Judicial Statistics Annual Report 2004 Judicial Statistics England and Wales for the year 2004 Presented to Parliament by the Secretary of State for Constitutional Affairs and Lord Chancellor by Command of Her Majesty May 2005 Cm 6565 £21.00 Previous Reports 2003 Cmnd. 6251 2002 Cmnd. 5863 2001 Cmnd. 5551 2000 Cmnd. 5223 1999 Cmnd. 4786 1998 Cmnd. 4371 1997 Cmnd. 3980 1996 Cmnd. 3716 1995 Cmnd. 3290 1994 Cmnd. 2891 1993 Cmnd. 2623 1992 Cmnd. 2268 1991 Cmnd. 1990 1990 Cmnd. 1573 1989 Cmnd. 1154 1988 Cmnd. 745 1987 Cmnd. 428 1986 Cmnd. 173 1985 Cmnd. 9864 1984 Cmnd. 9599 1983 Cmnd. 9370 © Crown Copyright 2005 The text in this document (excluding the Royal Arms and departmental logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. 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Fax: 01603 723000 or e-mail: licensing@cabinet-office.x.gsi.gov.uk Judicial Statistics 2004 | Contents Introduction 1 1 Appellate Courts 5 The Judicial Committee of the Privy Council 6 The House of Lords 11 The Court of Appeal 16 The High Court 21 2 High Court – Chancery Division 27 Chancery 28 Bankruptcy 31 Companies Court 32 Patents Court 34 3 High Court – Queen’s Bench Division 35 Queen’s Bench 36 Admiralty Court 44 Commercial Court 46 Technology and Construction Court 46 4 County Courts 48 Introduction 49 Claims and miscellaneous hearings 50 Default actions, the Claim Production Centre, actions for the recovery of land (mortgage possession and other), judgments and hearings, waiting times for small claims and trials, registration of judgments Enforcement of judgments 59 Warrants of execution, the County Court Bulk Centre, the Traffic Enforcement Centre, charging orders, garnishee orders (now known as third party debt orders), attachment of earnings orders, administration orders, oral examinations (now known as orders to obtain information from judgment debtors) iii Judicial Statistics 2004 | Contents Bankruptcy and company winding-up 62 5 Family Matters 63 The Children Act 1989 64 Courts’ jurisdiction, judges’ and magistrates’ jurisdiction, applications, orders, ‘The Voice of the Child’ Other Child Matters 71 Wardship, adoption Matrimonial Matters 72 Divorce, nullity and judicial separation, maintenance, enforcement of maintenance, domestic violence Probate 79 6 The Crown Court 81 Introduction 82 Reform of the criminal law 82 Committals for trial 83 Committals for sentence 84 Appeals 84 Receipts, disposals and results 85 Waiting times 94 Other waiting times statistics 97 Hearing times 98 7 Tribunals 99 The Adjudicator to HM Land Registry 101 The Finance and Tax Tribunal 102 The Financial Services and Markets Tribunal 104 The Gender Recognition Panel 105 iv Judicial Statistics 2004 | Contents The Immigration Appellate Authorities 105 The Asylum and Immigration Tribunal 107 The Immigration Services Tribunal 107 The Information Tribunal 108 The Lands Tribunals 109 The Pathogen Access Appeal Commission 110 The Pensions Appeal Tribunal 110 The Proscribed Organisation Appeals Commission 112 The Social Security and Child Support Commissioners 112 The Special Immigration Appeals Commission 113 The Transport Tribunal 113 The Employment Appeal Tribunal 114 The General Commissioners 116 8 Offices of the Supreme Court 117 The Office of the Official Solicitor and Public Trustee 118 Tipstaff 120 Court of Protection 121 The Public Guardianship Office 122 Court Funds Office 124 9 The Judiciary 126 Judges 128 The Lay Magistracy 133 District Judges (Magistrates’ Courts) 133 v Judicial Statistics 2004 | Contents 10 Publicly Funded Legal Services and Taxation of Costs 136 The Administration of Publicly Funded Legal Services 136 Civil Funding 136 Criminal Public Funding 139 Publicly Funded Legal Services Expenditure 143 Other Publicly Funded Legal Services statistics 144 11 Data Quality and Sources 145 vi Judicial Statistics 2004 | Introduction Introduction As part of the Government’s continuing drive to modernise the constitution and public services, the Prime Minister announced on 12 June 2003 the creation of a new Department for Constitutional Affairs. This new Department incorporates most of the responsibilities of the former Lord Chancellor’s Department. Contents of this volume The statistics of this volume relate to the criminal and civil business of those courts in England and Wales for whose administration the Lord Chancellor is responsible. They also cover the work of some associated offices including the Public Guardianship Office, the Judicial Committee of the Privy Council and certain tribunals. Statistics relating to Northern Ireland courts are available separately from the Northern Ireland Court