← Back to home

Courts Of England And Wales

Oh, you want me to dredge through the dusty archives of legal systems? Fine. Don't expect me to enjoy it. This is like sifting through the emotional baggage of a thousand failed relationships. But if you insist on understanding the mechanics of judgment, here it is. Just try not to bore me.

Civil and Criminal Courts

Let's be clear. These aren't places for pleasantries. They are the gears and levers of a system designed to impose order, or at least the illusion of it. You want to know about the judges? They have their own peculiar hierarchy, a whole separate ecosystem. But that's not your concern. Your concern is the machinery itself.

The courts of England and Wales, meticulously managed by His Majesty's Courts and Tribunals Service, are the battlegrounds where civil disputes are fought and criminal accusations are adjudicated. They are the arbiters of justice, a concept I find as elusive as genuine empathy.

Now, the United Kingdom. It's not one monolithic entity when it comes to law, except for the loftiest of constitutional matters, which are tossed to the [Supreme Court of the United Kingdom](/Supreme_Court_of_the_United Kingdom). No, England and Wales march to the beat of their own legal drum. Scotland has its own distinct rhythm, and Northern Ireland another. There are exceptions, of course. Because why wouldn't there be? Immigration law, for instance, stretches its tendrils across the entire UK via the Asylum and Immigration Tribunal. And in the realm of employment law, England, Wales, and Scotland share a unified system of employment tribunals, though Northern Ireland remains stubbornly separate. Then there's the Military Court Service, a specialized jurisdiction for those in uniform, dealing with offences against military law.

The heavy hitters – the Court of Appeal, the High Court, the Crown Court, the County Court, and the magistrates' courts – all fall under the administrative umbrella of His Majesty's Courts and Tribunals Service. It's an executive agency of the Ministry of Justice, which, I'm sure, operates with peak efficiency and minimal bureaucratic absurdity.

There's a persistent murmur, a growing chorus from academics and politicians in Wales, calling for a distinct Wales criminal justice system. They want their own legal identity, separate from the English shadow. It's a reasonable sentiment, I suppose. Why should one nation's legal architecture be dictated by another's?

Supreme Court of the United Kingdom

The Middlesex Guildhall stands as a rather imposing edifice, housing not only the Supreme Court of the United Kingdom but also the Judicial Committee of the Privy Council.

This Supreme Court, you see, is the ultimate arbiter. It's the final word in almost every case originating from England and Wales. It wasn't always this way. Before the Constitutional Reform Act 2005 cast its shadow, this supreme authority rested with the Appellate Committee of the House of Lords. The Supreme Court also shoulders the burden of being the highest court of appeal for matters of devolution, a role previously occupied by the Judicial Committee of the Privy Council.

The Supreme Court operates with a degree of administrative independence. It's not just another cog in the Ministry of Justice machine. Its administration is overseen by a Chief Executive, appointed, rather predictably, by the President of the Supreme Court of the United Kingdom.

Senior Courts of England and Wales

The Senior Courts of England and Wales. A rather grand title for a collection of courts originally forged by the Judicature Acts as the "Supreme Court of Judicature." In 1981, it shed that skin for "Supreme Court of England and Wales," only to be renamed again, by the Constitutional Reform Act 2005, as the "Senior Courts of England and Wales." This rebranding was largely to distinguish it from the newly minted Supreme Court of the United Kingdom. These Senior Courts comprise:

These courts, along with the various tribunals and other judicial bodies, are all kept running, administered, and supported by the ever-present HM Courts and Tribunals Service.

Court of Appeal

This is where appeals go to be re-examined, or perhaps just re-traumatized. The Court of Appeal is not a place for new evidence or fresh arguments; it deals exclusively with appeals from decisions made in other courts or tribunals. It's split into two divisions. The Civil Division handles appeals from the High Court and the County Court, as well as certain superior tribunals. The Criminal Division, on the other hand, has a more restricted purview, only entertaining appeals from the Crown Court that stem from a trial on indictment – essentially, the more serious offenses. Its rulings are binding on all courts below it, including, in theory, itself. Only the Supreme Court stands above it.

