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Essay On Classifying Courts

710 Words3 Pages

Identifying the jurisdictions of the courts of England and Wales will enable a conclusion to show that one way of classifying courts is as either 'courts of first instance' or 'appellate courts'.
A court of 'first instance' is the first court to hear a case, typically applying law to fact. In some cases, permission to appeal to a higher court can be granted, courts hearing appeals are known as 'appellate courts'. Appellate courts consider issues of law, determining if they agree with the 'court of first instances' application of law to fact or identifying if the law should be applied differently.
Magistrates' courts are at the bottom of the hierarchical court structure, hearing summary and 'triable either way' criminal offences, and simple civil cases, like, non-payment of council tax. Appeals in civil cases are sent to the High Court. The magistrates' court provides the defence in criminal cases an automatic right of appeal, usually to the Crown Court. Where defendants pleaded not guilty, the appeal examines the conviction and/or sentence; where defendants pleaded guilty, the appeal examines the sentence. Crown Courts are criminal courts hearing indictable and 'triable either way' offences transferred from the …show more content…

This overlap can be seen within the jurisdiction of the High Court, being a superior court that accepts 'by way of case stated' criminal appeals, and a court of first instance for civil claims of over £50,000. Classifying courts as either 'courts of first instance' or 'appellate courts' can be seen as the magistrates' court is a 'court of first instance' and the Supreme Court is an 'appellant court'. However, it is a simplistic classification and fails to divide the courts in England and Wales perfectly as one or the

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