Criminal Justice Case Study

1480 Words 6 Pages
Due to his own careless driving, Sam has driven into the back of a vehicle which was inhabited by a driver at the time. Sam is requiring information regarding the structures of both civil and criminal courts. Sam’s actions have ultimately resulted in the injuries of the other driver and damage to the vehicle. Police were called to the scene where an arrest of Sam was made and a charge of dangerous driving was positioned. The injured driver has the intent to sue Sam in negligence for the damages to the vehicle and the personal injuries gained from the incident.
The Criminal courts deal with criminal matters. Summary, indictable and either-way offences all go through the criminal courts. If Sam’s case was to go through
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Potential grounds for appeal can be on the basis of ‘misdirection of law or facts, failure to refer to a defence, inappropriate comments by the judge, or jury irregularity.’ as stated in the AQA Law book. The Court of appeal consists of three senior judges, the superior of the three is referred to as the lady/lord chief justice. They have the power to quash convictions, in addition to the Criminal Appeal Act (1968) that makes it permissible for judges to call a retrial on similar charges. If an appeal does occur, the case will progress onto the supreme court where there is more often than not a collection of seven judges to allow a balanced bench. If necessary, the Supreme Court can send the case lower down the court system if they consider the case to be somewhat beneath …show more content…
It is considered to be the final court of appeal for matters on English Law. The Constitutional Reform Act (2005) spurred the creation of the Supreme Court as a replacement for the House of Lords. This change occurred during October of 2009. There is no link between Parliament and the Supreme Court. The judges involved with this court are known as the Justices of the Supreme Court. The majority of cases that reach the Supreme Court are in relation to general public importance. Leave to appeal must be gained from either the Supreme Court or the original court. Appeals are mainly received from the Court of Appeal, civil division. However, the Administration of Justice Act (1969) allowed a procedure known as ‘Leap-frog’. This means that if a High Court Judge states a case to be adequate for the Supreme Court and the Supreme Court grants leave to appeal it is permissible for a case to leap-frog directly from the High Court to the Supreme

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