Hierarchy of Courts in England and Wales
Understand the hierarchy of courts in England and Wales for A Level Law, including civil and criminal routes, appeals and the role of binding precedent.
The Supreme Court is the highest court in England and Wales. Below it sits the Court of Appeal, with separate Civil and Criminal Divisions. Beneath those are the High Court and the main trial courts: the Crown Court for serious criminal cases, the County Court for many civil cases, and the Magistrates’ Courts for most criminal cases at first instance.
Civil and criminal routes
The hierarchy is easier to understand as two routes, rather than one straight list. Civil cases commonly begin in the County Court or High Court. Criminal cases usually begin in a Magistrates’ Court; more serious cases are tried in the Crown Court. The High Court has three divisions: King’s Bench, Chancery and Family.
Appeals depend on the type of case and the decision being challenged. For example, a person convicted in a Magistrates’ Court may appeal to the Crown Court. A person convicted in the Crown Court may be able to appeal to the Criminal Division of the Court of Appeal. A further appeal to the Supreme Court is possible only in limited circumstances. Some appeals from Magistrates’ Courts also go to the High Court on a point of law.
Why the hierarchy matters
The hierarchy helps determine binding precedent: a legal principle from a higher court that a lower court must follow in a later case with relevantly similar facts. For example, a Magistrates’ Court must follow an applicable Supreme Court decision. Higher courts can also review decisions made lower down the hierarchy through appeals.
Exam mistake to avoid: do not draw every court in a single ladder or assume every case passes through every court. The civil and criminal routes differ, and the correct appeal route depends on the case.
