The classification of different courts
The superior Courts in the UK are Supreme Court (which used to be the Appellate Committee of
the House of Lords), the Court of Appeal, the High Court, the Crown Court, the Privy Council,
and the Employment Appeal Tribunal.
The inferior courts include the magistrates’ courts, the county court, and other first instance
tribunals where most cases begin.
Courts of first instances vs appellate courts:
Decisions of courts of first instance may be challenged on appeal.
The courts hearing appeals are said to have appellate jurisdiction.
Magistrates Courts
Are inferior courts and are bound by decisions coming from the courts above.
Presided over by Justices of the Peace (also called ‘magistrates’)
Sometimes referred to as ‘lay justices’ as they are volunteers and aren’t paid a salary.
May not be legally qualified, so they are often advised in court by a legal adviser.
Undergo training, including prison and court visits.
Hear minor offences (e.g. driving offences) and are heard without a jury.
Under s.121 of the Magistrates’ Courts Act 1980, cases are normally heard before a bench of
two or three Justices of the Peace.
Have some limited civil jurisdiction over licensing laws and the recovery of civil debts such as
income tax or unpaid council tax. Otherwise they predominantly exercise criminal jurisdiction.
All criminal cases commence in the magistrates’ courts and over 90% of cases will be
completed there. However more serious offences can be sent to the Crown Court for trial.
County Court
Governed by the County Courts Act 1984
Deals exclusively with civil matters (range of cases up to £350,000)
● Businesses trying to recover debts
● Personal injury claims
, ● Landlord-and-tenant disputes
● Other civil disputes
Judges under Section 5, County Courts Act 1984 :
Circuit judge
District judge
Deputy district judge
Usually sit alone
Jury rare (main exception: libel and defamation)
Role of civil judges :
Pro-actively manage proceedings in line with the overriding objective of the civil justice system:
● Deal with cases justly and at proportionate cost
● Ensure litigation is a last resort
Judges aim to ensure parties:
Cooperate with each other
Work towards a settled agreement
Follow directions controlling case progress
Avoid excessive legal costs by using ADR (Alternative Dispute Resolution):
● Negotiation
● Mediation
● Resolve issues more quickly and out of court
Crown Court
● Part of the Senior Courts
● Jurisdiction: England and Wales
Main jurisdiction (Senior Courts Act 1981, s.46)
● Trial on indictment before judge + jury
Judge-only trials (Criminal Justice Act 2003)
● Possible where there is risk of jury tampering (e.g. threats or bribes)
The superior Courts in the UK are Supreme Court (which used to be the Appellate Committee of
the House of Lords), the Court of Appeal, the High Court, the Crown Court, the Privy Council,
and the Employment Appeal Tribunal.
The inferior courts include the magistrates’ courts, the county court, and other first instance
tribunals where most cases begin.
Courts of first instances vs appellate courts:
Decisions of courts of first instance may be challenged on appeal.
The courts hearing appeals are said to have appellate jurisdiction.
Magistrates Courts
Are inferior courts and are bound by decisions coming from the courts above.
Presided over by Justices of the Peace (also called ‘magistrates’)
Sometimes referred to as ‘lay justices’ as they are volunteers and aren’t paid a salary.
May not be legally qualified, so they are often advised in court by a legal adviser.
Undergo training, including prison and court visits.
Hear minor offences (e.g. driving offences) and are heard without a jury.
Under s.121 of the Magistrates’ Courts Act 1980, cases are normally heard before a bench of
two or three Justices of the Peace.
Have some limited civil jurisdiction over licensing laws and the recovery of civil debts such as
income tax or unpaid council tax. Otherwise they predominantly exercise criminal jurisdiction.
All criminal cases commence in the magistrates’ courts and over 90% of cases will be
completed there. However more serious offences can be sent to the Crown Court for trial.
County Court
Governed by the County Courts Act 1984
Deals exclusively with civil matters (range of cases up to £350,000)
● Businesses trying to recover debts
● Personal injury claims
, ● Landlord-and-tenant disputes
● Other civil disputes
Judges under Section 5, County Courts Act 1984 :
Circuit judge
District judge
Deputy district judge
Usually sit alone
Jury rare (main exception: libel and defamation)
Role of civil judges :
Pro-actively manage proceedings in line with the overriding objective of the civil justice system:
● Deal with cases justly and at proportionate cost
● Ensure litigation is a last resort
Judges aim to ensure parties:
Cooperate with each other
Work towards a settled agreement
Follow directions controlling case progress
Avoid excessive legal costs by using ADR (Alternative Dispute Resolution):
● Negotiation
● Mediation
● Resolve issues more quickly and out of court
Crown Court
● Part of the Senior Courts
● Jurisdiction: England and Wales
Main jurisdiction (Senior Courts Act 1981, s.46)
● Trial on indictment before judge + jury
Judge-only trials (Criminal Justice Act 2003)
● Possible where there is risk of jury tampering (e.g. threats or bribes)
