NCTJ SeminarNCTJ Seminar

Introduction to the lawIntroduction to the law

Sources of LawSources of Law

COMMON LAWCOMMON LAW Laws laid down over centuries by the Courts, often Laws laid down over centuries by the Courts, often

following custom and practice. Called “common” as it following custom and practice. Called “common” as it applied to all and was not specific to some.applied to all and was not specific to some.

Often modified by statute.Often modified by statute.

STATUTE LAWSTATUTE LAW Passed by ParliamentPassed by Parliament Modifies/repeals previous laws – both common and statuteModifies/repeals previous laws – both common and statute Legal position can be affected by statute AND common lawLegal position can be affected by statute AND common law

PRECENDENTPRECENDENT Case law – the decisions of higher courts affect those Case law – the decisions of higher courts affect those

further down.further down.

Terminology in CourtTerminology in Court In civil cases CLAIMANTS bring actions against In civil cases CLAIMANTS bring actions against

DEFENDANTS DEFENDANTS In criminal cases it’s the PROSECUTION – the Crown - In criminal cases it’s the PROSECUTION – the Crown -

versus the DEFENCEversus the DEFENCE Both types of actions have TRIALSBoth types of actions have TRIALS DAMAGES are AWARDED by civil courtsDAMAGES are AWARDED by civil courts ORDERS – e.g. injunctions are MADE or GRANTEDORDERS – e.g. injunctions are MADE or GRANTED DAMAGES agreed by the parties before trial are not DAMAGES agreed by the parties before trial are not

AWARDED – they are WON or SETTLEDAWARDED – they are WON or SETTLED CIVIL COURTS cannot punish – they can award punitive CIVIL COURTS cannot punish – they can award punitive

damages.damages. SOLICITORS – have limited rights of audience unless they SOLICITORS – have limited rights of audience unless they

are Solicitor Advocates. are Solicitor Advocates. BARRISTERS – have the right to practice in all courts – they BARRISTERS – have the right to practice in all courts – they

are known as “counsel”are known as “counsel”

The divisions of lawThe divisions of law Criminal law – deals with those acts punishable Criminal law – deals with those acts punishable

by the courts as breaches of the law affecting the by the courts as breaches of the law affecting the public at large. They are technically committed public at large. They are technically committed against the Crown.against the Crown.

Civil law – concerns private claims for damages Civil law – concerns private claims for damages and/or Court orders e.g. injunctions, declaratory and/or Court orders e.g. injunctions, declaratory judgmentsjudgments

Interchange between the 2 systems. Assault, Interchange between the 2 systems. Assault, libel, breach of copyright, trespass may all be civil libel, breach of copyright, trespass may all be civil AND criminal matters. A road accident may lead AND criminal matters. A road accident may lead to a criminal case and a civil action for damages.to a criminal case and a civil action for damages.

Magistrates Courts Magistrates Courts Perform both civil and criminal functionsPerform both civil and criminal functions Lay magistrates (JPs) are unpaidLay magistrates (JPs) are unpaid District judges (stipendaries) – are professionalsDistrict judges (stipendaries) – are professionals Clerks to justices – paid legal advisers to magistratesClerks to justices – paid legal advisers to magistrates They deal mainly with lesser criminal casesThey deal mainly with lesser criminal cases Majority of criminal cases in UK heard by lay magistratesMajority of criminal cases in UK heard by lay magistrates They have limited sentencing powers – up to 6 months They have limited sentencing powers – up to 6 months

imprisonmentimprisonment Family courts deal with child maintenance, separation Family courts deal with child maintenance, separation

orders and adoption orders and adoption Magistrates also sit as Youth Courts dealing with those Magistrates also sit as Youth Courts dealing with those

under 18.under 18. Anti-social behaviour ordersAnti-social behaviour orders

Magistrates Courts 2Magistrates Courts 2 ““Indictable-only” offences – those which must go to Crown Indictable-only” offences – those which must go to Crown

Court – appear first before magistratesCourt – appear first before magistrates They also deal with “either-way” offences in which the They also deal with “either-way” offences in which the

defendant can elect summary (magistrates) trial or Crown defendant can elect summary (magistrates) trial or Crown Court trial.Court trial.

