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The legal system in England
and Wales
The
description which follows applies to England and Wales (and, with a few minor
differences to Northern Ireland). Only the court functions concerning health
and safety are mentioned. Figure below
shows the court hierarchy in schematic form.
Criminal law
Magistrates
Courts Most criminal cases begin and end in the Magistrates Courts. Health and
safety cases are brought before the court by enforcement officers (Health and
Safety Executive or Local Authority Environmental Health Officers) and they are
tried by a bench of three lay magistrates (known as Justices of the Peace) or a
single district judge. The lay magistrates are members of the public, usually
with little previous experience of the law, whereas a district judge is legally
qualified.
Introduction
to Health and Safety in Construction
The
Magistrates Court has limited powers with a maximum fine of £5000 (for
employees) to £20 000 for employers or for those who ignore prohibition
notices. Magistrates are also able to imprison for up to six months for
breaches of enforcement notices. The vast majority of
health
and safety criminal cases are dealt with in the Magistrates Court.
Crown
Court The Crown Court hears the more serious cases, which are passed to them
from the Magistrates Court – normally because the sentences available to the
magistrates are felt to be too lenient. Cases are heard by a judge and jury,
although some cases are heard by a judge alone. The penalties available to the
Crown Court are an unlimited fine and up to two years imprisonment for breaches
of enforcement notices. The Crown Court also hears appeals from the Magistrates
Court.
Appeals
from the Crown Court are made to the Court of Appeal (Criminal Division) who
may then give leave to appeal to the most senior court in the country – the House
of Lords. The most senior judge at the Court of Appeal is the Lord Chief
Justice.
Civil law
County Court
The
lowest court in civil law is the County Court which only deals with minor cases
(for compensation claims ofup to £50 000 if the High Court agrees). Cases are normally
heard by a judge sitting alone. For personal injury claims of less than £5000,
a small claims court is
also
available.
High Court
Most
health and safety civil cases are heard in the High Court (Queen’s Bench
Division) before a judge only. It deals with compensation claims in excess of
£50 000 and acts as an appeal court for the County Court. Appeals from the High
Court are made to the Court
of
Appeal (Civil Division). The House of Lords receives appeals from the Court of
Appeal or, on matters of law interpretation, directly from the High Court. The
most senior judge at the Court of Appeal is the Master of the Rolls.
The
judges in the House of Lords are called Law Lords and are sometimes called upon
to make judgements on points of law, which are then binding on lower courts.
Such judgements form the basis of Common Law, which is covered later.
Other courts – Employment Tribunals
These
were established in 1964 and primarily deal with employment and conditions of
service issues, such as unfair dismissal. However, they also deal with appeals over
health and safety enforcement notices, disputes between recognized safety
representatives and their employers and cases of unfair dismissal involving health
and safety issues. There are usually three members who sit on a Tribunal. These
members are appointed and are often not legally qualified. Appeals from the
Tribunal may be made to the Employment Appeal Tribunal or, in the case of
enforcement notices, to the High Court. Appeals from
Tribunals can only deal
with the clarification of
points of law.
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1 comments:
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