Courts and tribunals are the places where the legal system decides the outcome of disputes. This post is concerned with the courts and tribunals of England and Wales.
HM Courts and Tribunal Service (HMCTS) is an executive agency sponsored by the Ministry of Justice. It is responsible for the administration of criminal, civil and family courts in England and Wales, as well as the reserved unified tribunals across the United Kingdom. HMCTS works, but does not control, the independent judiciary.
Courts range from those with international authority (jurisdiction) ruling on legal matters with international impact to national courts determining disputes between either government (whether central or local) and "persons" or simply disputes between "persons."
Then there are criminal courts before which "persons" are prosecuted for alleged breaches of the criminal law.
The word "persons" includes not just individuals but also certain types of organisation
which have been given "legal personality" by the law. A simple example
of this is the Limited Company - e.g. Fred Jones Ltd. "Fred Jones
Ltd" as a company may be a party to a case in its own right.
Cases before the courts are classed as either Civil cases or as Criminal Cases.
A typical civil case is where person A alleges that B has breached a contract - (that is a legally enforceable agreement) - and that A has suffered loss as a result. Another example is where C claims that D has done something negligently and this has caused him damage such as personal injury.
The person bringing the claim in a civil case is known as "the claimant" and the other party is the "defendant."
Criminal cases are normally "prosecuted" by the State in the form of the Crown Prosecution Service (CPS) and the person on trial for the alleged breach of the criminal law is "the defendant." English law also permits "private prosecutions" and various public bodies are empowered to conduct certain prosecutions.
International Courts -
International Court of Justice - The United Nations Charter created the "International Court of Justice" which sits at The Hague. It is the principal judicial organ of the United Nations (UN).
The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.
The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council.
European Court of Human Rights - is the final judicial authority on the interpretation of the European Convention on Human Rights. This court sits at Strasbourg and operates under Council of Europe. The Council has 46 member States and seeks to promote democracy, human rights and the rule of law across Europe and beyond.
The European Convention on Human Rights basically requires governments to protect certain crucial rights such as the right to life, the right to a fair trial etc.
Sometimes, there is confusion between the Council of Europe and the European Union. They are distinct international organisations. The Council of Europe has 47 members whereas the European Union has 27 members.
The Court of Justice of the European Union sits at Luxembourg and is the final judicial authority on the law of the European Union. (See EU Institutions and Bodies). The rights of this court are based on the various Treaties (i.e. agreements between States) which created the European Union. Although the UK is no longer a member of the EU, the court retains some jurisdiction in relation to aspects of the agreements between the UK and the EU.
Judicial Committee of the Privy Council (JCPC)
The JCPC is the final court of appeal for the UK overseas territories and Crown dependencies. It also serves those Commonwealth countries that have retained the appeal to His Majesty in Council or, in the case of republics, to the Judicial Committee.
As part of its role, the JCPC is able to invite Justices from across its
jurisdiction to sit as part of the panel, sharing expertise, building
connections and working to develop a global judiciary to underpin the
rule of law.
The court's website is HERE.
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| Supreme Court of the UK |
Courts in England and Wales -
Parliament
The Parliament of the UK is sometimes referred to as the High Court of Parliament (here).
The "King in Parliament" is the ultimate law-making body for the UK. To become law, a BILL must pass both Houses of Parliament (Lords and Commons) and receive Royal Assent.
Supreme Court of the UK
The House of Lords was the final appeal court for all legal
matters in the U.K. with the exception of Scottish criminal cases. In practice, cases were heard by the Appellate Committee of the House of Lords. In
October 2009, the Supreme Court of the United Kingdom was created and took over the judicial work previously done by the House of Lords. The final court of appeal for Scottish criminal cases continues to be Scotland's High Court of Justiciary.
The Supreme Court has 12 justices and sits in its own separate building in Parliament Square, London. The court hears only the most important appeals and many of its cases involved difficult and serious issues touching on governmental power and the rights of the citizen.
Proceedings in the Supreme Court of the U.K.
may be watched live via the court's website.
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| Court of Appeal and High Court |
Court of Appeal and the High Court - (referred to as the senior Courts of England and Wales)
Below the Supreme Court comes the Court of Appeal which sits in two
divisions: Criminal and Civil. The vast majority of cases actually
finish either at this level or at lower levels. The Court of Appeal
usually sits at the Royal Courts of Justice in The Strand, London but
the court may sit elsewhere.
Its judges are known as Lords (or Lady) Justices of Appeal.
