Types of Courts

In England and Wales the majority of cases are considered by Magistrates’ courts. These courts hear and determine criminal cases, for which jury trial is not required. These courts can also conduct preliminary investigation into more serious criminal offences. The limited civil jurisdiction of Magistrates’ courts extends to matrimonial proceedings for custody, adoption orders, guardianship orders. Magistrates or Justices of the peace (JPs) can be full time legally qualified lawyers, or unpaid lay magistrates. Magistrates are appointed by the Lord Chancellor.

The next step in civil courts is represented by County courts. County courts deal with contract and tort, trust and mortgage cases, actions for the recovery of land, hire purchase, landlord and tenant relations, divorce cases, complaints of race and sex discrimination.

The courts of similar status for criminal cases are Crown courts. They deal with contested trials of more serious cases before a jury, they also consider appeals from magistrates’ courts. Crown court is presided over by High Court judges.

Besides there are Juvenile courts, which consider criminal cases against people under 17, and Coroners’ courts, which investigate violent and unnatural deaths or sudden deaths where the cause is unknown.

The courts of a higher status are: the High Court of Justice and the Court of Appeal. The High Court of Justice is divided into the Chancery division, which deals with the interpretation of wills and the administration of estates, the Queen’s Bench Division, which deals with maritime and commercial law, and the Family division, with all jurisdiction affecting the family. Lord Chancellor is president of the Chancery Division. The Queen’s Bench Division is presided over by the Lord Chief Justice of England, who ranks next to the Lord Chancellor, and the Family Division is headed by the President. The Court of Appeal considers appeals from Crown Court. The Supreme Court consists of the Court of Appeal, the High Court and the Crown Court. A person convicted at a magistrates’ court may appeal to the Crown Court, while a person convicted at the Crown Court may appeal to the Court of Appeal and finally to the House of Lords. The highest court in the land is the House of Lords. This court is composed of the Lords of Appeal, who are lawyers of eminence generally appointed from amongst the judges of the Court of Appeal. They deal with points of law of general public importance brought before them on appeal from the Supreme Court. At the top of Judicial system is the Lord Chancellor. The Lord Chancellor’s Department was founded in 1885 by the creation of the post of Permanent Secretary. However, it wasn't until 1972, after the Courts Act 1971 came into force, that it assumed most of its present role and responsibilities. The Department's essential function is to promote the fair, efficient and effective administration of justice in England and Wales. Broadly speaking the Lord Chancellor is responsible for: appointing, or advising on the appointment of, judges; the administration of the court system and a number of tribunals; the provision of legal aid and legal services; and the promotion of reform and revision of English civil law. In addition, following the 2001 general election, the Department assumed responsibility for Human Rights, Freedom of Information, Data Protection, Reform of the House of Lords and a range of constitutional matters. In June 2002 the Department took over responsibility for Electoral Law, Data Sharing and Party Funding.