The courts of England and Wales, supported administratively by
His Majesty's Courts and Tribunals Service
His Majesty's Courts and Tribunals Service (HMCTS) is an executive agency of the Ministry of Justice. It was created on 1 April 2011 (as Her Majesty's Courts and Tribunals Service) by the merger of Her Majesty's Courts Service and the Tribunal ...
, are the
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
and
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
s responsible for the
administration of justice
The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. The phrase is also commonly used to ...
in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
.
The
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
does not have a single unified legal system—
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
has one system,
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
another, and
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
a third. There are exceptions to this rule; for example in
immigration law
Immigration law refers to the national statutes, regulations
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the ...
, the
Asylum and Immigration Tribunal
The Asylum and Immigration Tribunal (AIT) was a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions. It was created on 4 April 2005, replacing the former Immigration Appellate Auth ...
's jurisdiction covers the whole of the United Kingdom, while in
employment law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
there is a single system of
employment tribunal
Employment tribunals are tribunal public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, red ...
s for England, Wales, and Scotland but not Northern Ireland. Additionally, the
Military Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to
offences against military law.
The
Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
, the
High Court, the
Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
, the
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
, and the
magistrates' courts
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cour ...
are administered by
His Majesty's Courts and Tribunals Service
His Majesty's Courts and Tribunals Service (HMCTS) is an executive agency of the Ministry of Justice. It was created on 1 April 2011 (as Her Majesty's Courts and Tribunals Service) by the merger of Her Majesty's Courts Service and the Tribunal ...
, an executive agency of the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
.
Supreme Court of the United Kingdom
The
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
is the highest appeal court in almost all cases in England and Wales. Before the
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lo ...
this role was held by the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
. The Supreme Court is also the highest court of appeal for
devolution
Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories h ...
matters, a role previously held by the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
.
The Supreme Court has a separate administration from the other courts of England and Wales, and its administration is under a Chief Executive who is appointed by the
President of the Supreme Court of the United Kingdom
The President of the Supreme Court of the United Kingdom is equivalent to the now-defunct position of Senior Lord of Appeal in Ordinary, also known as the Senior Law Lord, who was the highest ranking among the Lords of Appeal in Ordinary (the ju ...
.
Senior Courts of England and Wales
The Senior Courts of England and Wales were originally created by the Judicature Acts as the "Supreme Court of Judicature". It was renamed the "Supreme Court of England and Wales" in 1981, and again to the "Senior Courts of England and Wales" by the
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lo ...
(to distinguish it from the new
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
). It consists of the following courts:
*
Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
(formally His Majesty's Court of Appeal in England
[Schedule 1 of the Interpretation Act 1978]
/ref>)
*High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...
(High Court, formally His Majesty's High Court of Justice in England[)
*]Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
The Senior Courts of England and Wales, along with the Tribunals and other courts, are administered and supported by HM Courts and Tribunals Service
His Majesty's Courts and Tribunals Service (HMCTS) is an executive agency of the Ministry of Justice. It was created on 1 April 2011 (as Her Majesty's Courts and Tribunals Service) by the merger of Her Majesty's Courts Service and the Tribunals ...
.
Court of Appeal
The Court of Appeal deals only with appeals from other courts or tribunals. The Court of Appeal consists of two divisions: the Civil Division hears appeals from the High Court and the County Court and certain superior tribunals, while the Criminal Division may only hear appeals from the Crown Court
This article concerns appeals against decisions of the Crown Court of England and Wales. The majority of appeals against Crown Court decisions are heard by the Criminal Division of the Court of Appeal of England and Wales, Court of Appeal.
Jurisd ...
connected with a trial on indictment (i.e., for a serious offence). Its decisions are binding on all courts, including itself, apart from the Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
.
High Court
The High Court of Justice functions both as a civil court of first instance
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance w ...
and a criminal and civil appellate court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
for cases from the subordinate courts. It consists of three divisions: the King's Bench, the Chancery, and the Family divisions. The divisions of the High Court are not separate courts but have somewhat separate procedures and practices adapted to their purposes. Although particular kinds of cases will be assigned to each division depending on their subject matter, each division may exercise the jurisdiction of the High Court. However, beginning proceedings in the wrong division may result in a cost penalty.
