The Court System

• Classifications

  1. Criminal and civil courts.
  2. Trial and appellate courts.
• Criminal Courts

  • Determine guilt or innocence of criminals according to the criminal law and dispense punishment to convicted offenders.
• Civil Courts

  • Mostly deal with the resolution of disputes between parties.
  • Award appropriate remedies to successful claimants.
• Trial Courts

  • Hear cases at first instance.
  • They consider the matters of fact and law in the case and make an appropriate ruling.
• Appellate Courts

  • Consider the application of legal principles to a case that has already been heard at first instance.
• Supreme Court

  • Created in October 2009
  • Final court of appeal for all UK civil cases.
  • Final court of appeal for criminal cases from England, Wales, Northern Ireland and Northern Ireland.
  • Can hear appeals from the Court of Session in Scotland on Civil matters only.
  • Consists of 12 judges.
  • Has a President and Deputy President.
  • Does not hear evidence from witnesses.
• Court of Appeal

  • Split into two divisions.
  • Does not hear from witnesses.
  • Odd number of judges will sit.
  • Consist of Lord and Lady Justice of Appeal.
• CoA Criminal Division

  • Only hears appeals.
  • Deals with appeals against conviction, sentencing or a finding of fact.
  • Consists of Lord and Lady Justices of the Appeal.
  • Led by the Lord Chief Justice.
• CoA Civil Division

  • Deals with appeals from the three divisions of the High Court, the County Court and certain tribunals.
  • Made up of Lord and Lady Justices of Appeal.
  • Led by the Master of the Rolls.
• High Court Divisions

  • King's Bench Division
  • Chancery Division
  • Family Division
• High Court

  • Three divisions.
  • Consist of High Court Judges
  • None of the divisions have any significant criminal jurisdiction at first instance.
• Head of the King's Bench Division

  • Lord Chief Justice
  • Dame Victoria Sharpe
• Nominal Head of the Chancery Division

  • Lord Chancellor
• Head of the Family Division

  • President of the Family Division
  • The Right Honourable Sir Andrew McFarlane
• King's Bench Division

  • Hears criminal appeals from Magistrates' courts by way of case stated.
  • Appeals from the Crown Court sitting without a jury.
  • Civil jurisdiction includes contractual disputes and tort actions at first instance.
  • Appeals from the County Court.
• King's Bench Division Subdivisions

  • Administrative Court
  • Admiralty Court
  • Technology and Construction Court
  • Election Court
  • Commercial Court
• Chancery Division

  • Deals with business and property related disputes, competition, general chancery claims, patents claims etc.
  • Appeals from the County Court on matters such as bankruptcy.
  • Includes the Insolvency List, Companies List, IP Enterprise Court and Patents Court.
• Family Division

  • Deals with a child who is the subject of legal proceedings and must be protected.
  • International child abduction.
  • Forces marriage.
  • Female genital mutilation.
  • Applications for financial relief for a divorce that has taken place outside England or Wales.
• Crown Court

  • Trials on indictment (by jury).
  • Cases where the magistrates have declined jurisdiction before trial.
  • Cases where defendant has elected for trial at Crown Court.
  • Referrals for sentencing where the Magistrates' see their powers to be inadequate.
  • Appeals against sentence or conviction from the Magistrates Court.
• Crown Court Staff

  • High Court judges.
  • Circuit judges.
  • Deputy circuit judges.
  • Recorders
  • Deputy circuit judges (part time)
  • Recorders (part time)
• County Court

  • Uncomplicated civil matters.
  • Claims for debt repayment.
  • Compensation in personal injury cases.
  • Breach of contract concerning goods or property.
  • Administration of wills.
  • Bankruptcy proceedings.
  • Housing disputes, including mortgage, council rent matters and repossessions.
• Three Tracks of the County Court

  1. Small Claims Track
  2. Fast Track
  3. Multi Track
• County Court Staff

  • Circuit judges
  • Deputy circuit judges
  • District judges
  • Deputy district judges
• Family Court

  • Created in April 2014
  • Jurisdiction in all family proceedings.
  • National Court and can sit anywhere.
  • Usually sits in County Court Hearing Centres and Magistrates' Courts
• Magistrates Courts

  • All criminal proceedings begin at the Magistrates' and most end there.
  • Trail of summary offences
  • Applications for bail.
  • Issue of summonses and warrants for search and arrest.
  • Youth court.
  • Plea before venue hearings.
  • Committal proceedings for Crown Court Trial or sentence.
• Magistrates Civil Jurisdiction

  • Local government matters.
  • Recovery of civil debts.
• Magistrates' Court Staff

  • Justices of the Peace
  • District judge.
• Judicial Committee of the Privy Council

  • Court of final appeal for UK Overseas Territories, Crown Dependencies and Commonwealth countries that have retained the appeal to the King in Council.
• Judicial Committee of the Privy Council Staff

  • Justices of the UK Supreme Court
  • Members of the former judicial Committee of the House of Lords.
  • Privy Councillors who are or were CoA judges.
  • Privy Councillors who are judges of certain courts in commonwealth nations.
• Tribunals

  • Alternative to traditional courts.
  • Their use is mandatory in certain disputes.
  • More effective way of dealing with disputes in specialist areas.
  • Less formal procedure.
• Three Key Tribunal Characteristics (Frank Committee Report)

  • Fairness
  • Openness
  • Impartiality
• Upper Tribunal Chambers

  • Administrative Appeals Chamber
  • Tax and Chancery Chamber
  • Lands Chamber
  • Immigration and Asylum Chamber
• Master of the Rolls

  • Sir Geoffrey Vos
• Lord/Lady Chief Justice

  • Dame Sue Carr
• Where an English court is determining a question in which a Convention right has arisen, the court must take into account any decision of the European Court of Human Rights.