3.1.2. Senior Courts of England and Wales

• Court of Appeal

• High Court of Justice

• Crown Court

3.1.2.1. Court of Appeal

The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above it.

The Court is divided into two Divisions: the Civil Division and the Criminal Division. The Master of the Rolls presides over the Civil Division, while the Lord Chief Justice does the same in the Criminal Division. The other permanent judges of the Court of Appeal are known as Lords Justices of Appeal.

The Civil Division hears appeals from the High Court and County Court and certain superior tribunals, while the Criminal Division may only hear appeals from the Crown Court connected with a trial on indictment (i.e. trial by judge and jury; the jury is only present if the defendant pleads “not guilty”).

3.1.2.2. High Court

The High Court of Justice functions as a civil court of first instance, dealing with all cases of high value and importance, and also has a supervisory jurisdiction over all subordinate courts and tribunals.

The High Court consists of three main divisions: the Queen’s Bench Division, the Chancery Division and the Family Division. These divisions of the High Court are not separate courts. Although particular kinds of cases will be assigned to each division depending on their subject matter, each division may exercise the jurisdiction of the High Court.

Queen’s Bench Division

The Queen’s Bench Division – or King’s Bench Division when the monarch is a King – has two roles. It hears a wide range of contract law and personal injury/general negligence cases, but also has special responsibility as a supervisory court. Queen’s Bench Division judges also sit in the Crown Court, hearing criminal cases (as do Circuit judges and Recorders).

Chancery Division

The Chancery Division deals with business law, trusts law, probate law, and land law in relation to issues of equity. In addition it has specialist courts within it which deal with intellectual property and company law. All tax appeals are assigned to the Chancery Division.

Family Division

The Family Division deals with matters such as divorce, children, probate and medical treatment.

3.1.2.3. Crown Court

The Crown Court of England and Wales is a criminal court of both original and appellate jurisdiction which in addition handles a limited amount of civil business both at first instance and on appeal.

The Crown Court is the only court in England and Wales that has the jurisdiction to try cases on indictment (i.e. trial by judge and jury) and when exercising such a role it is a superior court in that its judgments cannot be reviewed by the Queen’s Bench Division of the High Court. It also hears appeals against decisions made in the magistrates’ courts and deals with cases sent from magistrates’ courts for sentence.

The Judges who normally sit in the Crown Court are High Court Judges, Circuit Judges and Recorders. Circuit Judges are the same Judges as sit in the County Court. Recorders are Barristers or Solicitors in private practice, who sit part time as Judges. The most serious cases (treason, murder, rape etc.) are allocated to High Court Judges and Senior Circuit Judges. The remainder are dealt with by Circuit Judges and Recorders, although Recorders will normally handle less serious work than Circuit Judges. The allocation is conducted according to directions given by the Lord Chief Justice of England and Wales.