Service. Each of chapters 1-8 includes a brief description of the function, constitution and jurisdiction of the courts or tribunals concerned together with an explanation of some of the procedures involved. Chapters 9 and 10 deal with the judiciary and taxation of costs and publicly funded legal services, respectively. In addition, commentary highlighting the major features of the statistics and any notable trends is included. All data relates to the calendar years shown, unless otherwise indicated. Reference to related statistical publications, where appropriate, is included. The court structure The present arrangements for the organisation and administration of the superior courts date from 1 January 1972, when the Courts Act 1971 came into operation. The Lord Chancellor is responsible for the administration of the Supreme Court, which consists of the Court of Appeal, the High Court, and the Crown Court, and of the county courts (see chart on page 3). Administrative responsibility is exercised through the Court Service which became an executive agency on 3 April 1995. Court Service staff are headed by a Circuit Administrator in each of the six circuits in England and Wales. These circuits are the Midland with its headquarters in Birmingham, the North Eastern (Leeds), the Northern (Manchester), the South Eastern (London), the Wales and Chester (Cardiff) and the Western (Bristol). The map on page 4 shows the area covered by each circuit. The Crown Court mainly deals with the more serious criminal offences which are committed for trial by magistrates’ courts. The judges of the Crown Court are High Court judges (who also sit in the High Court to take civil business), circuit judges (who also sit in the county courts to try the less important civil 1 Judicial Statistics 2004 | Introduction cases), and part-time recorders. Overall supervision of the judicial work on each circuit is the responsibility of two High Court judges nominated by the Lord Chief Justice to act as Presiding Judges on the circuit, under the Senior Presiding Judge for England and Wales. Below the level of the High Court there are around 220 county courts, each of which has jurisdiction within its own district. They are presided over by circuit judges and district judges. Judges are specially nominated by the Lord Chancellor for family work. This is referred to in more detail in Chapter 5. One of the main features of the system is the flexible way in which it enables the judges to be deployed. High Court judges, circuit judges, and recorders are all judges of the Crown Court. As well as dealing with civil cases in the county courts, circuit judges may also be invited by the Lord Chancellor to sit from time to time as judges of the High Court for civil business. Recorders sit primarily in the Crown Court, but they may also sit on civil business. Magistrates’ Courts From April 1992 the Lord Chancellor assumed responsibility for the administration of magistrates’ courts. Statistics relating to criminal proceedings in these courts are published annually in the Home Office publication Criminal Statistics. Statistics relating to the family proceedings courts and the appointment of justices of the peace are dealt with in chapters 5 and 9 respectively in this edition of Judicial Statistics. Symbols and conventions used The following symbols are used in the tables of this volume: – nil .. not available or not appropriate Estimated figures based on sample data are rounded and distinguished by italic type. Enquiries regarding this publication or requests for unpublished data should be addressed to: HM Court Service Performance Directorate Steel House, 11 Tothill Street London, SW1H 9LJ Editors: Alan Sealy and Shahin Aktar Designed by the Court Service Publications Branch Alternative copies of this publication in Braille or large print formats can be made available if required. Production time will depend upon demand. 2 Judicial Statistics 2004 | Introduction An outline of the court structure in England and Wales This diagram is, of necessity, much simplified and should not be taken as a comprehensive statement on the jurisdiction of any specific court. House of Lords Judicial Committee of the Privy Council appeals from Court of Appeal and High Court (also Scotland appeals from the and Northern Ireland) Commonwealth, etc. Court of Appeal Civil Division Criminal Division appeals from High Court, appeals from Crown Court tribunals and county courts High Court Chancery Division Family Division Queen’s Bench Division equity and trusts, matrimonial proceedings, contract and tort, etc. contentious probate, proceedings relating Commercial