Crown Court

The Crown Court of England and Wales is a criminal court of both original and appellate jurisdiction which in addition handles a limited amount of civil business both at first instance and on appeal.

The Crown Court is the only court in England and Wales that has the jurisdiction to try cases on indictment (i.e. trial by judge and jury) and when exercising such a role it is a superior court in that its judgments cannot be reviewed by the Queen’s Bench Division of the High Court. It also hears appeals against decisions made in the magistrates’ courts and deals with cases sent from magistrates’ courts for sentence.

The Judges who normally sit in the Crown Court are High Court Judges, Circuit Judges and Recorders. Circuit Judges are the same Judges as sit in the County Court. Recorders are Barristers or Solicitors in private practice, who sit part time as Judges. The most serious cases (treason, murder, rape etc.) are allocated to High Court Judges and Senior Circuit Judges. The remainder are dealt with by Circuit Judges and Recorders, although Recorders will normally handle less serious work than Circuit Judges. The allocation is conducted according to directions given by the Lord Chief Justice of England and Wales.

3.1.3. 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 Scotland is rather different (the superior courts are High Court of Justiciary and Court of Session; the lower courts are Sheriff Courts and District Courts).

Date: 2015-01-11; view: 463