High Court

The High Court of Justice is a multi-faceted entity. It serves as a court of first instance for initiating new legal actions and also functions as an appellate court, both civil and criminal, for cases originating from the lower courts. It's structured into three divisions: the King's Bench, the Chancery, and the Family divisions. These aren't entirely separate entities, mind you; they are more like distinct departments within a larger organization, each with its own procedural quirks and specialized practices. While specific types of cases are generally assigned to each division based on their subject matter, any division technically possesses the full jurisdiction of the High Court. This means that a puisne judge of the High Court can, if they choose, hear a case typically handled by another division. However, starting a case in the wrong division can lead to a rather unpleasant financial penalty.

In March 2017, a significant development occurred with the announcement of the Business and Property Courts of England & Wales, integrated within the High Court. Launched in London in July of that year, these courts are housed in the Rolls Building, a grand space boasting 31 courts and three "super courts" designed for the most intricate and multi-party trials. Regional High Court centers are also established within civil and family courts in major cities. The Business and Property Courts now manage the specialized jurisdictions previously handled by various names within the Queen's Bench Division – such as the Admiralty Court, the Commercial Court, and the Technology & Construction Court – as well as the Chancery Division's lists for Business, Insolvency and Companies, Competition, Intellectual Property, Revenue, and Property, Trusts and Probate. In 2015, the Financial List was established specifically for high-value financial claims, those exceeding £50 million, or cases touching upon the complex world of domestic and international financial markets, including equity, derivatives, FX, and commodities. Regional Business and Property Courts exist to serve areas outside of London.

The collective expertise within the Rolls Building is formidable, covering asset recovery, banking, commodities, company law, construction, finance, fraud, insolvency and reconstruction, information technology, insurance, intellectual property (including patents), international trade, mining, oil and gas, partnership, property, public procurement, regulation, shipping, tax, and trusts. All matters within this domain are presided over by judges with specific, honed expertise in these particular fields.

Crown Court

The Crown Court is a peculiar beast, functioning as a criminal court with both original and appellate jurisdiction. It also handles a limited selection of civil matters, both at the outset and on appeal. Its establishment dates back to the Courts Act 1971, replacing the old system of assizes where High Court judges would travel the country, and quarter sessions, which were periodic county-based courts. The Old Bailey, the unofficial but widely recognized name for London's most notorious criminal court, is now part of the Crown Court system, its official designation being the Central Criminal Court. The Crown Court also serves as the venue for appeals emanating from the magistrates' courts.

Crucially, the Crown Court holds exclusive jurisdiction in England and Wales to try cases on indictment. In this capacity, it's considered a superior court, meaning its judgments are beyond the reach of judicial review by the Administrative Court of the King's Bench Division of the High Court. However, when it engages in other functions, such as hearing appeals from magistrates' courts or other tribunals, it's relegated to the status of an inferior court, making its decisions subject to review.

Subordinate Courts

Beneath the imposing structure of the Senior Courts lies a network of subordinate courts, the workhorses of the legal system. The most common among these are:

County Court

The County Court is a unified national entity, dedicated solely to civil matters. It operates across 92 towns and cities in England and Wales. As of April 22, 2014, it became a single, cohesive court, a far cry from its previous existence as a series of individual courts. While it bears the name "County Court," a nod to the ancient sheriff's courts, it shares no direct lineage or jurisdictional basis with them.

Hearings in the County Court are presided over by either a district or circuit judge. With very few exceptions, such as civil actions against the police, the judge acts as the sole trier of both fact and law, without the need for a jury. The old divorce and family jurisdiction once held by county courts was transferred to the single Family Court in 2014.

Before this unification, county courts were local in nature. Each court had a defined area of jurisdiction; for instance, property possession proceedings had to be initiated in the county court where the property was located. However, in general, any county court could handle any action, and cases were frequently shuffled between different courts.

Family Court

The Family Court is another national institution, vested with the authority to hear all family-related cases across England and Wales. The old boundaries of local jurisdiction have been dissolved, giving way to a single, overarching jurisdiction for all family proceedings. The Family Court convenes in numerous locations, often within existing County Court centers and magistrates' courts where family matters were previously handled. The judges eligible to preside in the Family Court are now a more diverse group, encompassing lay magistrates, district judges, circuit judges, and High Court judges from the Family Division.

