The English Court HierarchyCrimes are generally offenses against the state, and are accordingly prosecuted by the state. Civil cases on the other hand, are typically disputes between individuals regarding the legal duties and responsibilities they owe one another.
Criminal offenses and civil offenses are generally different in terms of their punishment. Criminal cases will have prison time as a potential punishment, whereas civil cases generally only result in monetary damages or orders to do or not do something. Note that a criminal case may involve both prison time and monetary punishments in the form of fines. |
As you can see from the diagram, there are several levels to the criminal and civil court hierarchies if the British legal system.
The different tiers are there for a number of the reasons. One of the main reasons is for appeals. If you appeal a decision it will generally go to the court above it. Also with a number of different civil and criminal offences that can be committed, there are different 'courts of first instance' to hear your cases. You will also need to be aware that some of the higher courts have different divisions to hear different cases based on the nature of the events, the seriousness and the case content. You will need to know the civil and criminal court hierarchies for P1 and P2. |
The Civil Courts
There are two main civil courts in which civil claims may be issued: the County Court and the High Court. The Magistrates’ Court is primarily a criminal court, but does have some civil jurisdiction. These courts are known as courts of first instance, as claims may be commenced and decided there. If the decision of the court is disputed, then a party may be able to ask a higher court to reconsider the case – known as an appeal.
Civil Court Structure and Appeals | |
File Size: | 368 kb |
File Type: | ppt |
The Criminal Courts
A criminal offence can fit into one of 3 categories:
A summary offence is a less serious offence and will be heard first at the Magistrate's Court. An indictable offence is a serious offence and will be heard at a Crown Court. An either-way offence can be heard at either depending on the case facts and severity of the crime.
- Summary
- Indictable
- Either-way
A summary offence is a less serious offence and will be heard first at the Magistrate's Court. An indictable offence is a serious offence and will be heard at a Crown Court. An either-way offence can be heard at either depending on the case facts and severity of the crime.
Criminal Court Structure and Appeals | |
File Size: | 249 kb |
File Type: | ppt |
Youth court
The youth court deals with cases where the accused is between the ages of 10 and 18. The magistrates sitting in the youth court are selected from a trained panel. The court sits either in purpose built accommodation or in a courtroom that is not being used by the adult court. The proceedings are, on the face of them, rather less formal than those of the adult court, although to determine guilt or innocence the criminal rules of evidence and the burden and standard of proof are the same (the prosecution must prove guilt beyond all reasonable doubt). The court has limited and special sentencing powers. The parents of the accused are also summoned to court, and can be made the subject of the court’s sentence.
The youth court works closely with the youth offending team in the area and is guided by two considerations – the welfare of the child/young person and the prevention of offending by juveniles. Evidence from Scotland suggests that using a specialist panel that brings together all those concerned with younger offenders (police, schools, parents, children and the courts) produces a more coherent response and possibly has a more effective outcome. The youth court is therefore somewhat different in approach, powers and procedures than the magistrates court sitting in its adult role. Unlike the adult version, the youth court is not open to the general public.
The youth court deals with cases where the accused is between the ages of 10 and 18. The magistrates sitting in the youth court are selected from a trained panel. The court sits either in purpose built accommodation or in a courtroom that is not being used by the adult court. The proceedings are, on the face of them, rather less formal than those of the adult court, although to determine guilt or innocence the criminal rules of evidence and the burden and standard of proof are the same (the prosecution must prove guilt beyond all reasonable doubt). The court has limited and special sentencing powers. The parents of the accused are also summoned to court, and can be made the subject of the court’s sentence.
The youth court works closely with the youth offending team in the area and is guided by two considerations – the welfare of the child/young person and the prevention of offending by juveniles. Evidence from Scotland suggests that using a specialist panel that brings together all those concerned with younger offenders (police, schools, parents, children and the courts) produces a more coherent response and possibly has a more effective outcome. The youth court is therefore somewhat different in approach, powers and procedures than the magistrates court sitting in its adult role. Unlike the adult version, the youth court is not open to the general public.