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The Judiciary
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[edit] Structure
In general, each of the constituent nations of the United Kingdom (England, Wales, Scotland and Northern Ireland) have distinct legal systems. England and Wales have a common legal system, to which the Northern Irish system is very similar. Scotland's system has developed separately, so its courts have little in common with those of the rest of the United Kingdom.
[edit] England and Wales
The lowest court in England and Wales is the Magistrates' Court. Magistrates, also known as Justices of the Peace, are laypersons who may not necessarily have a legal degree and are appointed by the Sovereign. The court hears "summary" offences (punishable by six months or less in prison). When hearing such cases, three magistrates sit together as a panel without a jury. In some metropolitan areas, such as London, there are no magistrates; instead, summary cases are tried by a single District Judge who is trained in law.
Serious criminal cases are tried before a Crown Court with a jury of twelve. The accused may also choose to have certain summary offences tried before a Crown Court and jury; furthermore, the Court hears appeals from Magistrates' courts. Though the Crown Court is a single body, it sits at several different centres across England and Wales.
The counterpart to the Crown and Magistrates' Courts in the civil justice system is the County Court. There are 218 County Courts in England and Wales. Appeal lies from the County Court to the High Court of England and Wales. The High Court, a unitary body, may also have original jurisdiction in complex cases.
The High Court has three divisions: the Family Division, the Chancery Division and the Queen's Bench Division. The Family Division is presided over by the Lord President of the Family Division; it hears cases relating to matrimonial affairs, child welfare, child custody and adoption. The Chancery Division is headed by the Lord Chancellor and hears cases involving land, companies, bankruptcy and probate. Since the Lord Chancellor has several other duties, including sitting in Parliament and serving as a Government minister, the Vice-Chancellor actually presides.
Finally, the Queen's Bench Division, headed by the Lord Chief Justice, hears most other cases, including those involving torts (civil wrongs). The Queen's Bench also encompasses four other courts: the Admiralty Court (which considers matters relating to shipping), the Commercial Court (which considers cases involving insurance, banking and commerce), the Technology and Construction Court (which considers cases involving complex technological matters) and the Administrative Court (which exercises judicial review in relation to the decisions of local government). In addition to civil cases, the Queen's Bench, alone amongst the three divisions, has a role in criminal justice. The Court may hear appeals for writs of habeas corpus. Also, the Queen's Bench may hear appeals from the Magistrates' Court if that Court refers the case to it for legal advice.
Above the High Court in civil cases and the Crown Court in criminal cases is the Court of Appeal, which includes the Master of the Rolls, 35 Lords Justices of Appeal, and other judges. The Court is divided into the Civil Division (presided over by the Master of the Rolls) and the Criminal Division (presided over by the Lord Chief Justice, who is also the head of the Queen's Bench). In civil cases, the Lord Chancellor, Lord President of the Family Division, Vice-Chancellor and other judges of the High Court may sit along with Lords Justices of Appeal in hearing cases. Appeals may only be heard "by leave," that is, with the permission of the either the Court of Appeal or the judge whose decision is being contested. In some cases, it is possible to "leapfrog" the High Court and bring a case directly from a County Court.
Together, the Crown Court, High Court and Court of Appeal constitute the Supreme Court. Thus, since they are theoretically one body, it is possible for judges of one court to sit in other courts. Despite its name, however, the Supreme Court is not the highest British court; that distinction goes to the House of Lords. Cases may be appealed from the Court of Appeal; it is also possible to leapfrog from the High Court, but not from the Crown Court. Normally, leave to appeal is not granted unless the case is of great constitutional importance. Though the House of Lords as a whole is empowered to hear cases, by convention, only some members, called Law Lords (or, more formally, Lords of Appeal) actually do so. There are up to twelve Lords of Appeal in Ordinary, who are normal members of the House of Lords but do not normally vote on political questions. The Law Lords are joined by the Lord Chancellor and other Lords who have previously held high judicial office. The case is heard by a committee of Law Lords, but the decision is rendered during a full session of the House of Lords. Though Lords who are not Lords of Appeal may take part in any of these proceedings, they, by convention, do not do so.
[edit] Northern Ireland
Northern Ireland's system follows basically the same model as England and Wales'. One main difference lies in the number of judges; Northern Ireland has far fewer courts and judges than England and Wales. Furthermore, there is no Lord Chancellor or Master of the Rolls in Northern Ireland. Otherwise, there are very few fundamental differences between the two court systems.
[edit] Scotland
Scotland's court system developed independently of England's. In the Treaty of Union of 1707 uniting England and Scotland, the Scottish legal system was guaranteed.