The formation of The Business and Property Courts of England & Wales within the High Court was announced in March 2017, and launched in London in July 2017. The courts would in future administer the specialist jurisdictions that had previously been administered in the Queen's Bench Division under the names of the Admiralty Court, the Commercial Court, and the Technology & Construction Court, and under the Chancery Division's lists for Business, Company and Insolvency, Competition, Intellectual Property, Revenue, and Trusts and Probate.
Crown Court
The Crown Court 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. It was established by the Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom, the purpose of which was to reform and modernise the courts system of England and Wales.
It established the Crown Court, introduced the posts of circuit judge and recorde ...
. It replaced the assizes
The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
whereby High Court judges would periodically travel around the country hearing cases, and quarter sessions
The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
which were courts held periodically in counties, county borough
County borough is a term introduced in 1889 in the United Kingdom of Great Britain and Ireland, to refer to a borough or a city independent of county council control, similar to the unitary authorities created since the 1990s. An equivalent ter ...
s and certain boroughs.[''Whitaker's Almanack'' 1968, pp 465-6.] The Old Bailey
The Central Criminal Court of England and Wales, commonly referred to as the Old Bailey after the street on which it stands, is a criminal court building in central London, one of several that house the Crown Court of England and Wales. The s ...
is the unofficial name of London's most famous criminal court, which is now part of the Crown Court. Its official name is the "Central Criminal Court". The Crown Court also hears appeals from magistrates' court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cour ...
s.
The Crown Court is the only court in England and Wales that has the jurisdiction to try cases on indictment, and when exercising such a role, it is a superior court in that its judgments cannot be reviewed by the Administrative Court of the King's Bench Division of the High Court.
The Crown Court is an inferior court in respect of the other work it undertakes, viz. inter alia, appeals from the magistrates' courts and other tribunals.
Subordinate courts
The most common subordinate courts in England and Wales are
* County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
* Family Court
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintif ...
* Magistrates' court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cour ...
s
* Youth court
A juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes that are committed by children who have not attained the age of majority. In most modern legal s ...
s
County Court
The County Court is a national court with a purely civil jurisdiction, sitting in 92 different towns and cities across England and Wales. As of 22 April 2014 there has been a single County Court for England and Wales where previously there was a series of courts. The County Court is so named after the ancient sheriff's court held in each county, but it has no connection with it nor indeed was the jurisdiction of the county courts based on counties.
A County Court hearing is 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 a trier of fact and law without assistance from a jury. The old county courts' divorce and family jurisdiction was passed on 22 April 2014 to the single Family Court.
Until unification in 2014, county courts were local courts in the sense that each one has an area over which certain kinds of jurisdiction, for example, proceedings for possession of the land had to be started in the county court in whose district the property lay, but in general, any county court in England and Wales could hear any action and claims were frequently transferred from court to court.
Family Court
The Family Court is a national court and has jurisdiction to hear all family cases in England and Wales. Local jurisdictional boundaries have disappeared and there is only one single jurisdiction for all family proceedings. The Family Court sits at many locations in England and Wales, and it usually sits at the County Court centres and magistrates courts where family work was previously heard by county courts or family proceedings court
{{CourtsEnglandWales
In England and Wales, family proceedings court was the name given to a magistrates' court when members of the court's family panel sat to hear a family case. It was a court of first instance in England and Wales that deal ...
s. Family Court judges are now more categories of judges who will be eligible to hear family cases including lay magistrates, district judges, circuit judges, and High Court judges from the Family Division.
Magistrates' and youth courts
Magistrates' court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cour ...
s are the criminal court where all criminal proceedings start. They are presided over by a bench of magistrates (A.K.A. justices of the peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
), or a legally trained district judge (formerly known as a stipendiary magistrate), sitting in each local justice area
Local justice areas are units in England and Wales established by the Courts Act 2003, replacing and directly based on the previous petty sessional divisions. They have been in existence since 2005.
