Machinery of justice

English Legal System – Machinery of Justice (Cambridge IGCSE/A‑Level 1.2)

1. Court Hierarchy – Quick Reference

2. Civil Courts & the Civil Process (Syllabus 1.2.1)

2.1 The Woolf Reforms & the Civil Procedure Rules (CPR)

• Why the reforms? To replace the complex, fragmented procedural system with a single, streamlined set of rules.
• Key objectives (Lord Woolf, 1998):
  • Early case management by the judge.
  • Proportionality – costs and time must be appropriate to the dispute.
  • Encouragement of Alternative Dispute Resolution (ADR).
• Core CPR features:
  • Pre‑Action Protocols – mandatory steps before issuing proceedings (letter of claim, exchange of documents, attempt at settlement).
  • Track allocation – Small Claims, Fast‑Track, Multi‑Track (see Table 2.2).
  • Case Management Directions (CMDs) – timetable for disclosure, witness statements, expert reports, and any pre‑trial hearings.

2.2 Allocation of Civil Cases (Tracks)

2.3 Stages of a Typical Civil Claim

1. Pre‑Action Protocol – Letter of claim, exchange of relevant documents, attempt at settlement (often via mediation).
2. Claim Form & Particulars of Claim – Starts the proceedings. Usually filed in a County Court (small/medium claims) or the High Court (high‑value/complex claims).
3. Defence (and possible Counter‑Claim) – Defendant must file a defence within 14 days (extendable by the court).
4. Case Management – Judge issues a Case Management Order (CMO) that:
   • Allocates the appropriate track.
   • Sets timetables for disclosure, witness statements, expert reports.
   • May order a pre‑trial hearing or a settlement conference.
5. Disclosure & Evidence – Parties exchange documents. The extent of disclosure depends on the track (limited vs. standard vs. full).
6. Pre‑Trial Hearings (if required) – Issues such as admissibility of evidence, summary judgment applications, or settlement offers are dealt with.
7. Trial – Heard by a judge (no jury, except in defamation). The judge decides liability and awards remedies (damages, injunctions, specific performance, etc.).
8. Judgment & Costs – Written judgment is issued. The “loser pays” rule applies, subject to the court’s discretion and the track‑specific costs regime.
9. Appeal
   • County Court → High Court (for claims under £10,000) or directly to the Court of Appeal (higher‑value/complex claims).
   • Grounds: error of law, procedural irregularity, or unreasonable decision.
   • Further appeal to the Supreme Court only with permission (usually a point of law of general public importance).

2.4 Human Rights Impact on Civil Proceedings

• Article 6 ECHR (right to a fair trial) is incorporated by the Human Rights Act 1998.
• Courts must ensure:
  • Equality of arms – each party has a reasonable opportunity to present its case.
  • Public hearing, unless a justified exception (e.g., national security, privacy).
  • Adequate time and facilities to prepare a defence.

3. Alternative Dispute Resolution (ADR) – Syllabus 1.2.2

• Mediation – A neutral third‑party facilitates discussion; parties retain control of the outcome. CPR Part 31 makes mediation a “first‑step” before and during litigation.
• Arbitration – Dispute is referred to an arbitrator (or panel) whose decision (“award”) is binding. Governed by the Arbitration Act 1996.
  • “Scott v Avery” clauses allow parties to limit the Act’s default provisions (e.g., restricting appeals).
• Conciliation – Similar to mediation but the conciliator may propose solutions. Frequently used in employment disputes (e.g., ACAS conciliation).
• Negotiation – Direct talks between the parties, possibly with legal advisers. The most informal ADR method.

Courts actively promote ADR to reduce caseloads, cut costs, and provide quicker, more flexible outcomes.

4. Criminal Courts & the Criminal Process (Syllabus 1.2.3)

4.1 Classification of Offences

• Summary offences – Tried only in Magistrates’ Courts (e.g., minor traffic offences, common assault).
• Either‑way offences – Can be tried either summarily or on indictment.
  • Magistrates decide the “mode of trial” based on seriousness and the defendant’s election.
  • Examples: theft, burglary, assault causing actual bodily harm.
• Indictable offences – Must be tried in the Crown Court (e.g., murder, rape, robbery).

4.2 Pre‑Trial Processes by Offence Type

1. Summary offences
   • Police investigation → charge → appearance before a Magistrates’ Court.
   • No committal hearing; case proceeds directly to trial (usually a single hearing).
2. Either‑way offences
   • Police investigation → charge.
   • Initial hearing in Magistrates’ Court – magistrate decides mode of trial (summary vs. indictment).
   • If sent to Crown Court, a committal hearing may confirm the charge.
3. Indictable offences
   • Police investigation → charge.
   • First appearance in Magistrates’ Court for bail & preliminary matters; case is then “committed” to the Crown Court for trial.

4.3 Bail

• Police bail – Governed by PACE 1984 (s 4A) and the Criminal Justice and Public Order Act 1994.
  • Police may release a suspect on bail pending further investigation or a charging decision.
  • Typical conditions: reporting to a police station, residence restrictions, surrender of passport.
• Court bail – Governed by the Bail Act 1976.
  • Presumption in favour of bail unless one of the statutory grounds applies (e.g., risk of failing to surrender, committing further offences, interfering with witnesses).
  • Factors considered: nature of the offence, previous convictions, ties to the community, special circumstances (e.g., medical needs).

