Judicial organization

Superior courts. The highest court is the House of Lords, which exercises the judicial function of Parliament. In theory appeal to the House of Lords is an appeal to the whole House but in practice, particularly since the Appellate Jurisdiction Act, 1876, created a group of salaried life peers, or ‘law lords’. Lay peers do not participate in judicial sittings of the House. Appeals are referred to an Appellate Committee of the House. By that Act appeal must be heard by at least three of the Lord Chancellor, the Lords of Appeal in Ordinary, and such peers as hold or have held high judicial office.

The Court of Appeal sits in both civil and criminal divisions. The Civil division hears appeals from the High Court, county courts and certain special courts, and certain tribunals, such as the Lands Tribunal. The Criminal division hears appeals by persons convicted on indictment in the Crown Courts.

The High Court in its civil jurisdiction is divided into three Divisions (Queen’s Bench, Chancery, and Family) to each of which certain kinds of cases are assigned. Divisional court consisting of two or more judges, have limited appellate jurisdiction in certain cases. The main civil jurisdiction is exercised by single judges hearing cases of the kind appropriate to the divisions to which the judges belong.

The criminal jurisdiction of the High Court is exercised exclusively by the Queen’s Bench Division. A divisional court of two or three judges of that Division deals with appeals from a Crown Court and magistrates’ court and also exercises the supervisory jurisdiction.

The Crown Court, created in 1972, replaces the former assizes and quarter sessions. It exercises criminal jurisdiction and sittings are held regularly at major towns throughout England and Wales. It comprises judges of the Queen’s Bench Division of the High Court, circuit judges and Recorders (part-time judges). They sit singly with juries trying persons charged on indictment with crimes. A judge of the Crown Court sits with two to four justices of the peace to hear appeals from magistrates’ court.

Inferior courts. County courts have exclusively civil jurisdiction, which is limited in extent and in area, and which is entirely statutory. The judges are persons who also hold office as Circuit judges of the Crown Court.

Magistrates’ courts consist of a stipendiary magistrate or of two to seven (usually two or three) lay justices of the peace; a single lay justice has a very limited jurisdiction.

Magistrates’ courts have civil jurisdiction in relation to certain debts, licences, and domestic proceedings. A magistrates’ court may try summarily many minor statutory offences, and also certain offences if the prosecutor applies for the case to be heard summarily, the court agrees it is a suitable mode of trial and the defendant does not elect jury trial. Cases may be appealed to the Crown Court or defendants remitted for sentence to the Crown Court.

Notes to the text:

Lord Chancellor is the chief judicial officer in the British Constitution. He (she) is a peer and Cabinet Minister, Speaker of the House of Lords, president of the Supreme Court and of the House of Lords sitting as a final court of appeal. He appoints magistrates. Recommends people for high judicial office.

Lord of Appeal in Ordinary. The title of a judge with a life peerage who exercises the judicial functions of the House of Lords.

Old Bailey is the popular name for the Central Criminal Court.

Дата добавления: 2014-12-17