LEFO Small Group 3

The Court System in England and Wales

Introduction
As law students, it is important that you understand how the court system in England and Wales
operates. This foundational understanding is required to enable you to understand other topics, such
as the doctrine of precedent, and enables you to start to get an understanding of how the law works in
the ‘real world’.

In this Small Group, you will be looking at practical/problem based scenarios and how you can apply
what you have been learning about the criminal justice system and the civil justice system to these.

You will be required to participate in discussions within your groups and within the whole class, in
relation to the issues raised by the scenarios.

Learning Outcomes
By the end of this session, you should be able to:

 Explain some of the key features of civil claims

 Explain the main pre-litigation steps that take place in civil proceedings
 Describe, in outline, the civil trial process
 Explain some of the key features of criminal cases dealt with by the Magistrates’ Court
 Explain the main procedural steps that take place in criminal proceedings in relation to either
way offences
 describe, in outline, the criminal trial process

Reading
 Review your notes for Lecture 3 parts I & II and Lecture 4 parts I & II
 Wilson S, Rutherford H, Storey T & Wortley N, English Legal System, chapter 2, pages:48-67

 Wilson S, Rutherford H, Storey T & Wortley N, English Legal System, chapter 13, pages:
486-501
509 (para 13.9) - 515

 Wilson S, Rutherford H, Storey T & Wortley N, English Legal System, chapter 15, pages:
554-585
592-594

 Wilson S, Rutherford H, Storey T & Wortley N, English Legal System, chapter 18, pages:
658-673
674 (para 18.2) – 678

The textbook reading is the same as the reading you were required to undertake after listening to Lecture
3 parts I & II and Lecture 4 parts I & II. It is for you to decide whether you need to read the textbook
material again in order to refresh your memory.
Preparation
Working in the group to which you have been allocated, in advance of the session, you should read
the scenarios set out below for exercises one and two and prepare written answers to the questions
posed. You should come to the session prepared to discuss your answers. You should also make a
note of where you found your answers so you can compare the sources that students in the other
group referred to when preparing for this session.

Exercise One
Scenario
Sarah has been charged with the offence of assault occasioning actual bodily harm contrary to
section 47 of the Offences Against the Person Act 1861 (an either way offence). She was released on
police bail with a condition of attending at Cardiff Magistrates’ Court.

Questions
1. What is likely to be the first step in the process the magistrates will follow? What is this likely to
involve?
- Hear all criminal cases at first instance – not all criminal cases stay here
- Whether cases stays in the magistrates or transferred to the crown court depends on the way
in which way they’re classified:
o Summary Offences (least serious)
o Either Way Offences
o Indicatable Only Offences (most serious)
- Where a defendant is charged with an either way offence, formal procedures have to take
place pin order to determine whether the case will be dealt with in the magistrates court or
crown court. First step in the procedure is called the plea before venue

2. Assuming that Sarah enters a plea of ‘not guilty’, what is likely to be the next step in the
process?
Magistrates then proceed to an allocation hearing which is also known as a mode of trial

Allocation hearing us a pre-trial hearing to decide which court will hear the trail – it is not a trail to
decide guilt or innocence

INSERT PICTURE FROM EMAIL

3. If the magistrates decide that Sarah’s case is suitable for summary trial, does Sarah’s trial
have to take place in the Magistrates’ Court?
Yes – the defendant then can consent to being tried summarily or can choose to be tried in the
crown court by a jury

4. If the magistrates decline jurisdiction because their sentencing powers are not sufficient,
and say that the case should be heard in the Crown Court, can Sarah still choose to have
her trial in the Magistrates’ Court?

If the magistrates decide that the crown court is the appropriate venue, the defendant has no say.
 Assume that time has passed, and Sarah’s case has been listed for trial in the Magistrates’
Court.

5. Could a Judge and jury hear the case?

Cases can be heard by lay magistrates or by district judge – no jury

6. When Sarah’s trial begins in the Magistrates’ Court, can Sarah’s solicitor and the CPS
lawyer both make opening speeches?

7. Which party bears the burden of proof in this case?

Burden of proof is on the prosecution to prove their case at the end of the prosecution case

8. What is the standard of proof in criminal cases?

9. At the conclusion of the prosecution evidence Sarah’s solicitor is of the view that the evidence
against Sarah is weak and that the prosecution haven't proved their case. What, if anything, can
Sarah’s solicitor do?

10. At the end of the trial, Sarah is acquitted, but the prosecution assert that the magistrates made an
error of law. What, if anything, can the prosecution do?

Exercise Two
Scenario
Lucy Roberts went out for dinner with friends at Valley Delights restaurant in Talbot Green. Once she
had ordered her food, she got up from the table to look for the toilets. She felt her phone vibrating in
the pocket of her jeans and put her hand inside to take it out. The next thing Lucy knew was that she
had fallen forwards onto the floor. She hadn’t noticed that the restaurant had two different floor levels
and that there were three steps leading from the floor she was on to the one below. She put her right
arm out in front of her to break her fall and fell heavily onto her right wrist.

Lucy was taken to hospital where it was discovered that her right wrist was broken and needed to be
fixed under general anaesthetic and placed in a plaster cast. Lucy was in plaster for 8 weeks and
once the plaster was removed, she began physiotherapy sessions. Lucy thinks that Valley Delights
are responsible for her injury as the restaurant was poorly lit and the steps weren’t easy to see. At the
time of the accident, the restaurant manager told Lucy that she should have been looking where she
was going instead of at her phone, and that Valley Delights hadn’t done anything wrong.

Questions
1. What type of potential claim is this?
2. Lucy has said that she doesn’t want to communicate with Valley Delights – she just wants to
begin legal proceedings. Could/should she do this? Please explain your answer.

Assume that Lucy took the pre-action steps required but couldn’t reach agreement with Valley
Delights. She has decided to issue proceedings. For the purpose of this exercise, you can
assume that the value of Lucy’s claim for personal injuries (pain, suffering and loss of
amenity) exceeds £1,000 but does not exceed £8,000.

3. In which court should Lucy issue proceedings?

4. Which party bears the burden of proof in this case?
5. What is the standard of proof in this type of case?

Assume that Valley Delights responds by filing a defence.

6. To which track is this claim likely to be allocated?

The case proceeds to trial.

7. Will Lucy be required to give oral evidence at the trial?

8. If the judge decides that Lucy’s claim should succeed, will Valley Delights be convicted of an
offence/be found guilty?
9. If Lucy’s claim does not succeed, what would be the most likely route of appeal? You should
assume that the trial was heard by a District Judge in the County Court.