Criminal Division of Courts in England and Wales

Study Notes

Court Divisions

The court structure in England and Wales is generally divided into three divisions: criminal, civil, and administrative.

Criminal Division

The criminal justice system focuses on prosecuting individuals accused of criminal offenses.
The Crown (represented by Regina or R in case names) is the second party in such cases.
Cases typically begin in the Magistrates' Court, where bail hearings are held to determine if the accused should be held in custody or released.
Less serious offenses are heard in the Magistrates' Court before lay magistrates or a single judge.
More serious offenses are heard in the Crown Court, or, in certain cases, the accused can elect for their case to be heard there.
Appeals from the Magistrates' Court proceed to the Crown Court, then to the High Court (on points of law only), and ultimately to the Court of Appeal or the Supreme Court.
First instance cases in the Crown Court are appealed to the Court of Appeal (Criminal Division) and potentially to the Supreme Court.

Civil Division

The civil justice system handles civil matters like personal injury claims or breaches of contract between parties.
Small claims are brought in the County Court, while larger claims can be brought in either the County Court or the High Court.
Appeals from the County Court go to the High Court, then to the Court of Appeal (Civil Division) and ultimately the Supreme Court.

Administrative Division

This division handles challenges against public or governmental decisions.
Judicial review cases challenge actions or decisions of public bodies (like welfare and immigration tribunals).
The First Tier and Upper Tier immigration tribunals are responsible for a high number of decisions annually.

Court Jurisdiction

The High Court in England and Wales has inherent jurisdiction, meaning its powers aren't conferred by statute and can't be easily removed by legislation.
The High Court has three divisions: Family Division, Queen's Bench Division, and Chancery Division.
The Administrative Court, where judicial review cases are heard, is part of the Queen's Bench Division.

Appeals and International Influences

The UK Supreme Court is the final court of appeal in England and Wales, Northern Ireland, and Scotland.
Cases involving European Union law can be appealed to the Court of Justice of the European Union (CJEU), which makes interpretive decisions and sends them back to domestic courts for factual determination.
The UK is also a member of the European Convention on Human Rights, which currently binds its courts through the European Court of Human Rights (ECHR) in Strasbourg.
The UK Government has announced plans to repeal the Human Rights Act 1998, potentially changing the relationship between UK courts and the ECHR.
The UK courts must follow the Strasbourg Court's "clear and constant jurisprudence" unless special circumstances apply.

Description

Explore the structure and functions of the criminal division within the court system of England and Wales. This quiz covers the processes involved from the Magistrates' Court to the Crown Court and the appeal system. Test your knowledge on how criminal cases are handled and the roles of various courts and parties involved.