Judicial Institutions

In all legal systems there are institutions for creating, modifying, abolishing and applying the law. Usually these take the form of a hierarchy of courts. The role of each court is strictly defined in relation to other courts. The court system of England and Wales can be used as an example of how courts relate to one another. The two main areas of jurisdiction are civil and criminal. Some courts have both jurisdictions, some only one.

Crimes are tried either summarily in Magistrates’ Courts or on indictment in the Crown Court. A criminal case usually begins in a Magistrates’ Court. It consists of at least three lay justices of the peace, or a legally-trained district judge (formerly known as a stipendiary magistrate). As the lowest criminal court, it is empowered to hear minor cases, such as parking violations, involving rather mild punishment. More serious crimes, like bank robbery or murder, must go to the Crown Court. In the Crown Court cases are tried before the jury. After being chosen at random 12 people serve as jurors for the trial. They decide questions of fact, the judge guiding them on questions of law. The Crown Court also hears appeals from the Magistrates’ Courts.

While mostly concerned with criminal cases, the Magistrates’ Courts also deal with some civil matters. They have civil jurisdiction in relation to certain debts, licences and domestic proceedings. The main civil courts in England are county courts hearing cases in tort and contract or relating to land, trust, divorce, etc. The judges of county courts try cases alone without the jury. Being inferior courts county courts have no appellate jurisdiction. Appeals from Magistrates’ Courts and county courts go directly to the High Court of Justice.

The High Court functions both as a civil court of first instance and as a civil and criminal appellate court for cases from the subordinate courts. The High Court of Justice in its civil jurisdiction is divided into three Divisions (Queen’s Bench, Chancery and Family). The main civil jurisdiction is exercised by single judges hearing cases appropriate to the divisions. The criminal appellate jurisdiction is exercised exclusively by the Queen’s Bench Division.

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. The criminal division deals with appeals by defendants found guilty in the Crown Court.

Formerly the House of Lords, the upper house of the British Parliament, was the final court of appeal. The House heard appeals of exceptional public importance from the Court of Appeal, their number being very limited. The decisions of the House on both criminal and civil matters bound all other courts. The Constitution Reform Act 2005 established the Supreme Court of the United Kingdom and transferred the House of Lords’ judicial functions to that Court. Under the Act the Court of Appeal, the High Court of Justice and the Crown Court became known as the Senior Courts in England and Wales.

In Britain, as in other nations, there are special courts often described as tribunals rather than courts. They are responsible for making decisions in particular types of disputes. For example, Employment Tribunals deal with disputes in employment matters, VAT¹ and Duty Tribunals consider indirect tax cases. Youth Courts deal with offenders under seventeen. Coroner’s courts investigate violent, sudden or unnatural deaths.

Note:

¹VAT (value added tax) – налог на добавленную стоимость

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