The legal system of England and Wales is admired for its long-standing history, deep-rooted principles of common law, and global influence. But for those navigating the system—whether as a litigant, legal professional, or interested observer—it’s vital to understand how the courts are structured and how they interact.

In this blog post, I break down the court hierarchy, explain the roles of different courts, and show how justice is administered across civil, criminal, and appellate matters.

The Basics: A Hierarchical Court System

The courts in England and Wales operate in a hierarchical structure. At the base are courts of first instance, where cases begin. Above these are appellate courts, which hear appeals on law or procedure. The structure broadly separates into civil and criminal branches, although some courts have jurisdiction in both.

Let’s explore them from the ground up.

Magistrates’ Courts (Criminal and Limited Civil)

Role: Entry point for almost all criminal cases.
Jurisdiction:

  • Summary offences (minor crimes like motoring offences and minor assaults)
  • Some either-way offences (which may be sent to Crown Court)
  • Preliminary hearings for indictable offences
  • Civil jurisdiction includes family matters, licensing, and enforcement of unpaid fines.

Judges: Magistrates (usually laypersons, supported by legal advisers) or District Judges (legally qualified and sitting alone).

Note: About 95% of criminal cases are resolved here—making it the busiest tier of the system.

Crown Court (Criminal)

Role: Handles serious criminal cases.
Jurisdiction:

  • Indictable offences (e.g. murder, robbery, rape)
  • Appeals from Magistrates’ Court
  • Sentencing for either-way offences referred up

Judges: Circuit Judges and High Court Judges (for most serious cases).
Jury: Trials are typically heard before a judge and jury of 12.

County Court (Civil)

Role: Deals with the majority of civil disputes.
Jurisdiction:

  • Contract and tort claims
  • Property disputes
  • Debt recovery
  • Family law (in some centres)

Judges: District and Circuit Judges.
The track system is used:

  • Small Claims Track: under £10,000
  • Fast Track: £10,000–£25,000
  • Multi Track: over £25,000 or complex cases

High Court (Civil & Some Criminal Jurisdiction)

The High Court is a senior court of first instance for high-value or complex civil matters and hears some criminal appeals.

It has three divisions:

  • Queen’s Bench Division (QBD): Contract, tort, judicial review, and criminal appeals (from Crown Court)
  • Chancery Division: Company law, insolvency, trusts, probate, and intellectual property
  • Family Division: Complex family law, including international child abduction and forced marriage

Judges: High Court Judges, assigned to divisions.

Court of Appeal

Divided into two divisions:

  • Civil Division: Appeals from High Court and County Court (and some tribunals)
  • Criminal Division: Appeals from Crown Court on conviction or sentence

Judges: Lord/Lady Justices of Appeal. Panels of three judges typically hear cases.

Note: The Court of Appeal does not re-hear cases—it reviews the law and procedures applied.

The Supreme Court of the United Kingdom

Role: The final court of appeal for civil cases across the UK and for criminal cases from England, Wales, and Northern Ireland.

Jurisdiction:

  • Constitutional and legal issues of public importance
  • Only hears appeals with permission (leave)

Judges: 12 Justices of the Supreme Court, including the President and Deputy President. Panels are usually made up of 5 or more justices.

Important: The Supreme Court replaced the Appellate Committee of the House of Lords in 2009, under the Constitutional Reform Act 2005.

Specialist Courts and Tribunals

In addition to the main structure:

  • Family Courts: Handle divorces, child arrangements, and care proceedings.
  • Youth Courts: Deal with offenders aged 10–17.
  • Tribunals: Deal with specific matters like immigration, employment, social security, and tax. Some tribunals have appeal routes to the Upper Tribunal and then the Court of Appeal.

Key Features of the English and Welsh Court System

  • Common Law System: Judicial precedent plays a critical role. Past decisions shape future rulings.
  • Open Justice: Proceedings are generally public, reinforcing transparency.
  • Independence of the Judiciary: Judges are independent of government, ensuring impartiality.

Final Thoughts

The court system in England and Wales is a well-ordered framework designed to ensure justice is delivered fairly and efficiently, from minor disputes to constitutional matters. Whether you're a client navigating the legal process, a student starting your studies, or a professional working within the system, understanding the structure is essential for effective engagement.

Stay tuned for next week’s post where I will dive deeper into how appeals work and the key principles of judicial review.