, or custody for life ​ Detention at Her Majesty's Pleasure (dangerous criminals under secure hospital orders) ​ Imprisonment/detention for public protection ​ An extended sentence ​ Imprisonment/detention of 5 years or more ​ Temporary Disqualification (10 years): ​ Served a sentence of imprisonment ​ Sentenced to a suspended sentence ​ Sentenced to a community order or any other community sentence ​ Any person on bail at the time ​ Failure to disclose disqualification results in a fine of up to £5,000. Excusal From Jury Duty ​ Discretionary Excusal: ​ Anyone facing difficulties preventing them from completing jury service may be excused or defer the service to another time. This is at the discretion of the court and requires valid reasons (e.g., illness, carer responsibilities, essential workers like NHS staff, being over 70, having national exams, pre-booked travel abroad with evidence). ​ Excusals: ​ Full-time serving members of armed forces (with certificate from commanding officer stating absence would prejudice the work of the force). ​ Lawyers, police, and judiciary are no longer ineligible. The test is whether a reasonable person would perceive a real possibility of bias. Jurors must inform the court of any conflict of interest (e.g., knowing the judge or parties in the case).  ​ Jurors should be prepared to serve for 2 weeks. In trials lasting longer, they may be excused from that case but return to the waiting area for another court. Vetting Procedures ​ Routine DBS (Disclosure and Barring Service) checks: Based on police convictions to check for disqualifications. ​ Authorised wider checks: Authorised by the Attorney General, particularly in cases involving national security. Checks into the background of the juror, including any political affiliations. Selection and Appointment Process ​ Names are randomly selected by a computer system from the electoral register. ​ Jury summons are sent out. ​ Name lists are forwarded from a central summoning unit to the jury officer at the Crown Court for necessary checks. ​ Jurors must inform the court ASAP if they cannot attend and request excusal/deferment. Otherwise, they must attend at the specified time and date. ​ In court, juror identification documents are checked. ​ Jurors wait in the jury waiting area, where a Ministry of Justice (MoJ) video provides information about jury service. ​ The jury officer calls out 15 names at random. ​ The 15 go with the usher into a particular courtroom. ​ The Court Clerk calls out 12 names at random, and they enter the jury box. Challenges take place at this stage. ​ The 12 take an oath or affirm to carry out their duty and faithfully try the defendant according to the evidence presented in court. ​ The jury is now empanelled, and the trial starts. The prosecution has the right to stand by, which can only be used once. Checks/Challenges in Court ​ Both prosecution and defense can challenge. ​ Challenge to the array: A challenge to the entire jury panel, claiming they were chosen in an unrepresentative/biased way. ​ R v Fraser and R v Ford indicate that if the defendant is Black, Asian, or from a Minority Ethnic background (BAME), it is possible to challenge the array, but not if the selection process was random and the only issue was the jury's lack of multi-racial representation. ​ Challenge for cause: Removing a particular juror due to disqualification or potential bias (e.g., knowing/being related to a party in court). Role in Criminal Cases ​ Crown Court: Hears some TEW (either way) offenses where Magistrates declined jurisdiction or the defendant elects Crown Court trial. ​ Arbiters of fact: The jury listens to and considers the evidence presented at trial. ​ Based on the evidence, the jury decides whether the defendant is guilty or not guilty. ​ The judge directs the jury on the law and provides a summing-up.  ​ Sometimes, at the end of the prosecution's case, the judge may decide there is insufficient evidence and direct the jury to acquit, raised by the defense in a "No case to answer" submission. ​ The jury retires to the jury room to discuss and vote after speeches and the judge's summing up. They must not use the internet or other communication devices to find other information. Access to mobile phones, laptops, and tablets may be restricted. ​ Jurors are warned not to discuss the case with anyone not within the jury, maintaining jury secrecy. ​ The jury foreman delivers the jury's verdict (guilty or not guilty) after deliberation, usually a unanimous verdict. Majority Verdicts ​ Unanimous verdict: All 12 jurors must agree. ​ If the jury cannot reach a unanimous verdict, the judge can give a "majority verdict direction," allowing for 10:2 or 11:1 verdicts. ​ The jury foreman must announce the ratio in open court. ​ If the jury number falls below 12, the majority verdict can only have 1 member disagreeing. ​ If there are 9 members, the verdict must be unanimous. ​ The jury does not have to justify their verdict, and jury room discussions are secret. The judge cannot unduly influence the jury (Bushell's case). Advantages of Using Juries ​ Dating back to the Magna Carta, it is a symbol of democracy, providing public confidence in the legal system. ​ Provides impartiality, fairness, and justice. ​ Jury