The UK Court System: A Comprehensive Guide

The UK Court System

The County Court

Deals with civil matters such as:

• Claims for debt repayment
• Personal injury
• Breach of contract concerning goods or property
• Family issues
• Housing disputes (mortgage, council rent arrears, repossession)

Most County Court cases are between people and companies who believe that someone owes them money.

The Crown Court

Deals with more serious criminal cases (murder, rape, robbery) which are on appeal or referred from the Magistrate's Court.

• Deals with cases transferred from Magistrate's Courts
• Hears appeals against decisions of the Magistrate's Courts
• Deals with cases sent for sentence from Magistrate's Courts

Trials are heard by a judge and a 12-person jury.

There are 77 Crown Courts across England and Wales.

The Supreme Court

In 2009, the Supreme Court replaced the Appellate Committee of the House of Lords as the highest court in the UK. Now, it is explicitly separate from both Government and Parliament.

The Court hears appeals on arguable points of law:

• For the whole UK in civil cases
• For England, Wales, and Northern Ireland in criminal cases

It also decides devolution issues (whether the devolved executive and legislative authorities in Scotland, Wales, and Northern Ireland have acted within their powers or have failed to comply with any duty imposed on them). Devolution cases can reach the Supreme Court in three ways:

1. Through a reference from someone with relevant authority (e.g., the Attorney General), whether or not the issue is the subject of litigation
2. Through an appeal from certain higher courts in England, Wales, Scotland, and Northern Ireland
3. Through a reference from certain appellate courts

Tribunals

Tribunals are set up by Acts of Parliament and supplement the system of courts. They decide the rights and obligations of private citizens towards each other and towards government departments or public authorities.

The intention of tribunals is to provide less formal proceedings in which claimants can lodge claims and respondents defend them and resolve their disputes without legal representation.

They are inferior to the courts, and their decisions are subject to judicial review (examination by a higher court).

Some examples of tribunals include:

• Employment Tribunal
• Lands Tribunal

Composition of Tribunals

A tribunal typically consists of three members:

• Chairperson (the only person legally qualified)
• Two lay representatives (with expertise in the areas governed by the tribunal)

A hearing clerk is responsible for administering procedures, clerical staff, and hearing accommodation.

Citizen Participation in the Courts: Jury Service

A jury comprises 12 members of the public, randomly selected using the electoral register. A jury decides whether someone is innocent or guilty of committing a serious crime.

You may be asked to serve on a jury at a civil or criminal trial if you:

1. Are at least 18 years old and under 70 years old
2. Are listed on the electoral register
3. Have lived in the UK for any period of at least 5 years since you were 13 years old

You can't be on a jury if you:

1. Have ever had a prison or youth custody sentence of more than 5 years
2. Have served any length of time in prison or youth custody in the last 10 years
3. Have or have had a mental health condition or mental disability