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The way a court works depends on the kinds of cases it hears. Some courts have a judge and jury, while others have a panel of magistrates. Some courts are more formal than others. Knowing how a court works can help you prepare for your case.
Dealing with less serious criminal cases and civil matters, the role of the Magistrates’ Court includes:
Magistrates Courts do not use a jury but instead three magistrates sitting as a ‘bench’. They decide and pass judgement with help from a trained legal advisor, on whether someone accused of a crime is guilty.
If the person accused of a crime is under 18, their case may be held in Youth Court.
Youth courts are less formal than magistrates' courts, are more open and engage more with the young person appearing in court and their family. The judges in youth court do not wear robes, and the way cases are handled is designed not to intimidate children.
If the case is a serious one, though, it will be heard in Crown Court regardless of the age of the defendant.
Most County Court cases are between people or companies who believe that someone owes them money. The more common matters dealt with at a County Court include:
Claims for small amounts are generally straightforward and there is usually no need for those involved to use solicitors.
Cases in County Court are heard by a judge, but not a jury.
After the hearing those involved are sent an order, sometimes called a judgment, which explains the judge's decision. Judgments which relate to payment of money are almost all recorded on the Register of County Court Judgments. That information is used by banks, building societies and credit companies to check your credit rating.
If you fail to pay the debt ordered by the judge, the person you owe the money to can ask the court to try and recover the money legally.
These courts deal with more serious criminal cases, such as murder, rape or robbery. It also handles cases on appeal and those referred to them by Magistrates' Courts.
Trials are heard by a judge and a 12-person jury. Members of the public are selected for jury service.
Criminal trials usually take place in open court - which means that members of the press and public are allowed to hear and see what is happening.
Once all the evidence has been presented, the jury decides if the person is guilty or innocent. The judge then decides the sentence, based on government-issued guidelines.
The High Court, headed by the Lord Chief Justice of England and Wales, handles the most high-profile criminal and civil cases, and supervises other courts and tribunals.
The court is based at the Royal Courts of Justice in London, and there are district courts in England and Wales.
Most proceedings in the High Court are held before a single judge, but certain cases are assigned to a divisional court (which involves a bench of two or more judges).
The Court of Appeal of England and Wales hears cases in which lower courts have made decisions, but now those involved in the case disagree with what has been decided. They might also disagree with the way in which the decision was made.
The court is divided into criminal and civil sections. The head of the civil section of the court is the Master of the Rolls, while the head of the criminal section is the Lord Chief Justice.
The other permanent judges of the Court of Appeal are known as Lords Justices of Appeal.
The court hears appeals from the High Court. It also hears appeals of criminal cases that were decided in the Crown Court.
In the appeals court, three judges, sitting as a panel, normally hear each case.
When cases involve children, they are often heard in Family Court.
These courts handle cases such as:
Most family court proceedings are held in private, with the media not allowed in and the decisions usually not made public.
Tribunals can handle a varied range of cases, such as immigration, social security, child support, pensions, taxes and employment.
Each tribunal is run slightly differently, but all are less formal than some other courts.
Those with cases before tribunals give their evidence under an oath or affirmation, as in other courts. They can still be charged with perjury if they fail to tell the truth.
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