equity allows the jury to ignore the strict letter of the law and Judges' directions and use common sense. Ponting's case provides an example. ​ Provides impartiality and fairness, as the random selection of 12 cancels out bias. ​ More representative of society than the judiciary due to a wide age range and no academic requirement. ​ Jury secrecy ensures freedom from pressure in discussions and voting, with no need to justify the decision. ​ Ensures the nature of the evidence and the law are clear to understand. Disadvantages of Using Juries ​ May not be suitable for complex fraud and cybercrime cases due to a lack of necessary skills and expertise. ​ Jurors are not legally qualified and may struggle to understand and apply complex legal principles. ​ The random selection may not always work properly, with potential bias. ​ Homeless, marginalized people, and those not registered to vote may be excluded. ​ There may be inherent biasness. ​ Extraneous material, internet use, media influence, and inappropriate practices may influence the decision. ​ Jury secrecy makes it difficult to challenge verdicts.  ​ High acquittal rates in jury trials (60%), but it's unclear if it's due to misunderstandings or inappropriate reasons. Defendants may elect Crown Court trials in hopes of acquittal by a jury. Barristers ​ The professional body is the General Council of the Bar. ​ The Bar Standards Board sets training, entry standards, the Code of Conduct, and handles complaints. A complaint can be made to the Head of Chambers of the barrister; if dissatisfied, refer to BSB. ​ The BSB investigates breaches of the Code of Conduct and can discipline barristers. ​ Serious breaches may be referred to a Disciplinary Tribunal set up by the independent Bar Tribunals and Adjudication Service. The Tribunal can: ​ Reprimand ​ Require further professional development training ​ Fine ​ Suspend ​ Disbar ​ If still dissatisfied, a complaint can be lodged with the Legal Ombudsman or the Office for Legal Complaints (Legal Services Act 2007). Solicitors ​ The professional body is the Law Society Solicitors Regulation Authority. It deals with complaints about professional misconduct. ​ A complaint can initially be made to the partners of the firm. If dissatisfied, refer to SRA. ​ The SRA will investigate and can discipline the solicitor. ​ For serious misconduct, the SRA can refer to the Solicitors' Disciplinary Tribunal. The Tribunal can: ​ Reprimand ​ Fine ​ Suspend ​ Strike off from the Solicitors' Roll ​ If still dissatisfied, a complaint can be lodged with the Legal Ombudsman or the Office for Legal Complaints (Legal Services Act 2007). ​ A solicitor can be sued for breach of contract for failing to do the work or doing it negligently (White v Jones). The client can also be sued for non-payment of fees. Under Direct Access, a barrister can be sued for breach of contract by a client if it involves negligence in carrying out a professional role. Legal Executives ​ The professional body is the Chartered Institute of Legal Executives (CILEx). It provides training, develops skills, and maintains professional standards. ​ The CILEx Regulation Board regulates the profession and investigates complaints. ​ After investigation, the matter is brought before the Professional Conduct Panel. Role of Legal Executives ​ Employed in solicitors' firms, government departments, or legal departments of companies. ​ Work similarly to solicitors but are charged at a lower rate. ​ Deals with straightforward work, such as property transfer, company formation, will drafting, advising in family cases, and advising individuals detained at a police station. ​ Has rights of appearance but only in non-complex matters in the lower courts with the required Advocacy certificates. Roles Within the Legal System Solicitors ​ Majority work in private practice within a solicitor's firm, either as a partner or solicitor. ​ May be employed in government legal services, including the Crown Prosecution Service, or in the legal departments of corporations. ​ Responsibilities include: ​ Interviewing and advising clients. ​ Providing legal advice on various topics such as housing, consumer issues, family matters, and crime. ​ Negotiating on behalf of clients. ​ Preparing paperwork, including drafting documents for conveyancing, contracts, wills, and writing letters. ​ Advocacy in courts, mainly Magistrates and County courts. ​ Can represent clients in all courts if they pass the assessments set out in the SRA Higher Rights of Audience Regulations 2011. ​ Most solicitors specialize in one area of law. Barristers ​ Regulated by the General Council of the Bar.  ​ Must be a member of one of the Inns of Court and have a practicing certificate to practice. ​ Mainly self-employed, working from a set of chambers with a clerk organizing the administration and office side. ​ May be employed in government legal services like the Crown Prosecution Service or in the legal departments of corporations. ​ Usually work on instruction from a solicitor but in some cases can be on Direct Access. ​ Responsibilities include: ​ Advocacy, specializing in particular areas of law. ​ Giving advice to clients via instruction from a solicitor. ​ Drafting documents, including pleadings for court, opinions, and grounds of appeal. ​ Writing counsel's opinions on cases for solicitors. ​ Holding case conferences with clients and advising them on the law and the strength of their case. ​ Negotiating settlements. ​ Legal research. ​ After ten years with relevant experience, can apply to become Queen's Counsel. Judges and Their Courts Judicial Hierarchy Judges follow the hierarchy of the courts: ​ District Judges: County and Magistrates' Court. Full-time post. Requires 5 years' experience as a barrister/solicitor or having been a Deputy District Judge. ​ Circuit Judges: County Court. Full-time post. Requires 10 years as a barrister/solicitor and having worked part-time as Recorder in criminal cases or full-time as District Judges in civil cases. ​ Recorders: Part-time judges in the Crown Court. ​ High Court Judges: High Court in each Division (Family, Chancery, QBD). Requires 7 years as a barrister/solicitor or Circuit Judge for 2 years. ​ Lord Justices of Appeal: Court of Appeal (Civil) and (Criminal). Requires 7 years as a barrister/solicitor or being a High Court judge. ​ Justices of the Supreme Court: Supreme Court. Requires 15 years' experience in higher courts or being a senior judge, i.e., a judge in CoA. Role of Judges in Civil Courts ​ In County and High Court first instance: ​ Ensure the hearing is carried out fairly and manage the hearing to ensure time limits are adhered to. ​ Decide on questions of law and fact by hearing the evidence and listening to legal arguments. ​ Decide on liability and make decisions, including remedies like the award of compensation.  ​ District Judge and Master in High Court decide on track allocation for contract and tort cases. ​ Deal with and decide on judicial review cases in QBD. ​ In the Court of Appeal and Supreme Court: ​ Review the application of law in first instance court and the correct procedures used. ​ Decide whether leave to appeal should be given. ​ Decide on issues of law and decide on whether to allow or refuse the appeal and make the appropriate decisions. ​ Clarify the law and amend bad precedent where appropriate. ​ Decide points of law of public importance and set precedent for lower courts. Role of Judges in Criminal Courts ​ In Magistrates' and Crown Court first instance: ​ Ensure the hearing is carried out fairly and manage the hearing to ensure time limits are adhered to. ​ In Magistrates' Court: ​ Decide questions of fact and law. ​ Decide whether the verdict and sentence were appropriate by hearing the evidence and listening to legal arguments. ​ Deal with preliminary issues like bail and mode of trial. ​ In Crown Court: ​ Decide questions of law. ​ Sum up for the jury and decide the sentence. ​ In the Court of Appeal and Supreme Court: ​ Review the application of law in first instance court and the correct procedures used. ​ Decide whether leave to appeal should be given. ​ Decide on issues of law and decide on whether to allow or refuse the appeal and make the appropriate decisions linked to sentencing. ​ Clarify the law and amend bad precedent where appropriate. ​ Decide points of law of public importance and set precedent for lower courts. Superior vs. Inferior Judges ​ Superior judges are High Court judges and above. ​ Inferior judges are Circuit judges and below. Separation of Powers Montesquieu's Theory ​ There are three arms of the state which must be kept independent of each other: ​ Legislature: Makes law. ​ Executive: Gives effect to law and administers the nation's affairs. ​ Judiciary: Interprets and enforces law. ​ Separation of powers ensures that each arm of state acts as a check and balance on the use of power by the other arms of state.  ​ There are overlaps in the UK, as the Executive (government) dominates the Legislature, and the Lord Chancellor is within all three arms, although with limited power in the Judiciary since the reforms. ​ The creation of the Supreme Court has also reduced the overlap between the Legislature and Judiciary, as Supreme Court judges cannot sit in the House of Lords. ​ Relevant legislation: Constitutional Reform Act 2005, Crime and Courts Act 2013. Examples in the UK ​ Judges do not make law but interpret law using statutory interpretation rules. ​ Judges cannot override or amend laws made by Parliament. ​ Judges have been known to make decisions contrary to the government. ​ Section 3 of the Criminal Reform Act 2005 prohibits the interference of ministers (government) in judicial decisions. Judicial Independence Definition Judicial independence refers to the principle that the judiciary should be free from influence or control by the other branches of government (executive and legislative) or by private or partisan interests. This ensures judges can make impartial decisions based solely on facts and the law. Key Aspects ​ Security of Tenure: ​ Superior judges can only be dismissed by the Queen with a petition from both Houses of Parliament. ​ Inferior judges cannot be dismissed by the Lord Chancellor (government) alone, as it requires the consent of the Lord Chief Justice. ​ Immunity from Suit: ​ Judges cannot be prosecuted for criminal offenses for acts carried out in the performance of their judicial role. ​ Judges cannot be sued in civil cases for anything they do in carrying out their