The legal system in England and Wales

The Magistrates Court has limited powers with a maximum fine of 5000 (for employees) to 20000 for employers or for those who ignore prohibition notices. Magistrates are also able to imprison for up to six months for breaches of enforcement notices. The vast majority of health and safety criminal cases are dealt with in the Magistrates Court. 

The Crown Court hears the more serious cases, which are passed to them from the Magistrates Court -normally because the sentences available to the magistrates are felt to be too lenient. Cases are heard by a judge and jury, although some cases are heard by a judge alone. The penalties available to the Crown Court are an unlimited fine and up to two years imprisonment for breaches of enforcement notices. The Crown Court also hears appeals from the Magistrates Court. 

Appeals from the Crown Court are made to the Court of Appeal (Criminal Division) who may then give leave to appeal to the most senior court in the country - the House of Lords. The most senior judge at the Court of Appeal is the Lord Chief Justice. 

The lowest court in civil law is the County Court which only deals with minor cases (for compensation claims of up to 50 000 if the High Court agrees). Cases are normally heard by a judge sitting alone. For personal injury claims of less than 5000, a small claims court is also available. 

Most health and safety civil cases are heard in the High Court (Queen s Bench Division) before a judge only. It deals with compensation claims in excess of 50000 and acts as an appeal court for the County Court. 

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As mentioned earlier the legal system in England and Wales changed dramatically with the introduction of the Woolf reforms in 1999. These reforms apply to injury claims. This date was feared by many because of the uncertainty and the fact that the pre-action protocols were very demanding. 

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