1.2 The UK Court System

13/10/2023, 11:47 1.
2 The UK court system
1.2 The UK court system
Site: Astutis Learning Campus Printed by: Leon Oosthuysen

Course: Home: DN1 - Workplace health and safety Date: Friday, 13 October 2023, 11:44 AM
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13/10/2023, 11:47 1.2 The UK court system
Table of contents
Criminal court structure

Magistrates' court
Crown Court
High Court Queen's Bench Division
Scottish court structure
Criminal courts
Bringing a criminal prosecution
Serving a summons
Learning check
Discovery learning
Criminal court structure
The main courts of criminal jurisdiction are shown below.
Explore more
Watch the below video from FlashLearn and answer the following questions:
1. What are the four different criminal courts?

2. What are the two civil law courts?
3. Which criminal court deals with the most cases?
4. What is the most senior criminal court?
5. Which court deals with appeals against the crown court?
Magistrates' court
Magistrates or Justices of the Peace (JPs) are generally non-lawyers appointed by the Lord Chancellor on the
recommendation of a local advisory committee with the aim of ensuring that the ‘bench’ is balanced with
representatives from a wide cross-section of the local community.
Magistrates typically sit in benches of three and, although advised on points of law by a legally qualified clerk, have
responsibility for determining the facts of the case and making a decision.
Full-time district judges (formerly known as stipendiary magistrates) also hear cases in a magistrates’ court. A district
judge will usually sit alone, whereas lay magistrates will normally sit in benches of three.
The magistrates’ court has some civil jurisdiction but most of its work relates to criminal cases. Over 94% of criminal
cases (mainly motoring offences and petty crimes) are heard in the magistrates’ courts.
Magistrates’ courts have a role to play in hearing summary offences, indictable offences and offences ‘triable either
way’:
Summary offences can only be dealt with by the magistrates’ court (a court of
summary jurisdiction).
Indictable offences are heard before a judge and jury in the Crown Court,
although proceedings begin in the magistrates’ court, where the magistrates
determine if there is sufficient evidence to commit the accused to the Crown
Court for trial. These are known as committal proceedings.
Cases that are triable either way, depending on the option exercised by the
accused and the gravity of the case, may be heard by the magistrates or sent to
the Crown Court for trial.
Some health and safety offences are summary, but many under the Health and Safety at Work etc. Act 1974 are triable
either way, depending on the seriousness of the offence.
Appeals against conviction and / or sentence from the magistrates court may be made by the accused to the Crown
Court, and will take the form of a rehearing before a judge (without a jury).
Appeals from the magistrates’ court on a point of law may be made by the defence or accused and are done by way of
‘case stated’ to the High Court, or more specifically the Divisional Court of the Queens’ Bench Division of the High
Court. An appeal by way of case stated is limited to appeals relating to matters of law i.e. where it is argued that the
Magistrates or District Judge were wrong in how they applied the law or that they acted in excess of their jurisdiction.
Explore more
Watch the below video from the University of Derby and answer the following questions:
1. What do the magistrates do?

2. How many magistrates are there usually?
3. Can magistrates refer a case to the crown court?
4. What does the legal advisor to the justices do?
5. Is there a jury in a magistrates' court?
Crown Court
The Crown Court hears indictable offences and those cases (usually of a more serious nature) that the prosecution or
defence have elected to have tried before the Crown Court.
Cases in the Crown Court are heard before a judge and jury. The judge’s role is to ensure that the trial is conducted
fairly, and to sum up for the jury on points of law. The jury is responsible for returning a verdict depending on the facts.
An appeal against conviction and / or sentence will go to the Court of Appeal
Explore more
Watch the below video from the University of Derby and answer the following questions:
1. What does the judge do?

2. What kind of cases does the crown court deal with?
3. What does the prosecuting barrister do?
4. What does the defence barrister do?
5. Is there a jury in a crown court?
High Court Queen's Bench Division
The Queen’s Bench Division (QBD) deals with civil cases involving things like contracts and negligence but can also
hear appeals from lower courts. When sitting in that capacity, the court is called a ‘Divisional Court of the High Court’.
The Divisional Courts hear appeals from courts and tribunals below them in the hierarchy.
The QBD hears:
appeals by way of ‘case stated’ from the decisions of the magistrates’ courts. The
High Court has wide-ranging powers and may reverse the decision appealed
against, affirm it or amend it. The High Court can also send the case back to the
Magistrates’ Court with its opinion on the point of law concerned which the
Magistrates or District Judge would then have to apply to the case in question
appeals from decisions of employment tribunals relating to prohibition and
improvement notices.
Note: Appeals against enforcement notices go to the Queen’s Bench Division rather than the Employment Appeal
Tribunal (EAT) because failure to comply with an enforcement notice is a criminal offence and the QBD is essentially a
criminal appeal court.
Scottish court structure
Explore more
Watch the below video from Shepwedd and answer the following questions:
1. What kind of cases do sheriff courts deal with?

