How can courts be created in the UK?

I

The most common type of law court in England and Wales is the magistrates’ court. There are 700 magistrates’ courts and about 30,000 magistrates.

More serious criminal cases then go to the Crown Court, which has 90 branches in different towns and cities. Civil cases (for example, divorce or bankruptcy cases) are dealt with in County courts.

Appeals are heard by higher courts. For example, appeals from magistrates’ courts are heard in the Crown Court. The highest court of appeal in England and Wales is the House of Lords. (Scotland has its own High Court in Edinburgh, which hears all appeals from Scottish courts.) Certain cases may be referred to the European Court of Justice in Luxembourg.

The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners’ courts (which investigate violent, sudden or unnatural deaths). There are administrative tribunals which make quick, cheap and fair decisions with much less formality. Tribunals deal with disputes between individuals, and disputes between individuals and government departments (for example, over taxation).

II

Nowadays courts can be created only by act of Parliament. Courts can be classified in a number of ways, for example, superior and inferior courts. The most usual difference is, however, between criminal and civil courts.

In criminal cases the courts are the first to hear cases are the magistrates’ courts and the Crown Court (for most serious cases). The Court of appeal in London has a Criminal Division and a Civil Division. It hears appeals in criminal cases from the Crown Court, and in civil cases, from county courts and the High Court. The highest court of Appeal in England, Wales and Northern Ireland is the House of Lords (Scotland has its own High Court).

Magistrates’ Courts

A magistrates’ court usually consists of a ‘bench’ of three lay, unpaid magistrates known as justices of the peace ‘JP’s. There are nearly 28,000 lay magistrates serving some 450 courts.

Usually those charged with criminal offences first appear in a magistrates’ court. The less serious offences are tried by the magistrates themselves. The most serious offences, such as murder, manslaughter, rape and robbery, are tried on indictement (or formal accusation) only by the Crown Court. Usually those charged with such offences first appear before a magistrates’ court, which decides whether to commit them to the Crown Court for trial.

Youth Courts

Cases involving people under 18 are heard in youth courts (formerly juvenile courts). These are special magistrates’ courts. There are restrictions on public access and media coverage.

The Crown Court

The Crown Court sits at about 90 centres and it presided over by High Court judges, full-time ‘circuit judges’ and part-time recorders. England and Wales are divided into six circuits for the purpose of hearing criminal cases.

The Crown Court tries the most serious offences. All contested cases are presided over by a judge sitting with a jury.

The High Court deals with the more complicated civil cases (it also cover some serious cases) as well as dealing with appeals from tribunals and from magistrates’ courts in both civil and criminal matters. It has several divisions, such as the family division dealing with the family problems or the Chancery Division dealing with wills, administration of property, etc.

Comprehension check

What is the most common type of law in England and Wales?

Where do more serious criminal cases go?

How many branches does The Crown Court have?

Where are civil cases dealt with?

What is the highest court of appeal in England and Wales?

What is coroner’s court?

What kind of cases do tribunals deal with?

THE LEGAL PROFESSION IN GREAT BRITAIN

Warming-up questions