Civil and Criminal Courts
Civil and Criminal Courts
The English legal system distinguishes between civil law (disputes between individuals or organisations) and criminal law (offences against the state). Each has its own court hierarchy, procedures, and terminology.
Criminal Courts
Magistrates' Court
The Magistrates' Court handles approximately 95% of all criminal cases. It deals with:
- Summary offences — less serious offences tried only in the Magistrates' Court (e.g. common assault, most driving offences). Maximum sentence: 6 months' imprisonment (or 12 months for consecutive sentences) and/or a fine
- Triable either way offences — offences that can be tried in either the Magistrates' Court or the Crown Court (e.g. theft, ABH). A mode of trial hearing ("plea before venue") determines which court hears the case. The defendant can elect Crown Court trial
- Indictable offences — the most serious offences (e.g. murder, robbery) are sent to the Crown Court after an initial hearing in the Magistrates' Court
Magistrates also issue warrants, make bail decisions, and handle youth cases (in the Youth Court).
Crown Court
The Crown Court tries:
- All indictable offences (e.g. murder, manslaughter, rape, robbery)
- Triable either way offences where the magistrates decline jurisdiction or the defendant elects Crown Court trial
- Appeals from the Magistrates' Court — heard by a Circuit Judge sitting with magistrates (rehearing on fact and law)
- Sentencing — cases committed by the Magistrates' Court for sentencing where their powers are insufficient
Cases are tried by a judge and jury. The judge directs on law; the jury decides guilt.
Appeals in Criminal Cases
| From | To | Route |
|---|---|---|
| Magistrates' Court | Crown Court | Appeal against conviction (rehearing) or sentence |
| Magistrates' Court | High Court (Queen's Bench Division) | Appeal by way of case stated on a point of law |
| Crown Court | Court of Appeal (Criminal Division) | Appeal against conviction or sentence (leave required) |
| Court of Appeal | Supreme Court | "Leapfrog" appeal on a point of law of general public importance (leave required from either court) |
The Criminal Cases Review Commission (CCRC), established by the Criminal Appeal Act 1995, investigates potential miscarriages of justice and may refer cases to the Court of Appeal. Notable referrals include the cases of Sally Clark (2003) and Andrew Malkinson (2023, after 17 years of wrongful imprisonment).
Civil Courts
County Court
The County Court hears most civil claims, including:
- Contract and tort claims — personal injury claims up to £50,000; other claims up to £100,000 (though the financial limits for allocation are flexible)
- Housing and landlord/tenant disputes
- Family matters (where not in the Family Court)
- Insolvency and bankruptcy proceedings
Cases are allocated to one of three tracks:
| Track | Value | Procedure |
|---|---|---|
| Small claims | Up to £10,000 (£1,000 for personal injury) | Informal hearing, no costs recovery |
| Fast track | £10,000–£25,000 | Standard directions, trial within 30 weeks |
| Multi-track | Over £25,000 or complex cases | Tailored case management |
High Court
The High Court has three divisions:
- Queen's Bench Division (QBD) — contract, tort, judicial review (R (on the application of Miller) v Secretary of State for Exiting the EU [2017])
- Chancery Division — trusts, land, company law, intellectual property, insolvency
- Family Division — complex family cases, wardship, international child abduction
The High Court hears cases of higher value or complexity and also acts as an appellate court from lower courts and tribunals.
Court of Appeal (Civil Division)
The Court of Appeal (Civil Division) hears appeals from the County Court and the High Court. Permission to appeal is usually required. The court may:
- Uphold or reverse the lower court's decision
- Order a new trial
- Vary the award of damages
Supreme Court
The Supreme Court (established by the Constitutional Reform Act 2005, operational from 2009) is the final court of appeal for civil and criminal cases from England, Wales, Northern Ireland, and (in civil cases) Scotland. It hears approximately 60–80 cases per year on points of law of general public importance.
Notable Supreme Court decisions:
- R (Miller) v Secretary of State for Exiting the EU [2017] — parliamentary approval required for triggering Article 50
- R (Miller) v The Prime Minister [2019] — prorogation of Parliament was unlawful
- Owens v Owens [2018] — highlighted deficiencies in divorce law (leading to the Divorce, Dissolution and Separation Act 2020)
Alternative Dispute Resolution (ADR)
ADR methods offer alternatives to court proceedings:
Negotiation
The parties (or their solicitors) communicate directly to reach a settlement. Most civil disputes settle without reaching court. No third party is involved.
Mediation
A neutral mediator facilitates discussion and helps the parties reach their own agreement. The mediator does not impose a solution. Mediation is:
- Confidential and voluntary
- Encouraged by the courts — Halsey v Milton Keynes General NHS Trust [2004] established that unreasonable refusal to mediate may result in costs sanctions
- Increasingly common in family, commercial, and workplace disputes
Arbitration
A neutral arbitrator hears both sides and makes a binding decision (an "award"). Governed by the Arbitration Act 1996. Common in commercial contracts (many include arbitration clauses). Advantages include confidentiality, speed, and specialist expertise.
Conciliation
Similar to mediation, but the conciliator may actively suggest solutions. ACAS uses conciliation in employment disputes.
Tribunal System
Tribunals handle specialist disputes (employment, immigration, tax, mental health). The Tribunals, Courts and Enforcement Act 2007 created a unified structure:
- First-tier Tribunal (initial decisions)
- Upper Tribunal (appeals on points of law)
Tribunals are designed to be less formal, cheaper, and faster than courts.
Evaluation
| ADR Method | Advantages | Disadvantages |
|---|---|---|
| Mediation | Flexible, preserves relationships, cheaper | Non-binding, power imbalance |
| Arbitration | Binding, expert arbitrators, private | Can be expensive, limited appeal rights |
| Tribunals | Specialist, accessible, cheaper | Increasing formality, delays |
Exam focus:
- Compare the suitability of courts and ADR for different types of dispute
- Evaluate whether the court hierarchy effectively delivers justice
- Discuss the role of the CCRC in correcting miscarriages of justice
- Consider whether the track system in civil courts promotes access to justice