The equivalents of the Magistrates' Courts of England are Scotland's District Courts. District Courts may not impose a sentence of more than sixty days. As in England, lay Justices of the Peace sit in sets of three; furthermore, again like in England, paid and trained judges may sit in metropolitan areas. It is also possible for a single lay Justice of the Peace to sit along with a legally qualified clerk.
The next court in the hierarchy is the Sheriff's Court. There are 49 Sheriff's Courts across Scotland; these hear both criminal and civil cases. In serious cases, the judge, known as a Sheriff, uses a jury of fifteen persons. The Sheriff's Courts are grouped into six different Sheriffdoms, each of which is headed by a Sheriff Principal. Within the Sheriff's Court system, the Sheriff Principal may hear appeals from other Sheriffs in summary cases (minor cases tried without a jury).
The highest Scottish courts are the Court of Session and the High Court of Justiciary. The two courts have identical membership; the judges have different titles depending on which court they are sitting in. In the Court of Session, the judges are known as Lords and Ladies of Council and Session or Senators of the College of Justice. In the High Court, they are the Lords Commissioners of Justiciary. The head of the Court is called the Lord President in the Court of Session and the Lord Justice-General in the High Court. The Lord President's deputy is called the Lord Justice Clerk in each case. Including the Lord President and Lord Justice Clerk, there may be up to thirty-two judges in the Court of Session and High Court.
The High Court hears criminal cases in Scotland. The Court hears cases involving very serious crimes such as murder and drug trafficking. In such instances, a single judge sits with a jury of fifteen. Also, the Court hears appeals from the Sheriff's and District Courts in criminal cases. Internal appeals against decisions by High Court judges in criminal trials may also be heard. Two judges consider appeals against sentences while three consider appeals against convictions. The decision of the High Court is final and cannot be appealed, even to the House of Lords.
The Court of Session considers civil cases. It is divided into the Outer House, of nineteen judges, and the Inner House, which includes the remaining judges. The Outer House has original jurisdiction, while the Inner House has appellate jurisdiction. The Inner House is further divided into the First and Second Divisions, headed by the Lord President and Lord Justice Clerk respectively. Sometimes, when many cases are before the court, an Extra Division may be appointed. Each Division may sit as a panel hearing an appeal fromt the Sheriff's Court or from the Outer House. Appeals are possible to the House of Lords.
[edit] Privy Council
Appeals are also possible to the Privy Council. Generally, the Privy Council does not deal with many domestic cases; most appeals are from Commonwealth Realms. The appeal is heard by the Judicial Committee, which is composed of the Lord Chancellor, ex-Lord Chancellors, Law Lords (who also serve in the House of Lords), Privy Counsellors who are or were Lords Justices of Appeal in England and Wales or Northern Ireland, Privy Counsellors who are or were members of the Inner House of the Court of Session and also a number of judges of the courts of certain other Commonwealth countries. Members must retire at the age of 75, but the sitting Lord Chancellor is exempt from this limit.
Appeals may be made to Her Majesty in Council from several Commonwealth realms and from all of the United Kingdom's overseas territories and Crown dependencies. The Sovereign formally makes the decision on the "advice" of the Judicial Committee. Some Commonwealth Realms (Australia, Canada, New Zealand, Papua New Guinea and the Solomon Islands) have abolished appeals to the Queen-in-Council, instead choosing to have a local court be the court of last resort.
In some cases, appeals are made to the Judicial Committee rather than to the Queen-in-Council. This occurs in the cases of Trinidad and Tobago, Dominica, Kiribati and Mauritius. These nations are republics, but have chosen to retain an appeal to the Privy Council. Finally, appeals are heard by the Privy Council Judicial Committee from the Sultanate of Brunei. In that case, the appeal is technically to the Sultan of Brunei, who receives the "advice" of the Judicial Committee.
The Judicial Committee also has limited domestic jurisdiction. The Queen-in-Council can hear issues relating to devolution (see next chapter). A Law Officer of the Crown (such as the Attorney-General) may refer a bill, issue or case to the Committee, as may any appellate court. The Committee must decide if the devolved authority has acted within the bounds set by Parliament.
The Queen-in-Council also considers appeals from the disciplinary committees of certain medical bodies such as the Royal College of Surgeons. Also, cases against the Church Commissioners (cabinet officers who control ecclesiastic estates) may be considered. Appeals may be heard from certain ecclesiastic courts (the Court of Arches in Canterbury and the Chancery Court in York) in cases that do not involve Church doctrine. Appeals may also be heard from certain obsolete courts, including Prize Courts (which may hear cases relating to the capture of enemy ships at sea, and the ownership of property seized from the captured ships) and the Court of Admiralty of the Cinque Ports. Finally, the Queen-in-Council determines if an individual is qualified to be elected to the House of Commons under the House of Commons Disqualification Act.
