AboutBruce Fyfe Expertise Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a serving, operational Police Officer with 25 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge.
NB Scottish, not English; criminal, not civil or immigration;
Question Hi Bruce,
in the UK could you tell me please, what is the difference between the Civil Court, Crown Court, and Supreme Court (Indeed, do we have a Supreme Court in the UK)?
Does a Judge preside over the cases in each of the Courts? And finally, is it possible for a hearing in a Civil Court to go to Crown Court and/or Supreme Court, and a hearing in a Crown Court to go to a Supreme Court? Under what circumstances would these occur?
Thank you very much for your help and time.
Kind Regards
Gary
Answer Gary
In the UK, all but the most serious or difficult civil and criminal cases are handled by separate court systems: civil cases by tribunals and county courts, criminal cases by magistrates' courts and Crown Court centres.
In England and Wales, more serious cases, and some appeals, are handled by the High Court. Appeals from the High Court and, in some cases, from subordinate courts are heard in the Court of Appeal.
In Scotland the Court of Session combines the roles of the High Court and Court of Appeal (see more on the Scottish criminal justice system below).
Appeals from the Court of Appeal and Court of Session may be heard in the House of Lords. A great deal of information about the UK court system may be found on the Court Service Web site (see Court Service). This subsection describes some of the more important English courts; there are others.
County courts
The 226 county courts hear most civil litigation, particularly financial matters like non-payment of debt, and disputes over land boundaries. The small claims court system is a division of the county courts, but with a streamlined claims procedure and a fixed upper limit on the size of the claim (see small claims court). Cases that cannot be resolved in the county courts, or which are appealed, will usually be heard in the High Court.
Magistrates' courts
Magistrates courts, of which there are about 900, hear most criminal cases initially. The less serious cases will be dealt with summarily by the magistrates (about 97% of cases are so dealt with); others will be referred to the Crown Court for jury trial or for sentencing. These processes are called 'committal for trial' or 'committal for sentencing' (see committal proceedings). For more information, see mode of trial. Appeals from the magistrates' courts on issues other than points of law are heard in the Crown Court.
Magistrates' courts also hear a number of civil actions, particular relating to licensing, and some may deal with family matters. These latter include the grant of maintenance, protection, and custody orders (see maintenance order, protection order, custody order).
Magistrates are not necessarily professional lawyers (stipendiary magistrates) but residents of the local community in good standing -- Justices of the Peace (see magistrate). A 'Clerk to the Justices' (a solicitor, see solicitor, or barrister, see barrister of five years' standing) provides guidance to the magistrates on points of law and precedent, and manages the administrative work of the court. The Clerk does not normally get involved with the judgement itself.
Crown Court
The 93 Crown Court centres hear most of the more serious criminal cases, and cases appealed from the magistrates' courts on points of fact. They may also determine sentence in cases where an offender has been found guilty by a magistrates' court, but the magistrates don't have sufficient powers to sentence appropriately. Decisions may be appealed to the Court of Appeal or 'by way of case stated' to the Divisional Court of the Queen's Bench Division (see case stated). It is not clear whether Crown Court decisions are binding on magistrates' courts; this is difficult to test because Crown Court decisions are not recorded in the Law Reports (see Law Reports) so precedent is not always clear.
High Court
The High Court hears the more serious civil cases, and most appeals from the county courts. It also hears some appeals from magistrates' courts, as will be discussed later. The High Court has three Divisions: 'Queen's Bench', 'Family' and 'Chancery'.
The Queen's Bench Division hears cases concerning contract law, tort law, commercial law, and admiralty. The Divisional Court of the Queen's Bench Divisional has a somewhat distinct role from the Queen's Bench Division itself, and is discussed separately. This Division is headed by the Lord Chief Justice (see Lord Chief Justice), who is also head of the Criminal Division of the Court of Appeal.
The Family Division deals with divorce and similar family matters, particular those relating to the care of children. It also contains the Probate Registry. The Division is headed by a President.
The Chancery Division deals with equitites and trusts, wills (see probate), companies and issues relating to patents.
Cases appealed from the High Court are heard in the Court of Appeal.
Divisional Court of the Queen's Bench Division
This court is formally part of the Queen's Bench Division of the High Court, but is concerned with criminal, not civil, cases. It hears appeals from the magistrates court on points of law, not on points of fact. This type of appeal is called an appeal 'by way of case stated' (see case stated).
Coroners' Court
Although historically the Coroners' Court had extensive powers, it is now concerned primarily with determining cause of death and the identity of the deceased. Coroners' Courts are often involved when death is suspicious, violent, or 'unnatural', or takes place in a prison or mental institution. If a person has been formally accused of causing a death, the the Coroners' Court formally ajourns until sentence is passed, and no verdict is offered.
Coroners' Courts have a number of roles which are less well-known. For example, they decide on the disposition of valuables discovered with no known owner ('treasure trove').
