The United Kingdom Judicial System Today

Extract

[...] Civil division – hears appeals from the High Court as well as County Courts and Tribunals. Headed by the Master of the Rolls 2. Criminal division – hears appeals from the Crown Court. Headed by the Lord Chief Justice and Vice-President of the Criminal Division. The Court of Appeal http://www.judiciary.gov.uk/interactive-learning/interactive-courtroom/coa-civil-scene See interactive court scene and other information: Day in the life of a Court of Appeal Judge History and examples of court dress High Court Judge Circuit Judge Interpreting the Law Sources of English law: • Legislation – statutes e.g. [...]

[...] The final court for the whole of the UK, its decisions bind all courts below • Prior to the 2005 Constitutional Reform Act the House of Lords was the highest court, senior judges were part of the judiciary and the legislature, now they are separate from the Parliamentary process • The Lord Chief Justice is head of the judiciary Legal Professions & Inns of Court • Inns of Court – initially where legal students and clerks were lodged close to Westminster. Eventually, they represented the entire legal profession and future lawyers had to be educated here. Run by experienced lawyers with disciplinary power over their members. • Four Inns of Court still exist today: Middle Temple Inner Temple Gray's Inn Lincoln's Inn Barristers • Originally advocatus who spoke for the person, pleaded in court. [...]

[...] disputes concerning tax, immigration, pensions • Judges explain the proceedings and help users who often appear without legal representation The Crown Court • A superior criminal court and court of appeal - deals with most serious crimes e.g. murder, rape, robbery • Some cases are on appeal or referred from the Magistrates court • High court judges, circuit judges and magistrates sit in this court The High Court • A superior court with 3 divisions: 1. Chancery – deals with bankruptcy, tax, probate, intellectual property matters 2. Queen's Bench – deals with contract, tort, commercial matters. QB judges may also sit in the Crown Court 3. Family – cases involving parental responsibility and children, divorce. [...]

[...] legal advice, draft wills and contracts, real estate transactions • They can only conduct legal proceedings in lower courts (County, Magistrates' Courts) • Training: good law degree + 1-year Legal Practice Course (LPC) + 2 years as a trainee solicitor • For further information see the Law Society website: http://www.lawsociety.org.uk/ Differences in England and France: solicitors and barristers • Solicitors do both contentious and noncontentious work = Partly like avocats (e.g. represent clients in court) and partly like notaires (e.g. drafting legal documents, giving advice on family law). • Barristers can either prosecute or defend clients In France, prosecutions are carried out by public prosecutors (procureurs de la République ou avocats généraux). [...]

[...] The United Kingdom Judicial System Today Hierarchy of the UK Courts Magistrates' Courts • Magistrates deal with minor criminal and civil offences, nearly 2 million cases a year 1. Summary offences – the least serious 2. Either-way offences – can be tried by magistrates or in a Crown Court 3. Indictable-only offences – serious offences which are referred to the Crown Court Who are Magistrates? • Justices of the Peace – they do not have legal qualifications but must have training • They must have good character • They take the same judicial oath as judges • They are advised on law by Justices' Clerks • They are unpaid but can claim expenses • They preside over criminal, civil and family cases; youth courts County Courts • Deal with civil litigation concerning individuals or businesses • Some family cases e.g. [...]