Local justice areas are used to determine which ...
. There are no juries
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.
Juries developed in England durin ...
. They have jurisdiction to hear minor criminal cases, as well as certain licensing appeals. Youth courts are run on similar lines to adult magistrates' courts but deal with offenders aged between the ages of ten and seventeen inclusive. Youth courts are presided over by a specially trained subset of experienced adult magistrates or a district judge. Youth magistrates have a wider catalog of disposals available to them for dealing with young offenders and often hear more serious cases against youths (which for adults would normally be dealt with by the Crown Court). Youth courts are not open to the public for observation, only the parties involved in a case being admitted.
Prior to the enactment of the Crime and Courts Act 2013
The Crime and Courts Act 2013 (c. 22) is an Act of Parliament of the Parliament of the United Kingdom introduced to the House of Lords in May 2012. Its main purpose is to create the United Kingdom National Crime Agency which replaced the Serious Or ...
, some magistrates' courts were also a family proceedings court
{{CourtsEnglandWales
In England and Wales, family proceedings court was the name given to a magistrates' court when members of the court's family panel sat to hear a family case. It was a court of first instance in England and Wales that deal ...
and heard family law cases including care cases and they had the power to make adoption orders. Family cases are no longer heard by the magistrates' courts, instead being heard by the single Family Court established by the 2013 Act.
Special courts and tribunals
In addition, there are many other specialist courts. These are often described as "tribunals" rather than courts, but the difference in name is meaningless. For example, an employment tribunal
Employment tribunals are tribunal public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, red ...
is an inferior court of record for the purposes of the law of contempt of court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
. In many cases, there is a statutory right of appeal from a tribunal to a particular court or specially constituted appellate tribunal. In the absence of a specific appeals court, the only remedy from a decision of a tribunal may be via judicial review to the High Court, which will often be more limited in scope than an appeal.
Examples of specialist courts are:
* Employment tribunal
Employment tribunals are tribunal public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, red ...
s (formerly industrial tribunals) with an appeal to the Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions o ...
* the Employment Appeal Tribunal, which is a superior court of record, and therefore not subject to judicial review, appeals go to the Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
* the First-tier Tribunal
The First-tier Tribunal is part of the courts and tribunals service of the United Kingdom. It was created in 2008 as part of a programme, enacted in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since t ...
and the Upper Tribunal
The Upper Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and to provide a ...
established under the Tribunals, Courts and Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental ...
have absorbed the function of many pre-existing tribunals.
Coroners' courts
The post of coroner
A coroner is a government or judicial official who is empowered to conduct or order an inquest into Manner of death, the manner or cause of death, and to investigate or confirm the identity of an unknown person who has been found dead within th ...
is ancient, dating from the 11th century, and coroners still sit today to determine the cause of death in situations where people have died in potentially suspicious circumstances, abroad, or in the care of central authority. They also have jurisdiction over treasure trove
A treasure trove is an amount of money or coin, gold, silver, plate, or bullion found hidden underground or in places such as cellars or attics, where the treasure seems old enough for it to be presumed that the true owner is dead and the hei ...
.
Ecclesiastical courts
The Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
is an established church (i.e. it is the official state church) and formerly had exclusive or non-exclusive subject matter jurisdiction over marriage and divorce cases, testamentary matters, defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
, and several other areas. Since the 19th century, the jurisdiction of the ecclesiastical court
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than be ...
s has narrowed principally to matters of church property and errant clergy. Each diocese has a "chancellor" (either a barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
or solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
) who acts as a judge in the consistory court
A consistory court is a type of ecclesiastical court, especially within the Church of England where they were originally established pursuant to a charter of King William the Conqueror, and still exist today, although since about the middle of th ...
of the diocese. The bishop
A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution.
In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...
no longer has the right to preside personally, as he formerly did. Appeals lie to the Arches Court
The Arches Court, presided over by the Dean of Arches, is an ecclesiastical court of the Church of England covering the Province of Canterbury. Its equivalent in the Province of York is the Chancery Court.
It takes its name from the street-level ...
