Civil and criminal law

Civil law concerns disagreements between indi­viduals over rights and responsibilities. Many civil cases relate to business contracts. The plaintiff (= the person who claims to have been wronged) brings an action against the defendant (= the person accused) in the hope of winning damages (= a financial payment) or an injunction (= a court order preventing the defendant from doing something that is causing harm). Taking a case to court is expensive, but people who do not have enough money may qualify for legal aid.

Criminal law deals with offences that involve harm to a person resulting from somebody breaking the law. The most serious offences include murder, manslaughter and theft. Cases are brought against criminals by the state, in England and Wales through the Director of Public Prosecutions and in Scot­land through procurators fiscal.

A basic principle of law in Britain is that anyone accused is innocent until proved guilty, so it is the job of the prosecution to prove beyond reasonable doubt that the defendant has broken the law as stated in the charge. If this cannot be proved the accused person must be acquitted (= allowed to go free, with no blame attached).

Courts in England and Wales

Every town has a ‘Magistrates’ Court, where minor cases are judged and more serious cases are examined briefly before being passed to higher courts. Cases are heard by three magistrates, called Justices of the Peace, who are specially trained members of the public advised by a legally qualified clerk. Young people under 17 are sent to special juvenile courts.

More serious criminal cases are heard in the ‘Crown Court’, which sits at a number of towns in England and Wales. Cases are heard by a judge and a jury. At the end of a trial the jury decides whether the defendant is guilty or not guilty. If its verdict is 'guilty' the judge decides the punishment.

Minor civil cases, such as divorce and bankruptcy proceedings, are heard in the County Courts. More serious cases are heard in the High Court of Justice. This is divided into the Chancery Division, the Queen's Bench and the Family Division. Cases are heard by one or more judges sitting together. Appeals against decisions of the County Courts also go to the High Court.

Appeals from the Crown Court or the High Cow go to the Court of Appeal. A few cases in which a question of law is in doubt are passed on to the House of Lords. Here the Lord Chancellor and Lords of Appeal, often called Law Lords make a final decision.

Дата добавления: 2015-11-14