(b) The essential criminal trial courts are the magistrates’ courts and Crown Courts. In serious offences, known as indictable offences, the defendant is tried by a judge and jury in a Crown Court. For less serious offences, known as summary offences, the defendant is tried by magistrates; and for ‘either way’ offences, the defendant can be tried by magistrates if they agree, but he may elect for jury trial.
Criminal appeals from the magistrates go to the Crown Court or to the Queen’s Bench Division (QBD) Divisional Court ‘by way of case stated’ on a point of law or that the magistrates went beyond their proper powers.
Magistrates’ courts have a significant civil jurisdiction, especially under the Children Act 1989 as ‘family proceedings courts’, but the main civil courts are the county court and the High Court.
There are about 220 county courts in England and Wales. They are presided over by district judges and circuit judges. County courts hear small claims, that is, those whose value is £5,000 or under, and fast track cases.
The High Court is divided into three divisions. The QBD deals with contract and tort. Chancery deals with cases involving land, mortgages, bankruptcy and probate. The Family Division hears matrimonial and child related matters and its Divisional Court hears appeals from magistrates’ courts and county courts on these issues. Appeal is to the Court of Appeal and then to the Supreme Court on a significant point of law. |
