The Machinery of Justice (AS Level Law 9084)

Welcome to one of the most practical chapters in the English Legal System! The "Machinery of Justice" is simply the engine room of the law—it covers the physical structures (the courts) and the procedures (the processes) used to resolve disputes in England and Wales.

Understanding this topic is crucial because it shows how legal theories turn into real-life outcomes, whether it's dealing with a small customer complaint or prosecuting a serious crime.

Key Concepts to Remember

  • Civil Law: Deals with disputes between individuals or organisations (e.g., contract breach, negligence).
  • Criminal Law: Deals with actions considered harmful to society, prosecuted by the State.

1.2.1 Civil Courts and Civil Process

Civil justice is where people seek remedies (usually compensation/damages) when their rights have been infringed. The court structure deals with cases based on their complexity and financial value.

The Hierarchy of Civil Courts (Lowest to Highest)
  • Magistrates’ Court: Very limited civil role, mainly dealing with family matters, licensing, and some administrative appeals.
  • County Court: Handles the vast majority of all civil claims, including contract disputes, tort claims, and low-to-medium value personal injury cases.
  • High Court: Deals with the largest and most complex cases. It is divided into three divisions:
    • Queen’s Bench Division (QBD): Contract, tort, judicial review.
    • Chancery Division: Land, trusts, intellectual property.
    • Family Division: Complex matrimonial and child welfare matters.
  • Court of Appeal (Civil Division): Hears appeals from the High Court and County Court.
  • Supreme Court (SC): The final court of appeal for all civil matters.
The Woolf Reforms (1999)

Before the late 1990s, the civil system was criticised for being too slow, costly, and complex. Lord Woolf led major reforms to address this. The key goals were to make the process:

Faster, Cheaper, and Simpler. (Easy mnemonic: F-C-S)

The reforms introduced a new set of rules (the Civil Procedure Rules, or CPR) focusing on courts managing the cases actively (case management).

Pre-trial Procedures and Case Allocation

Once a claimant decides to sue, they follow several steps before trial:

  1. Issuing the Claim: The claimant sends the court documents (Claim Form and Particulars of Claim) to the defendant.
  2. Defence: The defendant must file a defence or acknowledge service.
  3. Case Management: The court decides which "track" the case should follow.

Allocation of Cases (The Three Tracks):

  • 1. Small Claims Track:
    • Value: Generally for claims up to £10,000 (though this figure can change).
    • Process: Informal, quick, and designed for non-lawyers. Costs are generally irrecoverable, meaning parties aren't financially punished severely if they lose. This is like "DIY Justice."
  • 2. Fast Track:
    • Value: Claims between £10,000 and £25,000.
    • Process: Aimed at quick resolution. Strict timetables (trial usually held within 30 weeks) and limits on expert evidence.
  • 3. Multi-Track:
    • Value: Claims over £25,000, or complex cases regardless of monetary value.
    • Process: Flexible case management tailored to the specific complexity of the case.
Civil Appeals

Appeals usually follow the court hierarchy, but often with a requirement for permission (leave) to appeal. The general rule is that an appeal goes to the next highest court.

Key Takeaway: The Civil Justice system uses the Woolf Reforms to ensure efficiency, allocating cases based on value and complexity into three distinct tracks.

1.2.2 Alternative Methods of Dispute Resolution (ADR)

ADR refers to ways of resolving disputes outside of the formal court system. Courts now actively encourage parties to use ADR because it saves time, costs, and stress.

Types of ADR
  1. Negotiation:
    • Definition: The simplest form, involving the parties communicating directly (or through their lawyers) to reach a compromise.
    • Status: Non-binding until a settlement contract is signed.
    • Analogy: Agreeing with your neighbour to split the cost of a damaged fence.
  2. Conciliation and Mediation:
    • Definition: Both involve a neutral third party facilitating discussion.
    • Mediator: Helps the parties explore solutions and understand each other’s positions, but does not offer an opinion on the merits of the case.
    • Conciliator: Similar to a mediator, but may take a more active role, suggesting potential solutions or compromises.
    • Status: Non-binding unless the parties agree to a settlement contract.
  3. Arbitration:
    • Definition: The parties submit their dispute to a neutral third party (the arbitrator) who makes a final, legally binding decision (an award).
    • Key Law: Governed by the Arbitration Act 1996.
    • Scott v Avery Clauses: These are contractual terms that state that if a dispute arises, the parties must go to arbitration before they can take the matter to court.
    • Status: Generally legally binding and enforceable in court. This is the most formal type of ADR.

Quick Review: Benefits of ADR

ADR is often faster, cheaper, more confidential, and allows the parties to maintain better relationships than formal litigation.

1.2.3 Criminal Courts and Criminal Process

Criminal courts determine whether a defendant is guilty of an offence and, if so, impose an appropriate sentence.