Court of Appeal
The Court of Appeal deals entirely with appeals from other courts. It has a Criminal Division, which deals with appeals from the Crown Court and the Queen's Bench Divisional Court, and a Civil Division for appeals from the High Court, county courts, and tribunals. Decision made in the Court of Appeal are binding (see stare decisis) on all other courts except the House of Lords. Decisions of the Criminal Division are binding on the Crown Court and magistrates' courts, and may be binding on the QB Divisional Court (this is uncertain at present). Decision of the Civil Division are binding on the county courts and High Court. The Criminal Division is headed by the Lord Chief Justice, the Civil Division by the Master of the Rolls. The judges of the Court of Appeal are formally known as Lords Justice of Appeal.
Courts Martial Appeal Court
The court that hears appeals from courts martial (military courts). Despite its business (or perhaps because of it) this court is not presided over by military personnel, but by the same judges that sit in the Criminal Division of the Court of Appeal.
House of Lords
The judicial function of the UK House of Lords is entirely separate from its role in government; the judicial work is done by a number of senior judges colloquially called 'Law Lords' (see Law Lord). They hear appeals from the High Court and the Court of Appeal and are, in effect, the final resort for appeal in the UK legal system. House of Lords rulings are binding on all other courts.
In Scotland:
- The High Court of Justiciary
The supreme criminal court in Scotland is the High Court of Justiciary. This consists of the Lord Justice General, the Lord Justice Clerk and other High Court Judges who are known as Lords Commissioners of Justiciary. These same Judges are also Judges of the supreme civil court in Scotland, the Court of Session, where the Lord Justice General is known as the Lord President.
The home of the High Court of Justiciary is Edinburgh but the court visits other towns and cities in Scotland "on circuit" as and when required. This court has power to deal with every type of criminal offence committed anywhere in Scotland and only the High Court may deal with the most serious crimes, the "Pleas of the Crown" of treason, murder and rape, over which it has exclusive jurisdiction.
Trials in the High Court are presided over by a single judge sitting with a jury of fifteen persons selected by ballot. Only advocates, the accused and solicitor-advocates have a right of audience before the High Court.
The common law sentencing powers of the High Court are unlimited, as are its statutory powers unless the statute creating the offence specifies a sentencing limit. A conviction for murder will be met with a mandatory life sentence.
- The Sheriff Court
Unlike the High Court, the Sheriff Court's jurisdiction is territorially limited. Scotland is divided into 6 Sheriffdoms and these are further divided into Sheriff Court districts.
Each Sheriffdom has a full-time Sheriff Principal and a number of Sheriffs who act as judges in the Sheriff Courts. The Sheriff is legally qualified and is appointed from the ranks of either the Scottish Bar or the solicitor profession in Scotland.
The Sheriff Court exercises a wide civil as well as criminal jurisdiction. In criminal trials the Sheriff may sit with or without a jury. If he sits with a jury (solemn proceedings) the maximum sentence that he may impose is 3 years' imprisonment. If the Sheriff considers this sentence to be inadequate he may remit the case to the High Court for sentencing following upon the conviction of the accused. If the Sheriff sits without a jury (summary proceedings) the maximum sentence that he may impose in respect of a common law crime is 3 months' imprisonment. In limited circumstances where there is a relevant previous criminal record, this maximum may be increased to 6 months. In some statutes the maximum summary sentence of imprisonment available to the Sheriff is 12 months' imprisonment.
The prosecutor in the Sheriff Court is the procurator Fiscal whether or not the case is proceeding by way of summary procedure or solemn procedure.
- The District Court
The lowest tier of criminal court in Scotland is the District Court. District Courts formerly corresponded with district council boundaries. Following local government reorganisation and the introduction of unitary authorities, District Councils have disappeared. District Court boundaries, with a few minor exceptions, have remained the same, however.
Judges in the District Courts are either lay (legally unqualified) Justices of the peace or (in Glasgow alone) legally qualified Stipendiary Magistrates. All criminal proceedings in the District Courts are dealt with by way of summary procedure. Stipendiary Magistrates have a similar jurisdiction and similar sentencing powers to those of a Sheriff in summary procedure. The maximum period of imprisonment that a justice of the Peace may impose is 60 days. Justices of the Peace are the only lay judges in Scotland and they deal with less serious offences.
The prosecutor in the District Court is the Procurator Fiscal.
- Appeal Procedures
A right of appeal from each of the criminal courts in Scotland lies to the High Court of Justiciary in Edinburgh, sitting as a Court of Criminal Appeal. Normally this court consists of 3 judges of the High Court but, in cases involving important matters of law, 7 or more judges may sit together.
As with the High Court, only advocates, solicitor-advocates and the party to the appeal who is appearing on his own behalf have a right of audience in the High Court.