judicial role, i.e., cannot be sued for libel/slander (defamation). ​ Independence from Other Arms of State: ​ Legislature: No overlap now between the House of Lords in Parliament and the Supreme Court. However, Parliament can still affect the judiciary, i.e., dismissal of superior judges via petition. ​ Executive: The Lord Chancellor's role is now limited as far as selection, appointment, and dismissal of the judiciary is concerned. ​ Independence from the Case/Anyone Linked with the Case: ​ Conflict of interest and possible appearance of bias: judges must declare a conflict of interest and must not try/hear any case in which they may have an interest. ​ Independence in Judicial Review and Human Rights Cases:  ​ In decision-making which may be unpopular, e.g., the Abu Qatada case, where the Home Secretary failed numerous times in seeking to extradite to another jurisdiction. Advantages of Judicial Independence ​ Crucial for any democracy to prevent dictatorships. ​ Allows judges to exercise their judicial powers appropriately without improper external pressure or interference. ​ Allows judges to make decisions based on the law, even if unpopular. ​ Allows judges the ability and freedom to apply the law to protect citizens against unlawful acts of the government. ​ Has promoted/increased the importance of the 'merits' basis for the appointment of judges. ​ Increases public confidence in the decisions of the judiciary. Effectiveness and Efficiency of the Judiciary Factors Contributing to Effectiveness ​ Vacancies are now advertised, and appointments are based on merit, as dealt with by the Judicial Appointments Committee. ​ Opening up of positions to others, like Fellows of Ilex, leads to more representation from a cross-section of society. ​ Lord Chancellor's limited power in appointment and dismissal of the judiciary leads to better separation of powers. ​ Judicial independence leads to just decisions not influenced particularly by other arms of state, e.g., the Abu Qatada case. ​ Judicial independence means higher public confidence in the delivery of justice by our legal system, which is vital in a democracy. Areas for Improvement ​ Diversity: While improvements have been made, there is still a lack of female and younger judges in the higher courts. Stats: 76% over age 50, 32% women with 26% superior judges being women, 8% BAME. ​ Training: Training is mainly learning on the job with some structured training programs. A career judiciary would mean less court/advocacy real experience but would mean younger judges trained specifically for the judicial role. Government Provision of Legal Aid Civil Legal Aid ​ LASPO 2012 (Legal Aid, Sentencing and Punishment of Offenders Act 2012): ​ Legal Aid Agency: Responsible for the administration of legal aid in England and Wales. ​ CLA (Civil Legal Advice): Provides advice on matters such as debt, housing, and family issues. ​ Scope of Assistance: ​ Advice/assistance. ​ Court representation.  ​ Exclusions: ​ No funding for Small claims, cases involving divorce, wills, personal injury (unless there is an element of violence), and tribunal cases (unless involving mental health). ​ Criteria and Tests: ​ Merits Test: Based on the likelihood of success, the likely amount of damages, and the reason for taking the action. ​ Means Testing: Based on disposable income and capital, and can include that of a partner's. The figures are set every year. Criminal Legal Aid ​ LASPO 2012: ​ Legal Aid Agency: Responsible for the administration of legal aid in England and Wales. ​ Police Station Detention: ​ Duty Solicitor Scheme: Usually advice via a telephone call and covers an interview by the police. No testing and is available to all. ​ Post-Charge Advice/Assistance (s13 LASPO 2012): ​ Provided by a franchised solicitor firm for 1 hour's work, covering advice and preparatory work for a court appearance. ​ Means-tested, so only those on very low income will qualify. ​ Court Representation: ​ Duty Solicitor Scheme: For those in custody for first appearance and is free, not tested. ​ For others, representation will be merits and means-tested (different levels in Magistrates Court and Crown Court). ​ Criteria and Tests: ​ Merits Test: Interest of justice and Widgery criteria, e.g., risk of loss of liberty, the case involves a complex point of law, and the individual may not be able to understand the proceedings/present their own case. Alternative Funding Methods Private Funding ​ Very expensive as legal fees are charged by the hour. ​ Difficult to estimate total costs as it depends on the complexity of the case. ​ If the case goes to trial and requires a barrister, that will increase the legal fees involved. ​ Allows the individual to shop around and instruct the best and most appropriate specialized solicitor and barrister. Insurance ​ Vehicle Insurance: Covers advice and representation arising out of claims from road accidents. ​ Before Event Policies: Purchased before any claim/action arises.  ​ After Event Policies: Covers the legal fees and the winner's legal costs payable by the loser (usually in CFAs). Premiums are usually higher as there is already a claim/action started. Conditional Fee Agreements (CFAs) ​ Developed to plug gaps in access to justice caused by the reduction in legal funding in civil cases. ​ Based on the likelihood of success, as solicitors are unlikely to take cases with no merit, leading to risky cases being rejected by solicitors. ​ A fee for legal services is agreed on, conditional on the individual winning the case. ​ A success fee is usually agreed on top of this, which is payable when the case is won, up to 100% of the normal legal fee but cannot exceed 25% of compensation. ​ Solicitors usually require individuals to purchase after event insurance to ensure they get paid even if the case is lost. ​ If no insurance is applicable, then the solicitor will not be entitled to any payment if the case is lost. This insurance is also to protect against the event of a requirement to pay fees of the winning party. Alternative Advice Agencies University Law Schools ​ Many offer pro bono clinics/surgeries run by final-year undergraduates with supervision by academic staff/specialist lawyers. Citizens Advice Bureau ​ A charitable organization involving volunteers covering advice on debt, consumer issues, housing problems, welfare, and employment matters. Law Centres ​ Offer advice and representation free to those living in the area, but there are only 41 across the country. ​ An attempt to plug the gap left by advice deserts caused by a lack of solicitors' firms offering legal aid work. Law Works & Advocate (Previously the Pro Bono Unit) ​ Advocate: Free legal advice for those who do not meet the tests for the CLA, and possibly free legal representation in civil matters by volunteer barristers. Free Representation Unit ​ Based in London and Nottingham. ​ Provides advice and representation in social security and employment tribunals. ​ Usually volunteers from the newly qualified legal professionals/law students. Trade Unions ​ Usually paid for via subscription to the trade union for a specialist lawyer to deal with the case and issues, including advice and representation. Charities  ​ Most have helplines, and some employ specialists in that charity's particular area of work, i.e., Shelter (housing), Amnesty International (human rights). ​ Relies heavily on charitable donations and bequests from wills. Effectiveness of Legal Aid in Accessing Justice Civil Legal Aid ​ Issue is balancing the needs of giving people access to justice and the limited public spending available to fund it. ​ Budget cuts mean levels of funding have been decreasing, from £1 billion in 2010 to £739 million in 2019. Ineffective Aspects ​ The types of cases eligible for funding are continuously reducing, i.e., no funding for Small claims, cases involving divorce, wills, personal injury (unless there is an element of violence), tribunal cases (unless involving mental health), which means an increase in individuals self-representing, leading to delays in court and injustice. ​ Means tests mean that only the poorest will have eligibility for funding. Those with moderate income/assets, like homeowners, will not be eligible, which produces injustice. ​ Due to the lack of funding, many solicitors' firms do not do civil legal aid work, which leads to regions of the country lacking any providers (advice deserts), which means individuals have to travel to obtain the service. Effective Aspects ​ Alternative funding methods like CFAs, insurance, and alternative providers of advice and representation (charities and trade unions) may mean that the most appropriate and best specialist lawyers will deal with the case. Criminal Legal Aid ​ The issue is balancing the needs of giving people access to justice and the limited public spending available to fund it; reduction £879 million in 2019 from £1.2 billion in 2010. Effective Aspects ​ The duty solicitor scheme at the police station is available for all and is not means/merit tested but is limited to advice, usually via a telephone call unless a personal attendance will 'materially progress the case' and in some cases could cover the interview. Ineffective Aspects ​ There has been no corresponding reduction in crimes, which means that more defendants are self-representing, leading to delays in court and injustice as defendants are unable to present their case properly and are convicted. ​ The merits test is more likely to benefit the habitual offender rather than a first-time offender due to the risk of a possible custodial sentence. ​ A habitual offender is unlikely to be employed due to a history of offending and will, therefore, pass the means test and obtain funding. ​ Criteria for funded court representation are limited, which means that unless a very serious offense or the individual is on benefits, they are unlikely to obtain funding, leading to self-representation, which could cause delays and injustice, especially for a first-time offender who is not familiar with the court procedures or legal jargon. ​ Individuals with some assets or income are unlikely to be eligible for funding but in reality, may not have the large sums needed to fund particularly hearings in the Crown Court. ​ The reduction of funding and the fixed fee system means a lack of solicitors' firms willing to undertake criminal legal aid work. ​ The Public Defender Service has been unsuccessful due to the high level of funding required and the lack of provision across the country.