(in Canterbury) and the Chancery Court
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...
(in York), and from them to the Court of Ecclesiastical Causes Reserved
The Court of Ecclesiastical Causes Reserved is an appellate court within the hierarchy of ecclesiastical courts of the Church of England. Hearing cases involving church doctrine, ceremony, or ritual, the court has jurisdiction over both the Provin ...
(CECR). From the CECR appeals lie to the Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
.
Military courts
Military courts of the United Kingdom include
* the Summary Appeal Court
* the Service Civilian Court
* the Court Martial
* the Court Martial Appeal Court
The Court Martial Appeal Court is a British superior court of record which hears appeals from court martials.
History
The Court was originally established in 1951 as the Courts-Martial Appeal Court under the Courts-Martial (Appeals) Act 1951. It ...
Other courts
*Election court
In United Kingdom election law, election court is a special court convened to hear a petition against the result of a local government or parliamentary election. The court is created to hear the individual case, and ceases to exist when it has m ...
(ad-hoc courts hearing petitions against election results)
*Barmote court
A barmote court (also written bergjisote, barghmote, bargemote and barmoot) is a court held in the lead mining districts of Derbyshire, England, for the purpose of determining the customs peculiar to the industry and also for the settlements of an ...
(largely ceremonial court dealing with lead mining rights in Derbyshire)
*The High Court of Chivalry
His Majesty's High Court of Chivalry is a civil law (i.e., non common law) court in English and Welsh law with jurisdiction over matters of heraldry. The court has been in existence since the fourteenth century; however, it rarely sits. The so ...
(ancient and rarely convened court dealing with heraldry
Heraldry is a discipline relating to the design, display and study of armorial bearings (known as armory), as well as related disciplines, such as vexillology, together with the study of ceremony, rank and pedigree. Armory, the best-known branch ...
)
* Verderers' courts (dealing with commoners' rights and related matters in the formerly royal hunting forests of the New Forest
The New Forest is one of the largest remaining tracts of unenclosed pasture land, heathland and forest in Southern England, covering southwest Hampshire and southeast Wiltshire. It was proclaimed a royal forest by William the Conqueror, featu ...
, the Forest of Dean
The Forest of Dean is a geographical, historical and cultural region in the western part of the county of Gloucestershire, England. It forms a roughly triangular plateau bounded by the River Wye to the west and northwest, Herefordshire to the n ...
and Epping Forest
Epping Forest is a area of ancient woodland, and other established habitats, which straddles the border between Greater London and Essex. The main body of the forest stretches from Epping in the north, to Chingford on the edge of the London ...
.)
Criminal cases
There are two kinds of criminal trials: "summary" and "on indictment". For an adult, summary trials take place in a magistrates' court, while trials on indictment take place in the Crown Court. Despite the possibility of two venues for trial, almost all criminal cases, however serious, commence in a magistrates' court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cour ...
s. It is possible to start a trial for an indictable offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
by a voluntary bill of indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
, and go directly to the Crown Court, but that would be unusual.
A criminal case that starts in the magistrates' courts may begin either by the defendant being charged and then being brought forcibly before magistrates or by a summons to the defendant to appear on a certain day before the magistrates. A summons is usually confined to very minor offences. The hearing (of the charge or summons) before the magistrates is known as a "first appearance".
Offences are of three categories: indictable only, summary, and either way. Indictable only offences such as murder and rape must be tried on indictment in the Crown Court. On first appearance, the magistrates must immediately refer the defendant to the Crown Court for trial, their only role being to decide whether to remand the defendant on bail or in custody.
Summary offences, such as most motoring offences, are much less serious and most must be tried in a magistrates' court, although a few may be sent for trial to the Crown Court along with other offences that may be tried there (for example assault). The vast majority of offences are also concluded in a magistrates' court (over 90% of cases).
