The classification of courts in England & Wales is a pointless exercise. We have criminal courts and civil courts and that is the end of the matter.

Critically discuss this statement with reference to the court structure, classification and functions of the court.

This question relates specifically to how the court system of E&W are classified. The question focuses specifically on the criminal and civil sphere and suggests that this is the best (and potentially only) way in which the courts can be classified. Students will need to present an argument as to whether they agree with this statement or not, and of course, to what extent they agree or disagree.

Students should first note that it is useful to distinguish courts according to their criminal civil works – Students can be clear that in the majority of scenarios there is a clear divide with the magistrates’ courts and Crown Court dealing with criminal matters and the County Court and High Court dealing with civil matters. However, students should detail that this is not a perfect classification given that some courts have a dual jurisdiction, e.g. the magistrates’ court may deal with certain civil matters (such as licensing permissions) and the High Court may deal with certain criminal matter (such as appeals from the magistrates’ court).

Students should also consider the other ways in which the courts can be classified and provide an argument as to whether those systems of classifications are more appropriate than the simple criminal and civil divide, for example:

• Divisions between first instance and appellate courts. Students should note the difficulty that some courts, such as the Crown Court, operate in both capacities.
• Superior and inferior courts. Students should note the same difficulty applies in relation to this distinction given the arbitrary classification of courts in such a manner.

Students may appropriately conclude that there is no perfect system for classifying courts in E&W. However, students may take an approach that one system is preferable over another – so long as this is explained fully and justified, they can give such opinion.