The structure of the english court system
The Structure of the English Court System
Courts of First Instance
Courts of first instance are where matters are first heard and where the FACTS of the case are determined, for criminal courts, these can either be Magistrates courts or Crown courts. All cases (even murder) are first heard in a magistrate’s court, and if the cases are too serious then they are transferred up to higher court (Crown Court) this is mostly indictable offenses. Magistrate courts decide whether the defendant is guilty or not guilty and will only have a jury if the defendant’s plea is “not guilty”
A crown court can also be a court of first instances for indictable offenses. Indictable offenses; Rape, Murder burglary etc… are all heard in a crown court, which hear appeals from magistrate’s courts.
For civil courts, the case is first heard in the County Court and then may be transferred to a High Court, depending on the severity of the case. Appellate courts
An appellate court is a court of law that is empowered to hear an appeal of a court of first instance (trial court)
Youth Courts
Youth Courts are Magistrates courts but the magistrates and district Judges have received specialist training in order for them to be able to deal with younger offenders.
A youth offender will be tried in a youth court unless he is being charged alongside an adult; in this case they will be tried in an adult magistrate’s court.
Certain indictable cases that are performed by a juvenile can be heard in a Crown Court such as; homicide, firearms offence, sexual assault etc…
Summary, Indictable and Triable either way offences
Summary Offences
A summary offence is a less serious offence such as; motoring offences Less serious assault.
Triable Either Way Offences
A triable either way offence is that of a more serious offence for example;
Theft
ABH (Actual Bodily Harm)
Wounding (without intent)
More serious assaults
Burglary
Indictable Offences
An indictable offence is the most
Courts of First Instance
Courts of first instance are where matters are first heard and where the FACTS of the case are determined, for criminal courts, these can either be Magistrates courts or Crown courts. All cases (even murder) are first heard in a magistrate’s court, and if the cases are too serious then they are transferred up to higher court (Crown Court) this is mostly indictable offenses. Magistrate courts decide whether the defendant is guilty or not guilty and will only have a jury if the defendant’s plea is “not guilty”
A crown court can also be a court of first instances for indictable offenses. Indictable offenses; Rape, Murder burglary etc… are all heard in a crown court, which hear appeals from magistrate’s courts.
For civil courts, the case is first heard in the County Court and then may be transferred to a High Court, depending on the severity of the case. Appellate courts
An appellate court is a court of law that is empowered to hear an appeal of a court of first instance (trial court)
Youth Courts
Youth Courts are Magistrates courts but the magistrates and district Judges have received specialist training in order for them to be able to deal with younger offenders.
A youth offender will be tried in a youth court unless he is being charged alongside an adult; in this case they will be tried in an adult magistrate’s court.
Certain indictable cases that are performed by a juvenile can be heard in a Crown Court such as; homicide, firearms offence, sexual assault etc…
Summary, Indictable and Triable either way offences
Summary Offences
A summary offence is a less serious offence such as; motoring offences Less serious assault.
Triable Either Way Offences
A triable either way offence is that of a more serious offence for example;
Theft
ABH (Actual Bodily Harm)
Wounding (without intent)
More serious assaults
Burglary
Indictable Offences
An indictable offence is the most