The Hierarchy of Criminal Courts
  • Magistrates’ Court: The backbone of the criminal system. Hears all trials for minor offences and conducts preliminary hearings for more serious ones. About 95% of criminal cases are completed here.
  • Crown Court: Deals with all serious criminal offences (indictable) and trials involving a judge and jury. Also hears appeals from the Magistrates’ Court.
  • Court of Appeal (Criminal Division): Hears appeals against conviction and/or sentence from the Crown Court.
  • Supreme Court (SC): The final court of appeal on points of law of general public importance.
Classification of Criminal Offences

The severity of an offence determines which court has jurisdiction:

  1. Summary Offences:
    • Definition: Minor crimes (e.g., minor driving offences, common assault).
    • Trial Venue: Magistrates’ Court only.
  2. Indictable Offences:
    • Definition: Serious crimes (e.g., murder, rape, robbery).
    • Trial Venue: Crown Court only (heard before a judge and jury).
  3. Triable Either Way Offences:
    • Definition: Mid-range crimes (e.g., theft, grievous bodily harm (GBH)).
    • Trial Venue: Can be heard in either the Magistrates' Court or the Crown Court.
    • Procedure: The magistrate decides if the case is suitable for their court (mode of trial). If they accept jurisdiction, the defendant still has the right to elect for trial by jury at the Crown Court.
Bail (Freedom pending trial)

Bail allows a defendant to be released from custody while awaiting trial. There are two main types:

1. Police Bail (Granted at the Police Station):

  • Governed by Police and Criminal Evidence Act 1984 (PACE) and the Criminal Justice and Public Order Act 1994.
  • The police can grant bail after charging a suspect, requiring them to return to the station or court later.

2. Bail from the Court:

  • Governed primarily by the Bail Act 1976.
  • There is a presumption in favour of bail (the suspect should be granted bail unless specific reasons prevent it).

Factors and Conditions for Refusing Bail (Bail Act 1976):

Bail can be refused if there are substantial grounds to believe the defendant might:

  • Fail to surrender to custody (i.e., run away).
  • Commit an offence while on bail.
  • Interfere with witnesses or obstruct the course of justice.

(Memory Aid: FC-I – Failing, Committing, Interfering)

Key Takeaway: Criminal cases are classified into three types, determining the appropriate court. The Bail Act 1976 establishes a fundamental right to bail unless there are solid reasons to refuse it.

1.2.4 Police Powers and the Protection of Suspects

Police powers are extensive, but in a democratic society, these powers must be strictly controlled to protect individual liberty. The main regulatory framework is the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice.

Stop and Search (ss1-7 PACE; PACE Code A)

The police can stop and search individuals or vehicles if they have reasonable grounds to suspect they will find stolen goods, prohibited items, or weapons.

  • Key Point: Random searches are illegal. The power relies on objective suspicion (e.g., acting suspiciously, possessing tools for crime), not prejudice.
  • Other specific legislation allows searches, such as the Misuse of Drugs Act 1971.
Arrest (s24 PACE, as amended by SOCPA 2005)

An arrest must be lawful. The officer must inform the person they are under arrest and the grounds for the arrest. The arrest must be necessary (e.g., to prevent injury, to allow prompt and effective investigation, or because the person is unlikely to attend court voluntarily).

Detention of Suspects (ss34–46 PACE; PACE Code C)

PACE sets strict time limits for detention before charge:

  • Initial maximum detention: 24 hours.
  • Can be extended up to 36 hours with authorisation from a senior officer.
  • Can be extended up to 96 hours if authorised by a Magistrate (for serious indictable offences).

Role of the Custody Officer (PACE Code C):

When a suspect arrives at the station, they are placed in the care of the Custody Officer. This officer (who must be at least the rank of Sergeant and separate from the investigation team) is responsible for protecting the rights and welfare of the detained person. They are essentially the suspect's watchdog.

Rights of the Detained Person (s56, s58 PACE; PACE Code C)

Detained suspects have fundamental rights:

  • The right to have someone informed of their arrest (s56).
  • The right to legal advice (s58). This right is fundamental and usually cannot be delayed.
  • For juveniles or mentally vulnerable persons, an Appropriate Adult must be present during questioning.
Treatment of Suspects and Interviews (ss60, 61, 62, 63 PACE; Codes E & F)
  • Interviews (Code E & F): Must be recorded (usually audio or video) and cannot involve oppression.
  • Searches and Samples (s61-63): Police can take fingerprints and non-intimate samples (e.g., saliva) without consent, but intimate samples (e.g., blood) require consent and authorisation.
Impact of Breaching PACE Rules

If the police violate these strict rules, the evidence obtained may be inadmissible (thrown out) in court. This is a crucial check on police power:

  • Exclusion under s76 PACE: If a confession was obtained through oppression (torture, inhuman or degrading treatment) or through anything said or done likely to make the confession unreliable, it must be excluded.
  • Exclusion under s78 PACE: The court may exclude evidence if admitting it would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. This gives the judge discretion to exclude evidence obtained improperly.

Key Takeaway: PACE 1984 ensures suspects' rights are protected through time limits, the presence of a Custody Officer, and the potential exclusion of evidence if procedures are breached.