2. How many sheriffs hear cases in a sheriff court?
3. Which court deals with personal injury cases in Scotland?
4. Which court is Scotland's supreme civil court?
5. Which house in the court of session deals with appeals?
Criminal courts
The High Court of Justiciary is Scotland’s supreme criminal court. When sitting at first instance as a trial court, it
hears the most serious criminal cases, such as murder and rape. A single judge hears cases with a jury of 15 people. At
first instance, it sits in cities and larger towns around Scotland, but as an appeal court, it sits mostly in Edinburgh.
The High Court hears criminal appeals from first instance cases from the High Court itself, sheriff courts and justice of
the peace courts.
The majority of cases are dealt with in the country’s sheriff courts. Criminal cases are heard by a sheriff and a jury
(solemn procedure), but can be heard by a sheriff alone (summary procedure).
The Sheriff Appeal Court was established in 2015 to hear appeals arising out of summary criminal proceedings from
both the sheriff and justice of the peace courts. The bench generally comprises two or three appeal sheriffs,
depending on the type of appeal to be considered.
Less serious criminal matters are heard in justice of the peace courts at first instance.
Note: in Scotland criminal proceedings are brought by the procurator fiscal rather than the enforcement agencies.
Once the HSE or local authority inspector (EHO) has conducted an investigation and gathered evidence the file is
passed to the procurator fiscal who determines whether or not to proceed.
Employment tribunal / employment appeals tribunal
Note: Employment tribunals and employment appeals tribunals operate in Scotland in the same way as in England
and Wales, under the auspices of HM Courts and Tribunal Service. There is a Scottish Employment Tribunal Customer
Contact Centre in Glasgow.
Bringing a criminal prosecution
In health and safety cases, criminal proceedings are commenced by the laying of an information in the magistrates’
court. The information is normally accompanied by a summons, which is intended to secure the accused’s attendance
at court, in order to answer the allegation(s) made against him / her contained in the information.
The purpose of the information is not only to initiate proceedings. It is also used with the summons based upon it, to
inform the accused, in clear and unambiguous language, of the alleged offence(s) so that an accused can consider
how she intends to plead and, if appropriate, commence preparation of their defence or mitigation.
In summary-only cases, an Information must normally be laid (i.e. delivered to the court) within 6 months of the
offence.
There is no time limit for commencing proceedings for an indictable offence (including an either way offence).
However, in all cases, this should be done as soon as possible, as the courts have discretion to dismiss a summons on
the grounds of abuse of process where there has been unjustified delay.
The "particulars" of the information should:
identify the defendant by giving full details of name and address. In the case of
individuals (including partners), the date of birth and National Insurance number
should also be included
describe the offence in ordinary language, avoiding so far as possible the use of
technical terms
give sufficient detail of the alleged offence to amount to “reasonable
information” of the nature of the allegation
refer to the statutory provision which creates the offence.
Serving a summons
The prosecution normally serves the summons on the defendant, which requires court attendance on the given date
and time. A copy of the original summons and certificate of service must be returned to the court.
The summons should be served as soon as possible, and a reasonable time before the first hearing.
Magistrates have judicial discretion to decline to proceed when service of a summons is delayed for so long as to be
unconscionable, or where the delay has resulted in substantial prejudice to the accused.
A summons may be served on an individual or a corporation, as follows:
On an individual
electronic means;
handing it to them;
sending it by first class post (or the equivalent of first class post) to an address
where it is reasonably believed that they will receive it or
leaving it at such an address.
On a body corporate
electronic means;
handing it to a person holding a senior position in the corporation or
Sending it by first class post (or equivalent) to the corporation’s principal office in
England and Wales, and if there is no readily identifiable principal office then any
place in England and Wales where it carries on its activities or business.
Learning check
Discovery learning
Search term:
"Criminal courts"
Suggested organisations:
GOV.uk
Courts and Tribunals Judiciary
Think about:
How does the information on these and other websites differ?

How often does this information change?
Who is affected by this information?
Is this information specific to a particular location?

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13/10/2023, 11:47 1.

2 The UK court system

1.2 The UK court system

Site: Astutis Learning Campus Printed by: Leon Oosthuysen

Criminal court structure

Criminal court structure

The main courts of criminal jurisdiction are shown below.

1. What are the four different criminal courts?

1. What do the magistrates do?

An appeal against conviction and / or sentence will go to the Court of Appeal

1. What does the judge do?

High Court Queen's Bench Division

The QBD hears:

Scottish court structure

1. What kind of cases do sheriff courts deal with?

Employment tribunal / employment appeals tribunal

Bringing a criminal prosecution

The "particulars" of the information should:

A summons may be served on an individual or a corporation, as follows:

How does the information on these and other websites differ?

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