4.4 Stages of the Criminal Process

1. Investigation – Police gather evidence, interview witnesses, and may obtain a search warrant (PACE Code A).
2. Arrest & Charge – Arrest under s 24 PACE (as amended). The Crown Prosecution Service (CPS) decides whether to charge; a charge sheet is prepared.
3. Initial Hearing (Magistrates’ Court)
   • Bail decision (police bail may be varied).
   • Plea entered (guilty/not‑guilty).
   • Either‑way cases: magistrate decides mode of trial.
   • Indictable cases: case committed to Crown Court.
4. Pre‑Trial Procedures (Crown Court)
   • Disclosure – prosecution must provide the defence with all material relevant to the case (Criminal Procedure Rules Part 19).
   • Case Management Hearing – Timetable for disclosure, witness statements, and any pre‑trial applications.
   • Plea bargaining – Under the Criminal Justice Act 2003, an early guilty plea can reduce the sentence (up to 1/3 reduction).
5. Trial
   • Summary offences – heard by a magistrate (or a panel of magistrates) alone.
   • Either‑way (sent to Crown Court) – judge and jury (12 members) decide guilt; judge gives legal directions.
   • Indictable offences – judge and jury; judge also decides on admissibility of evidence and sentencing powers.
6. Verdict & Sentencing
   • Jury returns “guilty” or “not guilty”.
   • Judge imposes sentence following the Sentencing Council guidelines (Criminal Justice Act 2003).
   • Magistrates’ Courts have limited sentencing powers (up to 12 months’ imprisonment, fines, community orders, or a combination).
7. Appeal
   • Summary conviction – appeal to the Crown Court (as a court of appeal).
   • Either‑way or indictable conviction – appeal to the Court of Appeal (Criminal Division). Grounds: error of law, misdirection, or manifestly excessive sentence.
   • Further appeal to the Supreme Court only with permission (usually a point of law of general public importance).

4.5 Human Rights Considerations in Criminal Proceedings

• Article 6 ECHR – Right to a Fair Trial
  • Presumption of innocence.
  • Public hearing (subject to limited exceptions for privacy or national security).
  • Adequate time and facilities to prepare a defence.
• Article 5 ECHR – Right to Liberty and Security
  • Influences bail decisions and the lawfulness of detention.
  • Detention must be lawful, necessary, and proportionate.

5. Police Powers (Syllabus 1.2.4)

5.1 Stop and Search

• Statutory bases
  • Police and Criminal Evidence Act 1984 – sections 1‑7 and Code A (general stop and search of persons/vehicles).
  • Misuse of Drugs Act 1971 – sections 23‑24 (search for controlled drugs).
  • Counter‑Terrorism and Security Act 2015 – sections 44‑47 (stop and search for terrorism‑related material; supersedes earlier Terrorism Act 2000 provisions).
• Requirements for a lawful stop and search
  • Reasonable suspicion of involvement in a crime.
  • Officer must identify themselves, state the legal power being used, and give name and station.
  • Search must be conducted fairly and proportionately.
  • Written record (search card) must be provided unless an exemption applies (e.g., urgent circumstances).

5.2 Arrest

• Primary power – s 24 PACE (as amended by the Police Reform and Social Responsibility Act 2011).
  • Arrest without a warrant if the officer has reasonable suspicion that the person is committing, has committed, or is about to commit an offence.
  • Police must inform the person of the reason for arrest and their rights (e.g., right to legal representation).
• Arrest with a warrant – Required for certain offences (e.g., when the suspect is not present, or for specific serious offences). The warrant must be signed by a magistrate or a judge.

5.3 Entry & Search (with or without a Warrant)

• Without a warrant – Permitted under PACE Code A when there are reasonable grounds to believe that:
  • Evidence relating to an offence will be found on the premises, or
  • There is a risk of loss or destruction of evidence.
• With a warrant – Required where the police need to enter premises where there is no reasonable suspicion of imminent loss of evidence, or for certain protected locations (e.g., private dwellings).

5.4 Detention & Questioning

• Police may detain a suspect for up to 24 hours without charge (extendable to 36 hours for serious offences, and up to 96 hours with a magistrate’s authorisation).
• During detention, the suspect has the right to:
  • Be informed of the reason for detention.
  • Legal representation (right to consult a solicitor).
  • Remain silent (right to silence, subject to adverse inference under the Criminal Justice and Public Order Act 1994).

5.5 Summary of Key Police Powers

6. Quick Revision Checklist

• Know the **four main levels** of the court hierarchy and which courts handle civil vs. criminal matters.
• Understand the **three CPR tracks** and the criteria for allocating a case to each.
• Be able to **outline the civil claim process** from pre‑action protocol to appeal.
• Recall the **four main ADR methods** and when each is most appropriate.
• Identify the **three categories of offences** and the corresponding court(s) that try them.
• Memorise the **key stages of the criminal process**, especially the role of the magistrates’ court in bail, plea, and committal.
• Explain the **human rights safeguards** (Articles 5 and 6) that affect both civil and criminal proceedings.
• List the **principal police powers** (stop and search, arrest, entry & search, detention) and the statutory tests that must be satisfied.