UK Courts Explained [Infographic]

Georgia Davies https://www.browells.co.uk 6m 1,378 #courts

The views of this article are the perspective of the author and may not be reflective of Confessions of the Professions.

The Court System Of The United Kingdom

It’s certain that no one wants to visit Courtrooms & Stations in their life except the professionals working there. We all live with a general perception that we have to visit court only if something goes wrong or we do something wrong. And we all believe and expect that nothing can go wrong in our life.

But that is not true. We may encounter certain inevitable situations which requires to visit Courtrooms. If not for Criminal cases, but for very random incidences to seek justice & compensations etc. as well. It could be to seek legal services for any Accident & Personal Injury settlement, Medical Negligence cases, or for any sort of family law.

And UK Court System is pretty much confusing for a person who has never landed in a situation to seek the services of UK courts & Laws because it was not created in a day. It has evolved over a period of many years, hence complex and multifarious.

UK Courtroom is diversified and hearing takes place in different Divisions considering the nature & type of the case. And then there are Court of Appeal & the Supreme Court which is the final court for any type of case.

Sounds terrifying? Don’t worry here is an infographic from Browell Smith & Co. simplifying & providing a glance over structure of the UK courts. Hopefully this will clarify the mist over considerably quantum UK Courtrooms.

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UK COURTS EXPLAINED

THE ROYAL COURTS OF JUSTICE

THE COURTS OF LAW IN ENGLAND, WALES, AND NORTHERN IRELAND

THE SUPREME COURT

The final court of appeal for all United Kingdom civil cases and criminal cases from England, Wales, and Northern Ireland.

COURT OF APPEAL

Criminal Division
Appeals from the Crown Court

Civil Division
Appeals from the High Court, tribunals and certain cases from county courts

HIGH COURT

Queen’s Bench Division
Contract and tort, etc.
Commercial Court
Admirality Court

Administration Court
Supervisory and appellate jurisdiction overseeing the legality of decisions and actions of inferior courts, tribunals, local authorities, Ministers of the Crown, and other public bodies and officials.

Family Division

Divisional Court
Appeals from the magistrates’ courts.

Chancery Division
Equity and trusts, contentious probate, tax partnerships, bankruptcy and Companies Court, Patents Court.

Divisional Court
Appeals from the country courts on bankruptcy and land.

Crown Court [Queen’s Bench Division and Administrative Court]
Trials of indictable offences, appeals from magistrates’ courts, cases for sentence.

Magistrates’ Court [Queen’s Bench Division and Administrative Court]
Trials of summary offences, committals to the Crown Court, family proceedings courts and youth courts.
The maximum total custodial sentence the Magistrates Court can impose is 12 months.

County Court [All other courts] 
Majority of civil litigation subject to nature of claim.

Tribunals [All other courts]
Hear appeals from decisions on: immigration, social security, child support, pensions, tax and lands.

WHAT DOES IT DO?

THE UK SUPREME COURT

It is the final court of appeal for civil and criminal cases.

Fact: The UKSC’s official emblem is formed by a heraldic representation of the flowers of the four countries of the United Kingdom, surrounded by a motif representing both Libra for justice and Omega for finality.

Types of cases: It hears cases that have huge public or constitutional importance.

THE COURT OF APPEAL

It is the second highest court in England and Wales.

Fact: Established in 1875. In its early days, the Court of Appeal divided its sittings between Westminster Hall for appeals from the Common Law divisions, and Lincoln’s Inn for Chancery, Probate, Divorce, and Admiralty appeals, with five Lords Justices.

Types of cases: It hears in both criminal and civil cases following judgments in lower court.

THE HIGH COURT

It deals with civil cases and appeals made against decision in the lower courts.

Fact: It is divided into three parts, each dealing with a different kind of case:

• The Queen’s Bench Division
• The Chancery Division
• The Family Division

Types of cases: Indictable-only offences. These are serious criminal offences such as murder, manslaughter, rape, and robbery.