If it’s the former, the magistrates can send them, on If it’s the former, the magistrates can send them, on conviction, to Crown Court for sentence.conviction, to Crown Court for sentence.

A summary trial takes the same form as a CC trial – A summary trial takes the same form as a CC trial – witnesses, cross-examination, etc – but it’s the magistrates witnesses, cross-examination, etc – but it’s the magistrates who decide the verdict.who decide the verdict.

Magistrates also hear private prosecutions – for instance, Magistrates also hear private prosecutions – for instance, by the RSPCA – and matter such as school non-attendance. by the RSPCA – and matter such as school non-attendance.

Crown CourtsCrown Courts

Perform mainly criminal functionsPerform mainly criminal functions Hear trials of serious “indictable” offencesHear trials of serious “indictable” offences Sentence some of those found guilty by magistratesSentence some of those found guilty by magistrates Hear appeals from magistratesHear appeals from magistrates High Court judges sitting in Crown Courts are ‘ Mr. Justice…’High Court judges sitting in Crown Courts are ‘ Mr. Justice…’ Circuit Judges are ‘Judge….’Circuit Judges are ‘Judge….’ Recorders (part time judges) are ‘Mr/Mrs. Recorder’Recorders (part time judges) are ‘Mr/Mrs. Recorder’ Juries sit in all criminal trials in the Crown CourtJuries sit in all criminal trials in the Crown Court They do not attend pre-trial hearings or preparatory They do not attend pre-trial hearings or preparatory

hearingshearings Reporting restrictions apply to theseReporting restrictions apply to these

Court Structure contdCourt Structure contd

County CourtsCounty Courts

Try most civil claims – negligence, trespass, damagesTry most civil claims – negligence, trespass, damages

More complicated or specialised claims go to the High More complicated or specialised claims go to the High

CourtCourt

Cases usually tried by District or Deputy District judges.Cases usually tried by District or Deputy District judges.

High CourtHigh Court

In London, but there are District Registries elsewhereIn London, but there are District Registries elsewhere

Queens Bench, Chancery and Family DivisionsQueens Bench, Chancery and Family Divisions

Queens Bench Divisional Court hears appeals on points of Queens Bench Divisional Court hears appeals on points of

law from magistrates and Crown Courts. Also hears law from magistrates and Crown Courts. Also hears

contempt proceedings brought by Attorney-Generalcontempt proceedings brought by Attorney-General Sits at the Royal Courts of Justice in LondonSits at the Royal Courts of Justice in London

Court Structure contdCourt Structure contd Court of AppealCourt of Appeal Master of the Rolls presides in civil casesMaster of the Rolls presides in civil cases Two or three judges normally sit and hear appeals from County Two or three judges normally sit and hear appeals from County

Courts High Court and Employment Appeals TribunalCourts High Court and Employment Appeals Tribunal Hears criminal appeals from the Crown Court on a point of law. Hears criminal appeals from the Crown Court on a point of law. Criminal branch is presided over by Lord Chief JusticeCriminal branch is presided over by Lord Chief Justice

Criminal verdicts may be overturned by quashing, or by ordering a Criminal verdicts may be overturned by quashing, or by ordering a

new trial, or to substitute a conviction for a different offencenew trial, or to substitute a conviction for a different offence

Supreme Court (formerly House of Lords) Supreme Court (formerly House of Lords) Hears appeals via panel of five (sometimes more) Law Lords and Hears appeals via panel of five (sometimes more) Law Lords and

Ladies though new Judges will from now on not be members of the Ladies though new Judges will from now on not be members of the

House of Lords but Justices of the Supreme Court. Highest appeal House of Lords but Justices of the Supreme Court. Highest appeal

court in the country.court in the country.