Underneath the Court of Appeal is the High Court of Justice which has three basic Divisions referred to as Queen's Bench, Chancery and Family though there are also several specialist courts known as the Administrative Court, the Technology and Construction Court, the Commercial Court and the Admiralty Court.
The High Court sits either in London or at major legal centres such as Manchester, Leeds, Birmingham etc. The judiciary in the High Court are the "Justices of the High Court."
The High Court essentially hears the more
difficult civil cases or where the financial amount at stake is very
considerable. Appeals from the High Court usually go to the Court of
Appeal (Civil Division) but, very occasionally, can "leapfrog" to the
Supreme Court.
The County Court -
since 22 April 2014 there is a single county court for England and Wales though the court sits as numerous locations.
As already mentioned, some civil cases must go to the High Court but it is either in the County Court or at a Tribunal that the vast majority of civil cases will be heard.
Appeal from the County Court is to the Court of Appeal (Civil
Division).
Crown Court - The Crown Court of England and Wales dates from the Courts Act 1971. It tries the most serious criminal cases which are heard by a Judge
sitting with a Jury of twelve.
There are various levels of judge. High Court Judges will preside over the most serious cases. Other levels of judiciary are Circuit Judges (many of whom take some very serious cases) and Recorders.
The Crown Court also hears appeals from the Magistrates' Courts . Appeals against conviction are heard by a Judge sitting with two Justices of the Peace. Appeals just against the sentence imposed by Magistrates is also possible and those are usually heard by a judge sitting alone.
The Family Court - since 22 April 2014 there is a Family Court for England and Wales but a limited number of cases are heard in the High Court (Family Division) - e.g. cases involving international abduction.
The judiciary in the Family Court can be High Court judges, Circuit Judges or Magistrates.
See Judiciary - Family Courts
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| Kidderminster Magistrates Court |
The Magistrates' Courts - over 90% of criminal cases are dealt with at the various Magistrates' Courts.
A Youth
Court hears criminal cases brought against children and young persons.
The Magistrates' Courts are manned by "Justices of the Peace" (JPs) who
do not have to be legally qualified but are advised on points of law
and procedure by a qualified legal adviser.
The number of Magistrates' Court locations have been reduced in recent times and also the number of members of the public appointed as Justices of the Peace.
The justices
normally sit in panels of three but an increasing number of cases are now heard by legally qualified District Judges (Magistrates' Courts)
who sit alone and have the full powers of the Magistrates' Court.
Coroners Courts -
See Judiciary - Coroners Courts
Coroners are independent judicial office holders. They are a type of specialist judge who investigates and explains certain kinds of deaths. Unlike the rest of the judiciary, they are appointed by local authorities. There are currently 77 coroner areas across England and Wales and each jurisdiction is locally funded.
Each coroner area is led by a Senior Coroner.
The office of the coroner was formally established in 1194, originally as a form of tax gatherer. In the centuries since this has evolved and now the role of the Coroner is to investigate deaths if they have reason to suspect that;
- The death was violent or unnatural; or
- The cause of death is unknown; or
- The deceased died while in state detention.
A Coroner's Court does not decide civil or criminal liability. In some
situations a Coroner must sit with a jury though this is relatively
rare. Many aspects of Coroners and their courts have been the subject
of considerable adverse comment in recent times. T
Tribunals - A very large number of cases are decided by Tribunals - e.g. claims for
unfair dismissal etc.
Since November 2008, the tribunals structure has been rationalised as a result of the Tribunals, Courts and Enforcement Act 2007. Basically, there are two tribunals known as First Tier Tribunal and Upper Tribunal.
The First Tier Tribunal divides into Chambers. The Upper Tribunal also divides into Chambers.
The tribunal system brings together lawyers and lay persons to hear cases. The lay members are selected because of their expertise in the subject-matter before the tribunal.
Other courts -
even the above is not a complete picture.
There is a single Court-Martial dealing with military matters for all three Armed Forces.
Ecclesiastical Courts exist to deal with the internal matters of the Church of England.
The Special Immigration Appeals Commission (SIAC) handles some of the difficult cases relating to "terrorism."
The Court of Protection which deals with the
affairs of those who are unable to manage their own affairs due to
disability etc.
To the "man in the street" this can appear to be a bewildering system. The system is the outcome of both history and the various changes made from time-to-time by Parliament. Old types of court (e.g. Assizes and Quarter Sessions) have disappeared only to to be
replaced by new - (the Crown Court).
Further changes are possible and perhaps desirable.
The original post (8 June 2011) is HERE
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