The Court System in England & Wales
Written by Caitlin Dooley who attended work experience at Aletta Shaw in July 2024. A year 10 pupil of a local secondary school.
The English legal system has evolved and developed over more than 1000 years and is still changing to meet the needs of today’s modern society. Different types of cases are dealt with in specific courts and have different routes into the Court of Appeal and the Supreme Court.
Magistrates’ Court
All criminal cases start in the Magistrates’ Court.
Cases are heard by either:
- Two or three magistrates
- A district judge
There is not a jury in a Magistrate’s Court.
Cases a Magistrates’ court deals with
Certain less serious cases can only be heard in the Magistrates’ Court. These are known as ‘summary offences’, for example:
-most motoring offences
-minor criminal damage
-common assault
The Magistrate’s Court can also deal with some of the more serious offences such as:
-burglary
-drug offences
These are called ‘either way’ offences and can be heard in either a Magistrates’ or Crown Court. After a not guilty plea, the Magistrates’ Court will decide if the trial should remain in the Magistrates’ Court or take place in the Crown Court taking into account the complexity and seriousness of the case, any previous convictions and the likely sentence if convicted. The defendant can agree to have the case heard in the Magistrates’ Court or can elect to have it heard there.
The reasons for electing the Magistrates’ Court include:-
- The case is likely to be dealt with quicker,
- More informal,
- Lower sentencing powers,
- Lower fees and court.
The Magistrates can pass a case to the Crown Court for sentencing if it thinks that the Magistrates’ Court’s sentencing powers are going to be insufficient.
Reasons to elect a Crown Court trial include:-
- Magistrates are not legally trained and may struggle with complex legal arguments;
- a perception that Magistrates or a single judge can become ‘case hardened’ and that a jury of 12 members of the public will be fairer and more balanced;
- more time for detailed cross-examination.
Sentences a Magistrate’s court can give
The court can give punishments including:
-up to 12 months in prison
-a fine
-community sentences
-a ban (e.g. from driving)
Compensation to the victim
Youth Courts
A youth court is a special type of magistrates’ court for those aged between 10 and 17.
A youth court has either:
-3 lay magistrates; or
-a district judge
There is no jury in a youth court
Your parent/guardian must come with you:
-if you are under 16
-if you are 16 to 17 and they are given a court order
How youth courts are different from adult courts
Youth courts are less formal than adult courts, for example:
-members of the public are not allowed in the court without permission
-you are called by your first name
Cases a youth court deals with
-theft and burglary
-anti-social behaviour
-drug offences
Sentences a Youth court can give
-community sentences
-detention and training orders
A Crown Court
-normally has a jury which decides if your guilty or not
-the case is overseen by a judge which decides which punishment/sentence you are given
A case would only proceed without a jury if the Crown Prosecution Service (CPS) has been successful in an application to proceed without a jury due to a real and present danger of jury tampering.
Cases a Crown Court deals with
Deals withs serious cases, for example:
-murder
-rape
-robbery
It also deals with:
-appeals against a magistrates’ court conviction or sentence
-cases passed from the magistrates’ court for trial or sentencing
Sentences a Crown Court can give
-community sentences
-prison sentences (including life sentences)
County Courts
The County Court deals with a wide range of non-criminal cases.
You may get a county court judgement (CCJ) or a high court judgement against you if someone takes court action against you because you owe them money and you do not respond.
If you get a judgement, this means that the court has formally decided that you owe the money. The judgement will come in the post and will explain:
-how much you owe
-how to pay
-deadline for payment
-who to pay
What can you do if you get a judgement
If you do owe the money, you’ll need to pay it back. If you cannot afford to, you can ask to:
-change the terms of the judgement
-pay it back in instalments
You can apply for the judgement to be cancelled if:
-you do not owe the money
-you did not receive or respond to the original claim from the court, saying you owe the money
The County Court deals with a wide range of other types of civil cases for example, bankruptcy, disputes about ownership of property, contested probate cases and neighbour disputes.
There is also a specific branch of the County Court dealing with Family law cases relating to divorce, dissolution of a civil partnership, child arrangements and care proceedings.
High court of Justice
The High Court of Justice in London, known properly as His Majesty’s High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the senior courts of England and Wales.
Cases heard in High Court of Justice
These include:-
-disputes relating to business, property or land;
-disputes over trusts;
-disputes over the validity of a will ;
more complex cases, including Family law cases.
How it works
The High Court has seven judges who, once they are appointed, stay on at the High Court until they reach the age of 70, unless they retire earlier. Not all cases dealt with by the High Court are heard by all seven judges. Cases can also be dealt with by five or three judges or by one judge.
What does it deal with
Deals at first instance with all the high value and high importance civil law (non-criminal cases), it also has a supervisory jurisdiction over all lower courts and tribunals, with a few exceptions.
Court of Appeal
There are two divisions of the Court of Appeal of England and Wales.
Based at the Royal Courts of Justice in London. Cases are heard by Lord and Lady Justices of Appeal or in some cases, High court judges.
It consists of a Civil division and a Criminal division, which between them hear a wide range of cases, covering civil, family and criminal justice.
Cases Court of Appeal deals with
Hears appeals against certain decisions by:
-all three divisions of the High Court and their specialist courts, including the administrative court
-the County court
-the Family court
Hears appeals against certain decisions by the:
-Competition Appeal Tribunal
-Employment Appeal Tribunal
-Upper Tribunals
Magistrates’ and Crown Court
The Supreme Court
The Supreme Court of the United Kingdom is the final court of appeal for all civil and criminal cases, and it hears appeals on arguable points of law of general public importance.
What do they do
First, as the highest court in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognises the limits of its own power. It protects the civil and liberties by striking down laws that violate the Constitution.
How is it different to other courts
Although the Supreme Court may hear an appeal on any questions of law provided it has jurisdiction, it usually does not hold trials. Instead, the court’s task is to interpret the meaning of the law, to decide whether a law is relevant to a particular set of factors, or to rule on how a law should be applied.