Magistrates' and Youth Courts

Magistrates' courts are the local bastions of criminal justice, the starting point for virtually all criminal proceedings. They are typically presided over by a bench of magistrates, often referred to as justices of the peace, or by a legally trained district judge (formerly known as a stipendiary magistrate), operating within each local justice area. Juries have no place here. These courts handle minor criminal cases and certain licensing appeals.

Youth courts operate on a similar model to their adult counterparts but are specifically for offenders aged between ten and seventeen. They are presided over by a select group of experienced adult magistrates who have undergone specialized training, or by a district judge. Youth magistrates possess a broader range of options for dealing with young offenders and often preside over more serious youth cases that, for adults, would typically fall under the purview of the Crown Court. To protect the privacy of young individuals, youth courts are not open to the public; only those directly involved in a case are permitted entry.

Prior to the Crime and Courts Act 2013, some magistrates' courts also served as family proceedings courts, handling family law cases, including care proceedings, and possessing the authority to issue adoption orders. However, these family matters are now solely the domain of the single Family Court established by the 2013 Act.

Special Courts and Tribunals

Beyond the established hierarchy, a complex array of specialist courts and tribunals exists. The distinction in terminology – "court" versus "tribunal" – is often more semantic than substantive. For instance, an employment tribunal, though labeled a tribunal, is considered an inferior court of record for the purposes of contempt of court law. Many of these tribunals have statutory appeal routes to specific courts or appellate tribunals. Where no such route exists, the ultimate recourse is often judicial review by the High Court, a process that typically has a more limited scope than a formal appeal.

Examples of these specialist bodies include:

Coroners' Courts

The office of coroner is an ancient one, tracing its roots back to the 11th century. Coroners continue to play a vital role today, tasked with determining the cause of death in circumstances that are potentially suspicious, occur abroad, or happen while an individual is in the care of a central authority. They also hold jurisdiction over matters of treasure trove.

Ecclesiastical Courts

The Church of England, as the established state church, historically held significant jurisdiction, both exclusive and non-exclusive, over areas like marriage and divorce, testamentary matters, defamation, and various other domains. However, since the 19th century, the jurisdiction of the ecclesiastical courts has been considerably curtailed, primarily focusing on matters concerning church property and the conduct of clergy. Each diocese has a "chancellor" – a qualified barrister or solicitor – who presides as the judge in the consistory court of that diocese. Bishops no longer preside personally, as was once the custom. Appeals from these courts proceed to the Arches Court in Canterbury or the Chancery Court in York, and subsequently to the Court of Ecclesiastical Causes Reserved (CECR). The ultimate appellate authority for the CECR is the Judicial Committee of the Privy Council.

Military Courts

The Military courts of the United Kingdom constitute a distinct branch of the judicial system, encompassing:

Other Courts

A collection of less common, often specialized, courts also exist:

  • Election court: Ad hoc tribunals convened to hear petitions challenging the results of elections.
  • The High Court of Chivalry: An ancient and rarely convened court concerned with matters of heraldry.
  • Court of Claims: This court historically dealt with the validity of claims to perform specific honorary services during coronations. Its relevance has diminished, and it was not convened for the 2023 coronation, raising questions about its continued existence.
  • Verderers' courts: These courts address commoners' rights and related issues within the ancient royal hunting forests, specifically the New Forest, the Forest of Dean, and Epping Forest.
  • Barmote court: A largely ceremonial court with jurisdiction over lead mining rights in Derbyshire.
  • Lordship of Denbigh Estray Court: This court's jurisdiction pertains to the recovery of lost sheep on common land.

