Subordinate courts

3.1.3.1. County Courts

County Courts are statutory courts with a purely civil jurisdiction. They are presided over by either a District or Circuit Judge and, except in a small minority of cases such as civil actions against the Police, the judge sits alone as trier of fact and law without assistance from a jury. County Courts are local courts in the sense that each one has an area over which certain kinds of jurisdiction – mostly actions concerning land – are exercised.

The County Court is the workhorse of the civil justice system in England and Wales. There are 218 county courts which deal with the majority of civil cases, as well as some family and bankruptcy hearings. A large number of cases come before the county courts and it is here that all but the most complicated civil law proceedings are handled. The County Courts generally hear matters with a financial value of £50,000 or under.

3.1.3.2. Magistrates’ Courts

A Magistrates’ Court, or court of petty sessions, is the lowest level of court in England and Wales and many other common law jurisdictions. Magistrates’ Courts are presided over by a tribunal consisting of two or more (most commonly three) lay magistrates or Justices of the Peace, or a legally-trained District Judge, sitting in each local justice area, and dispensing summary justice, under powers usually limited by statute. The tribunal that presides over the Court is often referred to simply as the Bench.

The magistrates' courts are a key part of the criminal justice system – virtually all criminal cases start in a magistrates' court and over 95% of cases are also completed here. In addition, magistrates’ courts deal with many civil cases, mostly family matters plus liquor licensing, betting and gaming work.

3.2. The Court System of Scotland and Northern Ireland

In Northern Ireland and Scotland there are autonomous judiciary systems. In Northern Ireland the judiciary comprises courts analogous to England and Wales’s ones (Court of Appeal, High Court, Crown Court, County Courts and Magistrates’ Courts). The system of courts in Scotlandis rather different (the superior courts are High Court of Justiciary and Court of Session; the lower courts are Sheriff Courts and District Courts).

Date: 2014-12-29; view: 981