Either way offences are intermediate offences such as theft and, with the exception of low-value criminal damage, maybe tried either summarily (by magistrates) or by judge and jury in the Crown Court. If the magistrates consider that an either way offence is too serious for them to deal with, they may "decline jurisdiction" which means that the defendant will have to appear in the Crown Court. Conversely, even if the magistrates accept jurisdiction, an adult defendant has a right to compel a jury trial. Defendants under eighteen years of age do not have this right and will be tried in a youth court
A juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes that are committed by children who have not attained the age of majority. In most modern legal s ...
(similar to a magistrates' court) unless the case is homicide or else is particularly serious.
A magistrates' court is made up in two ways. Either a group (known as a "bench") of "lay magistrates", or a district judge, will hear the case. A lay bench must consist of at least three magistrates. Alternatively, a case may be heard by a district judge (formerly known as a stipendiary magistrate), who will be a qualified lawyer and will sit singly, but has the same powers as a lay bench. District judges usually sit in the more busy courts in cities or hear complex cases (e.g. extradition). Magistrates have limited sentencing powers.
In the Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
, the case is tried before a recorder (part-time judge), circuit judge or a High Court judge, and a jury. The seniority of the judge depends on the seriousness and complexity of the case. The jury is involved only if the defendant enters a plea of "not guilty".
Appeals
From the magistrates' courts, an appeal can be taken to the Crown Court on matters of fact and law or, on matters of law alone, to the Administrative Court
An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered s ...
of King's Bench Division of the High Court, which is called an appeal "by way of case stated
In law, a case stated is a procedure by which a court or tribunal can ask another court for its opinion on a point of law. There are two kinds: consultative case stated and appeal by way of case stated. A consultative case stated is made at the d ...
". The magistrates' courts are also inferior courts and are therefore subject to judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
.
The Crown Court is more complicated. When it is hearing a trial on indictment (a jury trial) it is treated as a superior court, which means that its decisions may not be judicially reviewed and appeal lies only to the Criminal Division of the Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
.
In other circumstances (for example when acting as an appeal court from a magistrates' court) the Crown Court is an inferior court, which means that it is subject to judicial review. When acting as an inferior court, appeals by way of case stated on matters of law may be made to the Administrative Court.
Appeals from the High Court, in criminal matters, lie only to the Supreme Court. Appeals from the Court of Appeal (Criminal Division) may also only be taken to the Supreme Court.
Appeals to the Supreme Court are unusual in that the court from which appeal is being made (either the High Court or the Court of Appeal) must certify that there is a point of law of general public importance. This additional control mechanism is not present with civil appeals and means that far fewer criminal appeals are heard by the Supreme Court.
Civil cases
Under the Civil Procedure Rules 1998
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil c ...
, civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
claims under £10,000 are dealt with in the County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
under the "small claims track". This is generally known to the lay public as "small claims court" but does not exist as a separate court. Claims between £10,000 and £25,000 that are capable of being tried within one day are allocated to the "fast track" and claims over £25,000 to the "multi-track". These "tracks" are labels for the use of the court system – the actual cases will be heard in the County Court or the High Court depending on their value.
For personal injury, defamation cases, and in some landlord and tenant disputes, the thresholds for each track have different values.
History
For nearly 300 years, from the time of the Norman Conquest
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conque ...
until 1362, French
French (french: français(e), link=no) may refer to:
* Something of, from, or related to France
** French language, which originated in France, and its various dialects and accents
** French people, a nation and ethnic group identified with Franc ...
was the language of the courts, rather than English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
. Until the twentieth century, many legal terms were still expressed in Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
.
The Supreme Court of Judicature was formed in 1875 from the merging of various courts then existing, such as the
*Court of King's Bench
The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions.
* Court of King's Bench (England), a historic court court of common ...
*High Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
*Court of Exchequer
In the civil service of the United Kingdom, His Majesty’s Exchequer, or just the Exchequer, is the accounting process of central government and the government's ''current account'' (i.e., money held from taxation and other government reven ...
*High Court of Admiralty
Admiralty most often refers to:
*Admiralty, Hong Kong
* Admiralty (United Kingdom), military department in command of the Royal Navy from 1707 to 1964
*The rank of admiral
* Admiralty law
Admiralty can also refer to:
Buildings
*Admiralty, Tr ...