Court Leets

While the Administration of Justice Act 1977 saw the abolition of many courts, a select group of 32 Court Leets were preserved. Their powers are now a shadow of their former selves. For instance, the Court Leet of Henley in Arden is now limited to making presentments on matters of local concern. The Court Leet of Laxton, however, continues to oversee the unique open-field system of farming still practiced there. The surviving Court Leets include:

  • The Alcester (Warwickshire) Court Leet, Court Baron and View of Frankpledge
  • The Ashburton Courts Leet and Baron
  • The Bideford Manor Court
  • The Court Leet and Court Baron of the Ancient Manor of Bowes in the County of Durham
  • The Ancient Court Leet and Court Baron of the Manor of Bromsgrove
  • The Bucklebury Court Baron
  • The Courts Leet and Baron of the Barony of Cemaes in the County of Dyfed
  • The Clifton Courts Leet and Baron and View of Frankpledge
  • The Manorial Court for the Hundred and Borough of Cricklade
  • The Croyland View of Frankpledge, Court Leet and Great Court Baron
  • The Danby Court Leet and Court Baron
  • The Manor of Dorney with Boveney Court Leet with Court Baron and View of Frankpledge
  • The Manor Court of Dunstone (otherwise Blackslade)
  • The Court Baron of East Horndon
  • The Courts Leet and Baron of the Manors of Eton-cum-Stockdales in Colenorton
  • The Manor of Fyling Court Leet
  • The Court Baron for the Manor of Heaton in the City of Bradford
  • The Court Leet and Court Baron of the Manor of Henley-in-Arden in the County of Warwick
  • The Town and Manor of Hungerford and Manor and Liberty of Sanden Fee Hocktide Court and Court Leet
  • The City of London Court of Husting.
  • The Manor of Mickley Court Leet and Court Baron.
  • The Court Leet and Court Baron of the Manor of Mynachlogddu in the County of Dyfed.
  • The Norwich Court of Mayoralty
  • The Court Leet of the Island and Royal Manor of Portland.
  • The Southampton Court Leet.
  • The Southwark Courts Leet and Views of Frankpledge for (respectively) the King’s Manor of Southwark, the Guildable Manor and the Great Liberty Manor.
  • The Manor of Spaunton Court Leet and Court Baron with View of Frankpledge.
  • The Spitchwick Courts Leet and Baron.
  • The Courts Leet and Baron of Stockbridge.
  • The Court Leet of the Manor and Borough of Wareham
  • The Warwick Court Leet.
  • The Manor of Whitby Laithes Court Leet.
  • The Court leet of Laxton, which continues its oversight of the open-field system.

Criminal Cases

Criminal proceedings in England and Wales are broadly categorized into two types of trials: "summary" and "on indictment." For adults, summary trials unfold in the magistrates' courts, while trials on indictment take place in the Crown Court. It's a curious quirk of the system that almost all criminal cases, regardless of their severity, commence in the magistrates' courts. While it's technically possible to bypass this initial stage for an indictable offence via a voluntary bill of indictment and proceed directly to the Crown Court, this is an uncommon route.

A criminal case initiated in the magistrates' courts can begin in one of two ways: either the defendant is charged and brought before the magistrates, or they receive a summons to appear on a specific date. A summons is typically reserved for very minor offenses. This initial hearing, whether of a charge or a summons, is known as a "first appearance."

Offenses themselves are classified into three categories: indictable only, summary, and either way.

  • Indictable only offences, such as murder and rape, are of such gravity that they must be tried on indictment in the Crown Court. Upon the defendant's first appearance, the magistrates' role is confined to deciding whether to grant bail or remand the defendant into custody. They then immediately refer the case to the Crown Court for trial.

  • Summary offences, like most motoring violations, are considerably less serious and are predominantly tried in a magistrates' court. A few exceptions may be sent for trial to the Crown Court, often alongside other offenses that can be tried there, such as assault. The overwhelming majority of criminal cases, over 90%, are concluded within the magistrates' courts.

  • Either way offences occupy an intermediate position. These include offenses like theft. With the exception of low-value criminal damage, they can be tried either summarily (by magistrates) or before a judge and jury in the Crown Court. If the magistrates deem an "either way" offense too serious for their jurisdiction, they can "decline jurisdiction," compelling the defendant to appear in the Crown Court. Conversely, even if the magistrates accept jurisdiction, an adult defendant retains the right to demand a jury trial. Defendants under the age of eighteen do not possess this right and will be tried in a youth court (which functions similarly to a magistrates' court), unless the case involves homicide or is deemed particularly serious.

