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Judiciary of England and Wales
The English have given the world the system of English law that has its origins in Anglo-Saxon times. The legal system in England and Wales is divided
into civil and criminal courts, which hear evidence and aim to determine what exactly happened in a case. The lower courts decide matters of fact and the upper courts normally deal with points of law.
The House of Lords is the ultimate court of appeal for both civil and criminal cases. At the base of the criminal court system, the magistrates’ courts try more than 97 percent of the criminal cases. More serious criminal cases then go to the Crown Court, which has 90 branches in different towns and cities. In 1971 the Crown Courts replaced the individual courts, and it is now a single court that may sit anywhere in England, deal with any trial on indictment, and hear appeals and proceedings either on a sentence or on civil matters.
Civil cases are dealt with in County courts. In England, simple civil actions, for example family matters such as undefended divorce, are normally heard in either the Magistrates’ Courts or the County Courts. There’s no jury in a Magistrates’ Court. Family cases may go on appeal from the Magistrates’ Court to the County Courts. The County Court also hears complex first instance civil cases, such as contract disputes, compensation claims, consumer complaints about faulty goods or services, and bankruptcy cases.
Certain cases may be referred to the European Court of Justice in Luxembourg.
The legal system of Great Britain also includes juvenile courts, which deal with offenders under seventeen, and coroners’ courts which investigate violent or unnatural death. Tribunals deal with professional standards, disputes between individuals, and between individuals and government departments.
More complex civil cases are heard in the High Court of Justice, which is divided into three divisions: Family, Chancery and Queen’s Bench. The court has both original, that is, first instance, and appellate jurisdiction. From the High Court cases may go on appeal to the civil division of the Court of Appeal, which can reverse or uphold a decision of the lower courts. Its decisions bind all the lower civil courts. Civil cases may leapfrog from the High Court to the House of Lords, bypassing the Court of Appeal, when points of law of general public importance are involved. The court of the House of Lords consists of twelve life peers appointed from judges and barristers. The quorum, or minimum number, of law lords for an appeal hearing is normally three, but generally there is a sitting of five judges.
About 95% of all criminal cases in England and Wales are tried in the Magistrates’ Courts, which deal with petty crimes, that is, less serious ones. In certain circumstances, the court may commit an accused person to the Crown Court for more severe punishment, either by way of a fine or imprisonment. Except in cases of homicide, children under 14 and young persons – that is, minors between 14 and 17 years of age – must always be tried summarily, meaning without a jury, by a Youth Court. A Youth Court is a branch of the Magistrates’ Court. Indictable offences, that is, more serious ones such as theft, assault, drug dealing, and murder, are reserved for trial in the Crown Court. In almost all criminal cases, the State, in the name of the Crown, prosecutes a person alleged to have committed a crime. In England and Wales, a jury of twelve people decides whether the defendant is guilty of the crime she or he is charged with. The Crown Court may hear cases in circuit
areas. From the Crown Court, appeal against conviction or sentence lies to the Criminal Division of the Court of Appeal. If leave to appeal is granted by that court, cases may go on appeal to the House of Lords.