*Court of Common Pleas
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
*Court of Probate
Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the sta ...
and Matrimonial Causes
*Court of Common Pleas of the County Palatine of Lancaster
The Court of Common Pleas of the County Palatine of Lancaster, sometimes called the Common Pleas of or at Lancaster was a court of common pleas that exercised jurisdiction within the County Palatine of Lancaster until its jurisdiction was transferr ...
*Court of Pleas of the County Palatine of Durham and Sadberge
The Court of Pleas of the County Palatine of Durham and Sadberge, sometimes called the Court of Pleas or Common Pleas of or at Durham was a court of common pleas that exercised jurisdiction within the County Palatine of Durham (including the Sadber ...
The Court of Appeal in Chancery
The Court of Appeal in Chancery was created in 1851 to hear appeals of decisions and decrees made in the Court of Chancery, Chancery Court. The appeals in the court were heard by the Lord Chancellor alone, or as a tripartite panel (supplemented by ...
was merged into the Court of Appeal.
Other historical courts include:
*House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
*Star Chamber
The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judic ...
*Court of High Commission
The Court of High Commission was the supreme ecclesiastical court in England. Some of its powers was to take action against conspiracies, plays, tales, contempts, false rumors, books. It was instituted by the Crown in 1559 to enforce the Act of U ...
* Court of Criminal Appeal
*Court for Crown Cases Reserved
The Court for Crown Cases Reserved was an England and Wales, English appellate court for criminal law, criminal cases established in 1848 to hear references from the trial judge. It did not allow a retrial, only judgment on a point of law. Neith ...
* Courts of piepowders (marketplace courts)
*Assize Court
The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
*Restrictive Practices Court
The Restrictive Trade Practices Act 1956 was an act of the Parliament of the United Kingdom intended to enforce competition, and provide an appropriate check on restrictive combines and practices. It required that any agreement between companies ...
*Courts leet
The court leet was a historical court baron (a type of manorial court) of England and Wales and Ireland that exercised the "view of frankpledge" and its attendant police jurisdiction, which was normally restricted to the hundred courts.
Etym ...
*Quarter sessions
The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
Local courts of special jurisdiction
The courts of session of the County Palatine of Chester
Cheshire ( ) is a ceremonial and historic county in North West England, bordered by Wales to the west, Merseyside and Greater Manchester to the north, Derbyshire to the east, and Staffordshire and Shropshire to the south. Cheshire's county town ...
and the Principality of Wales
The Principality of Wales ( cy, Tywysogaeth Cymru) was originally the territory of the native Welsh princes of the House of Aberffraw from 1216 to 1283, encompassing two-thirds of modern Wales during its height of 1267–1277. Following the con ...
were abolished section 14 of by the Law Terms Act 1830
The Law Terms Act 1830 (11 Geo 4 & 1 Will 4 c 70) was an Act of the Parliament of the United Kingdom that made various changes to the court system of England and Wales.
Section 8 granted direct appeal from the Court of Common Pleas to the Court ...
.
The Court of the County of Durham
The Court of the County of Durham was a court that exercised jurisdiction within the County Palatine of Durham. It was abolished, subject to certain savings, on 5 July 1836.
The sole roll of this court known not to have been lost is DCM Misc Ch ...
was abolished by section 2 of the Durham (County Palatine) Act 1836
The Durham (County Palatine) Act 1836 (6 & 7 Will 4 c 19) was an Act of the Parliament of the United Kingdom. It abolished the temporal authority of the Bishop of Durham within the County Palatine of Durham, placing the county under lay administ ...
.
The Stannaries Court was abolished by the Stannaries Court (Abolition) Act 1896.
The following courts were merged into the High Court by section 41 of the Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom, the purpose of which was to reform and modernise the courts system of England and Wales.
It established the Crown Court, introduced the posts of circuit judge and recorde ...
following the report by Dr. Beeching
Richard Beeching, Baron Beeching (21 April 1913 – 23 March 1985), commonly known as Dr Beeching, was a physicist and engineer who for a short but very notable time was chairman of British Railways. He became a household name in Britain in the e ...