THE CROWN COURT

It deals with serious criminal cases and is a single entity, unlike the magistrates’ courts.

Fact: It is the higher court of first instance in criminal cases; however, for some purposes the Crown Court is hierarchically subordinate to the High Court and its Divisional courts.

Types of cases: Cases sent for trial by magistrates’ courts because the offences are ‘indictable only’ (i.e. those which can only be heard by the Crown Court).

• ‘Either way’ offences
• Defendants convicted in magistrates’ courts, but sent to the Crown Court for sentencing due to the seriousness of the offence
• Appeals against decisions of magistrates’ courts

THE COUNTY COURT

Deals with civil (non-criminal) matters.

Created in 1846. Based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.

Types of cases:

• Businesses trying to recover money they are owed;
• Individuals seeking compensation for injuries;
• Landowners seeking orders that will prevent trespass.

HER MAJESTY’S COURTS SERVICE (hmcs)

It deals with almost all criminal cases.

Fact: 90% of cases will be completed within the magistrates’ court, while the more serious cases will be referred to the Crown court for sentencing or a full trial.

Types of cases:

• Summary offences (less serious, such as motoring offences and minor assaults).
• Either-way offences. Can be dealt with by magistrates or before a judge and jury at the Crown Court (for example, with theft and handling stolen goods).
• Indictable-only offences, such as murder, manslaughter, rape, and robbery. These must be passed to the Crown Court.

SPECIAL COURTS AND TRIBUNALS

What does it do? Resolves disputes on specialist areas, such as employment.

Types of cases:

• Employment
• Gender Recognition
• Asylum support
• Mental health
• Care standards

Fact: The Military Court Service provides a criminal court service for the Royal Navy, Army, and Royal Air Force, and is separate from the UK system. Its motto is: “Independent and fair.”

THE COURTS OF LAW IN SCOTLAND

THE SUPREME COURTS

HIGH COURT OF JUSTICIARY (Criminal)

APPEALS <- Appeal <- FIRST INSTANCE SOLMAN (Judge and jury)

COURT OF SESSION (Civil)

OUTER HOUSE (First Instance) -> Appeal -> INNER HOUSE (Appeals)

SHERIFF COURT

CRIMINAL JURISDICTION

SOLEMN (Judge and jury)

SUMMARY (Judge only)

CIVIL JURISDICTION

SHERIFF PRINCIPAL (Appeals only)

FIRST INSTANCE (Judge only)

JUSTICE OF THE PEACE COURT

Summary criminal jurisdiction only

WHAT DOES IT DO?

HIGH COURT OF JUSTICIARY (Criminal)

As Scotland’s supreme court, it is both a court of first instance hearing trials and a court of appeal.

Fact: The court has only sat once outside of Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial.

Types of cases:

• Murder
• Rape
• The most serious criminal cases

COURTH OF SESSION (Civil)

Decides on civil law cases.

Fact: The court has its basis in the 16th Century and National Records of Scotland holds records from this time onwards.

Types of cases:

• A wide range of civil cases including those based on delict (tort) and contract
• Commercial cases
• Judicial review

SHERIFF COURT

Provides local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.

Fact: Glasgow Sheriff Court is the busiest court in Europe.

Types of cases:

• Solemn and summary criminal cases
• Large and small estates upon death
• fFine payments
• Civil actions under ordinary and simple procedures
• Adoption cases
• Bankruptcy actions

JUSTICE OF THE PEACE COURT

Justices of the peace are lay magistrates who sit with a legally qualified adviser to deal with summary criminal cases.

Fact: Justices of the Peace are generally, not legally qualified.

Types of cases:

• Minor offfences
• Breach of the peace
• Minor assaults
• Petty theft

SUMMARY

The United Kingdom does not have a single judicial system – England and Wales have one system, Scotland another, and Northern Ireland a third. 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 Supreme Court of the United Kingdom operates across all three separate jurisdictions, hearing some civil – but not criminal – appeals in Scottish cases, and determining devolution and human rights issues.

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