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Myths in law
Myths in law

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7.1.1 Different courts

All criminal cases begin in the magistrates’ courts, and some of the more serious ones are transferred to the Crown Court, as Figure 25 illustrates.

Described image
Figure 25 The criminal court system
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This figure consists of a series of boxes, representing various courts. Upward-pointing arrows show the route of appeals from one court to another. Mauve boxes represent courts of first instance, which hear only new cases, light brown boxes represent appellate courts, which hear only appeals and a light green box represents a court that is both a court of first instance and an appellate court. At the bottom of the figure is a mauve box labelled ‘Magistrates’ Courts’, showing that these are courts of first instance. Two arrows go up from the box labelled ‘Magistrates’ Courts’. One arrow goes to a green box labelled ‘The Crown Court’, showing that the Crown Court is a court of first instance and an appellate court. The other goes to a light brown box labelled ‘Divisional Court of the Queen’s Bench Division of the High Court’, showing that this is an appellate court. One arrow from each of the ‘The Crown Court’ and ‘Divisional Court of the Queen’s Bench Division of the High Court’ boxes goes up to a light brown box labelled ‘Court of Appeal (Criminal Division), showing that this is an appellate court. An arrow from the ‘Court of Appeal (Criminal Division)’ box goes up to the light brown box at the figure, which is labelled ‘Supreme Court’, showing that this is the highest UK appellate court.

Figure 25 The criminal court system

Decisions in magistrates’ court cases can be appealed to the Divisional Court of the High Court, or to the Crown Court. Appeals from the Crown Court are heard by the Criminal Division of the Court of Appeal. Cases which raise points of particular importance may be appealed from the Court of Appeal to the Supreme Court, which hears appeals from both civil and criminal cases.

Before 2009, the highest court in the United Kingdom was known as the Appellate Committee of the House of Lords (usually referred to simply as ‘the House of Lords’). In October 2009, it was replaced as the highest court by the Supreme Court. Older cases therefore refer to the House of Lords rather than the Supreme Court.

Civil cases are heard by different courts, as Figure 26 illustrates.

Described image
Figure 26 The civil court system
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This figure consists of a series of boxes, representing various courts. Upward-pointing arrows show the route of appeals from one court to another. Mauve boxes represent courts of first instance, which hear only new cases, and light brown boxes represent appellate courts, which hear only appeals. At the bottom of the figure there are two mauve boxes side by side, representing two courts of first instance. These are labelled ‘The County Court’ and ‘Magistrates’ Courts (jurisdiction on a limited range of civil matters)’. One arrow from each of the ‘The County Court’ and ‘Magistrates’ Courts (jurisdiction on a limited range of civil matters)’ boxes goes up to a light brown box labelled ‘Divisional Courts of the High Court’, showing that these are appellate courts. Next to this light brown box is a mauve box labelled ‘The High Court: Queen’s Bench, Family and Chancery Divisions’, showing that these are courts of first instance. One arrow from each of the ‘Divisional Courts of the High Court’ and ‘The High Court: Queen’s Bench, Family and Chancery Divisions’ boxes goes up to a light brown box labelled ‘Court of Appeal (Civil Division), showing that this is an appellate court. An arrow from the ‘Court of Appeal (Civil Division)’ box goes up to the light brown box at the figure, which is labelled ‘Supreme Court’, showing that this is the highest UK appellate court.

Figure 26 The civil court system

Most civil cases are heard in the County Court, while very serious or complex cases are dealt with by the High Court. The types of civil cases heard in magistrates’ courts are very limited. They include alcohol-licensing appeals, enforcing council-tax demands, and certain family law proceedings.

Decisions in both County Court and magistrates’ court cases can be appealed to the Divisional Courts of the High Court. Appeals from the High Court are heard by the Civil Division of the Court of Appeal. Cases which raise points of particular importance may be appealed from the Court of Appeal to the Supreme Court (before October 2009, formerly to the House of Lords), which hears both civil and criminal cases.