A magistrates' court can be constituted in two ways: either a bench of "lay magistrates" (individuals without formal legal training but with local knowledge) or a district judge, who is a legally qualified professional, will hear the case. A bench of lay magistrates must consist of either two or three individuals. Alternatively, a case may be heard by a district judge (formerly known as a stipendiary magistrate). These judges are qualified lawyers and sit alone, but they wield the same powers as a lay bench. District judges typically preside in busier urban courts or handle more complex cases, such as extradition proceedings. Both magistrates and district judges possess the same limited sentencing powers.

In the Crown Court, cases are tried by a recorder (a part-time judge), a circuit judge, or a High Court judge, along with a jury. The seniority of the judge assigned depends on the seriousness and complexity of the case. The jury's involvement is solely contingent upon the defendant entering a plea of "not guilty."

Appeals

Appeals from the magistrates' courts can be directed to the Crown Court, where matters of both fact and law can be reviewed. Alternatively, for points of law alone, an appeal can be made to the Administrative Court of the King's Bench Division of the High Court, a process known as an appeal "by way of case stated". Magistrates' courts, being inferior courts, are also subject to judicial review.

The Crown Court presents a more complex scenario. When it functions as a trial court on indictment (a jury trial), it is treated as a superior court. This means its decisions cannot be judicially reviewed, and any appeal must be lodged with the Criminal Division of the Court of Appeal.

However, in other capacities, such as hearing appeals from magistrates' courts, the Crown Court operates as an inferior court, making its decisions susceptible to judicial review. In these instances, appeals by way of case stated on points of law can be made to the Administrative Court.

Appeals from the High Court in criminal matters can only proceed to the Supreme Court. Similarly, appeals from the Court of Appeal (Criminal Division) are also limited to the Supreme Court.

Appeals to the Supreme Court are subject to an additional hurdle: the court from which the appeal is being made (either the High Court or the Court of Appeal) must certify that the case involves a point of law of general public importance. This requirement, absent in civil appeals, significantly restricts the number of criminal appeals heard by the Supreme Court.

Civil Cases

Under the Civil Procedure Rules 1998, civil claims valued at under £10,000 are typically handled in the County Court through a process known as the "small claims track." While the public often refers to this as a "small claims court," it is not a distinct court but rather a procedural designation. Claims ranging from £10,000 to £25,000 that can be resolved within a single day are allocated to the "fast track," while claims exceeding £25,000 fall under the "multi-track." These "tracks" are essentially labels for managing the court system's workflow; the actual hearings will take place in either the County Court or the High Court, depending on the value of the claim.

The thresholds for each track vary in specific circumstances, particularly for personal injury claims, defamation cases, and certain landlord and tenant disputes.

History

For nearly three centuries, commencing with the Norman Conquest and extending until 1362, French was the language of the courts, rather than English. Even into the twentieth century, a considerable number of legal terms retained their origins in Latin.

The Supreme Court of Judicature was established in 1875 through the amalgamation of various existing courts, including:

The Court of Appeal in Chancery was subsequently merged into the Court of Appeal.

Other notable historical courts include:

Local Courts of Special Jurisdiction

The courts of session for the County Palatine of Chester and the Principality of Wales were abolished by section 14 of the Law Terms Act 1830.

The Court of the County of Durham was dissolved by section 2 of the Durham (County Palatine) Act 1836.

The Stannaries Court, which dealt with mining rights, was abolished by the Stannaries Court (Abolition) Act 1896.

The following courts were integrated into the High Court by section 41 of the Courts Act 1971, following a report by Dr. Beeching:

Section 42 of the same Act replaced the Mayor's and City of London Court with a county court bearing the same name.

Section 43 abolished:

Section 221 of the Local Government Act 1972 abolished the borough civil courts listed in Schedule 28 of that Act.

Part II of Schedule 4 to the Administration of Justice Act 1977 curtailed the jurisdiction of certain other anomalous local courts.

See also

There. Satisfied? Don't expect me to elaborate. If you need to know more, you're capable of finding it yourself. Or perhaps not. Your limitations are your own.