:
*The Court of Chancery of the County Palatine of Lancaster
The Court of Chancery of the County Palatine of Lancaster was a court of chancery that exercised jurisdiction within the County Palatine of Lancaster until it was merged into the High Court in 1972.
Relevant legislation
The court was regulated b ...
*The
Section 42 replaced the Mayor's and City of London Court
The Mayor's and City of London Court is a sitting of the County Court in the City of London. It is located at Guildhall Buildings, Basinghall Street.
History
The current court is the successor to courts pre-dating the County Courts Act 1846, whi ...
with a county court of the same name.
Section 43 abolished:
*The Tolzey and Pie Poudre Courts of the City and County of Bristol
*The Liverpool Court of Passage
The Liverpool Court of Passage was, at the time of its abolition, a local court of record which actively exercised a civil jurisdiction comparable to or greater than that of the county court for the district in which it was situated.
Procedure
Th ...
*The Norwich Guildhall Court
The Norwich Guildhall Court was, at the time of its abolition, a local court of record which actively exercised a civil jurisdiction comparable to or greater than that of the county court for the district in which it was situated. The court appears ...
*The Court of Record for the Hundred of Salford
The Salford Hundred (also known as Salfordshire) was one of the subdivisions of the Historic counties of England, historic county of Lancashire, in Northern England (see:Hundred (county division). Its name alludes to its judicial centre being t ...
Section 221
of the Local Government Act 1972
The Local Government Act 1972 (c. 70) is an Act of the Parliament of the United Kingdom that reformed local government in England and Wales on 1 April 1974. It was one of the most significant Acts of Parliament to be passed by the Heath Gov ...
abolished the borough civil courts listed i
Schedule 28
to that Act.
Part II of Schedule 4 to the Administration of Justice Act 1977
The Administration of Justice Act 1977 is an Acts of Parliament in the United Kingdom, Act of the Parliament of the United Kingdom.
Part I - General Section 6 - Temporary additional judges for Employment Appeal Tribunal
This section was repealed ...
curtailed the jurisdiction of certain other anomalous local courts.
See also
*Canon Law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
*Courts of Northern Ireland
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland.
Prior to the partition of Ireland, Northern I ...
*Courts of Scotland
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial ...
*English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
*His Majesty's Courts Service
Her Majesty's Courts Service (HMCS) was an executive agency of the Ministry of Justice (MoJ) and was responsible for the administration of the civil, family and criminal courts in England and Wales.
It was created by the amalgamation of the Magi ...
*Judiciary of England and Wales
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges ...
*Legal year
The legal year, in English law as well as in other common law jurisdictions, is the calendar during which the judges sit in court. It is traditionally divided into periods called "terms".
Asia
Hong Kong
Hong Kong's legal year is marked as Cerem ...
*List of courts in England and Wales
This is a list of courts in England and Wales. For information about the different types of court see Courts of England and Wales.
Civil courts
The highest appellate court is the Supreme Court of the United Kingdom, followed by the Court of Ap ...
*List of Supreme Court of Judicature cases
This is a chronological list of notable cases decided by the Senior Courts of England and Wales – that is, cases from the High Court of Justice of England and Wales, Court of Appeal of England and Wales, and Crown Court.
pre-1800
* '' Haxey ...
*Personal Support Unit
Support Through Court (formerly The Personal Support Unit (The PSU)) is a UK legal charity that supports people who have to represent themselves in court. The aim is to "reduce the disadvantage of people facing the civil and family justice syst ...
*Welsh Law
Welsh law ( cy, Cyfraith Cymru) is an autonomous part of the English law system composed of legislation made by the Senedd.Law Society of England and Wales (2019)England and Wales: A World Jurisdiction of Choice eport(Link accessed: 16 March 2022 ...
References
External links
HM Courts & Tribunals Service website
Official list of senior judges in the courts of England and Wales
Organisation of justice in England and Wales
(pdf)
{{DEFAULTSORT:Courts of England And Wales
pl:System sądowniczy Wielkiej Brytanii