UNIT 23 – The English Legal System
Learning Aim A
P1 - Using case examples, accurately apply and explain the jurisdiction of civil courts
P2 - Using case examples, accurately apply and explain the jurisdiction of criminal courts
Introduction
The law means a system of rules which a particular country or community recognises as
regulating the actions of its members and which it may enforce by the imposition of
penalties. Law is broadly divided into categories such as civil and criminal law, which are
distinct systems governing different types of legal matters. Civil law deals with disputes
between private induvial or organisations, focusing on compensation whereas criminal law
addresses offenses against society or the state, aiming to punish offenders with penalties
such as fines or imprisonment. The aim of criminal law is to maintain social order and
stability by deterring criminal behaviour and punishing offenders. One of the keys aims of
deterrence. By punishing offenders, criminal law aims to discourage them and others from
committing similar crimes in the future. One of the civil law aim’s is dispute resolution.
Civil law is designed to sort out arguments and disagreements between private parties,
unlike criminal law which deals with offenses against society.
Main Body
The first case study is a criminal law case involving James, Casper and Pete. In this case
study I will go through the criminal courts available to them and explaining the role of each.
Additionally, I will also be suggesting which possible appeal route they may have.
Firstly, there are a range of courts in the criminal court structure.
The criminal court structure starts with the magistrate court. The role of this court handles
majority of the criminal cases. Approximately, 95% of the cases go here including less
serious offenses. This court decides whether someone is guilty or innocent. Furthermore,
they can refer the case to the Crown Court for sentencing.
The Crown Court is the next court. This court deals with more serious criminal cases such
as murder, rape and robbery. This court deals with cases which are heard by a judge or a
jury. This court also takes on any cases that has been brought into the magistrate’s court
but hasn't come to a conclusion. So, this court takes on the case and gives a conclusion.
The next court is the High court. This court deals with more complex or higher importance,
including even more serious criminal cases which is more serious than the crown court
cases. A high court judge can hear cases with a jury in the most serious instances.
,The next court is the Court of Appeal. This court takes the cases from Crown Court and
hears appeals.
The final court is the Supreme Court. This court is the final court for criminal cases. It is the
highest court and take appeals from the Court of Appeal.
MAGISTRATE COURT
CROWN COURT
HIGH COURT
COURT OF APPEAL
SUPREME COURT
In order to see which court will hear the cases, the offence that each defendant has
committed needs to be determined. This can be seen in the table below:
Defendant Act Possible Charge & Classification and
max sentence appropriate court
Pete – aged 19 Pete was found He could be This is an either-way
(adult) carrying a knife in charged with offence, meaning it
public, which is a possession of a could be tried in
pointed or bladed either the
, criminal offence article in a public Magistrates’ Court
under the law. place. This offence or the Crown Court.
carries a maximum However, because it
sentence of 4 years’ is linked to the
imprisonment. stabbing incident,
the case will be
heard in the Crown
Court alongside the
more serious
charge.
This act could lead Murder is an
Pete stabbed Brian to a charge of indictable-only
during the fight, murder, which is offence, which
causing serious one of the most means it must be
injury. serious criminal tried in the Crown
offences. The Court. Pete’s trial
maximum sentence will therefore cover
is life imprisonment both the possession
if he is found guilty. and murder
chargers together.
James – aged 19 James was involved Murder (on the basis Murder on the basis
(adult) in the fight and ran of joint enterprise). of joint enterprise:
after stabbing had The prosecution Indictable offence
taken place. would have to prove and therefore the
that James actively case would be
assisted the heard at the Crown
stabbing. However, Court with Pete.
we haven't been
given any more
information on this.
Casper aged 16 Ran away and stole Casper is likely to Summary offence:
(minor) a pack of lager cans. be charged with Magistrate (youth
theft. As the value of court)
the goods is low
(less than £200) the
maximum sentence
that he could
receive is 6 months
custody.
Learning Aim A
P1 - Using case examples, accurately apply and explain the jurisdiction of civil courts
P2 - Using case examples, accurately apply and explain the jurisdiction of criminal courts
Introduction
The law means a system of rules which a particular country or community recognises as
regulating the actions of its members and which it may enforce by the imposition of
penalties. Law is broadly divided into categories such as civil and criminal law, which are
distinct systems governing different types of legal matters. Civil law deals with disputes
between private induvial or organisations, focusing on compensation whereas criminal law
addresses offenses against society or the state, aiming to punish offenders with penalties
such as fines or imprisonment. The aim of criminal law is to maintain social order and
stability by deterring criminal behaviour and punishing offenders. One of the keys aims of
deterrence. By punishing offenders, criminal law aims to discourage them and others from
committing similar crimes in the future. One of the civil law aim’s is dispute resolution.
Civil law is designed to sort out arguments and disagreements between private parties,
unlike criminal law which deals with offenses against society.
Main Body
The first case study is a criminal law case involving James, Casper and Pete. In this case
study I will go through the criminal courts available to them and explaining the role of each.
Additionally, I will also be suggesting which possible appeal route they may have.
Firstly, there are a range of courts in the criminal court structure.
The criminal court structure starts with the magistrate court. The role of this court handles
majority of the criminal cases. Approximately, 95% of the cases go here including less
serious offenses. This court decides whether someone is guilty or innocent. Furthermore,
they can refer the case to the Crown Court for sentencing.
The Crown Court is the next court. This court deals with more serious criminal cases such
as murder, rape and robbery. This court deals with cases which are heard by a judge or a
jury. This court also takes on any cases that has been brought into the magistrate’s court
but hasn't come to a conclusion. So, this court takes on the case and gives a conclusion.
The next court is the High court. This court deals with more complex or higher importance,
including even more serious criminal cases which is more serious than the crown court
cases. A high court judge can hear cases with a jury in the most serious instances.
,The next court is the Court of Appeal. This court takes the cases from Crown Court and
hears appeals.
The final court is the Supreme Court. This court is the final court for criminal cases. It is the
highest court and take appeals from the Court of Appeal.
MAGISTRATE COURT
CROWN COURT
HIGH COURT
COURT OF APPEAL
SUPREME COURT
In order to see which court will hear the cases, the offence that each defendant has
committed needs to be determined. This can be seen in the table below:
Defendant Act Possible Charge & Classification and
max sentence appropriate court
Pete – aged 19 Pete was found He could be This is an either-way
(adult) carrying a knife in charged with offence, meaning it
public, which is a possession of a could be tried in
pointed or bladed either the
, criminal offence article in a public Magistrates’ Court
under the law. place. This offence or the Crown Court.
carries a maximum However, because it
sentence of 4 years’ is linked to the
imprisonment. stabbing incident,
the case will be
heard in the Crown
Court alongside the
more serious
charge.
This act could lead Murder is an
Pete stabbed Brian to a charge of indictable-only
during the fight, murder, which is offence, which
causing serious one of the most means it must be
injury. serious criminal tried in the Crown
offences. The Court. Pete’s trial
maximum sentence will therefore cover
is life imprisonment both the possession
if he is found guilty. and murder
chargers together.
James – aged 19 James was involved Murder (on the basis Murder on the basis
(adult) in the fight and ran of joint enterprise). of joint enterprise:
after stabbing had The prosecution Indictable offence
taken place. would have to prove and therefore the
that James actively case would be
assisted the heard at the Crown
stabbing. However, Court with Pete.
we haven't been
given any more
information on this.
Casper aged 16 Ran away and stole Casper is likely to Summary offence:
(minor) a pack of lager cans. be charged with Magistrate (youth
theft. As the value of court)
the goods is low
(less than £200) the
maximum sentence
that he could
receive is 6 months
custody.
