Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.
The United Kingdom does not have a single unified judicial system—England and Wales have one system, Scotland another, and Northern Ireland a third. There are exceptions to this rule; for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of Employment Tribunals for England, Wales, and Scotland (but not Northern Ireland).
The Court of Appeal, the High Court, the Crown Court, the Magistrates' Courts, and the County Courts are administered by Her Majesty's Courts Service, an executive agency of the Ministry of Justice.
Supreme Court of the United Kingdom
Main article: Supreme Court of the United KingdomThe Supreme Court is the highest appeal court in almost all cases in England and Wales. Prior to the Constitutional Reform Act 2005 this role was held by the House of Lords. The Supreme Court is also the highest court of appeal for devolution matters, a role previously held by the Privy Council.
The first substantive case was heard on 5 October 2009 by President Lord Phillips, accompanied by Lords Hope and Rodger, Baroness Hale, and Lords Brown and Mance. The case known as A, K, M & G v. HM Treasury involved the freezing of assets of the individual appellants, their case was supported by a public interest intervention by Justice.
The case began with an application for the media (Guardian, Times, Economist, Bloomberg, Wall Street Journal, Wall Street Journal Europe, Index on Censorship, Article 19 and the Media Defence Initiative) to be permitted to openly report the true names of the Appellants. The first order of the new court, in line with the "open justice principle," was to permit the identification of "G" as Mohammed Al Ghabra, born on 1 June 1980, in Damascus, Syria, also a British national.
Judicial Committee of the Privy Council
Main article: Judicial Committee of the Privy CouncilThe Privy Council is the highest court of appeal for a small number of Commonwealth countries, colonies and the Channel Islands and the Isle of Man. There are a number of smaller statutory jurisdictions, such as appeals from ecclesiastical and professional bodies. The judges who sit on the Judicial Committee of the Privy Council are also the members of the Supreme Court.
The Senior Courts of England and Wales
The Senior Courts of England and Wales were originally created by the Judicature Acts as the "Supreme Court of Judicature". It was renamed the "Supreme Court of England and Wales" in 1981, and again to the "Senior Courts of England and Wales" by the Constitutional Reform Act 2005. It consists of the following courts:
- Court of Appeal
- High Court of Justice
- Crown Court
Court of Appeal
Main article: Court of Appeal of England and WalesThe Court of Appeal deals only with appeals from other courts or tribunals. The Court of Appeal consists of two divisions: the Civil Division hears appeals from the High Court and County Court and certain superior tribunals, while the Criminal Division may only hear appeals from the Crown Court connected with a trial on indictment (i.e., for a serious offense). Its decisions are binding on all courts apart from the Supreme Court.
High Court
Main article: High Court of JusticeThe High Court of Justice functions both as a civil court of first instance and a criminal appellate court for cases from the subordinate courts. It consists of three divisions: the Queen's Bench, the Chancery and the Family divisions. The divisions of the High Court are not separate courts. Although particular kinds of cases will be assigned to each division depending on their subject matter, each division may exercise the jurisdiction of the High Court. However, beginning proceedings in the wrong division may result in a costs penalty.
Crown Court
Main article: Crown CourtThe Crown Court is a criminal court of both original and appellate jurisdiction which in addition handles a limited amount of civil business both at first instance and on appeal. It was established by the Courts Act of 1971. It replaced the Assizes whereby High Court judges would periodically travel around the country hearing cases, and Quarter Sessions which were periodic county courts. The Old Bailey is the unofficial name of London's most famous Criminal Court, which is now part of the Crown Court. Its official name is the "Central Criminal Court". The Crown Court also hears appeals from Magistrates' Courts.
The Crown Court is the only court in England and Wales that has the jurisdiction to try cases on indictment and when exercising such a role it is a superior court in that its judgments cannot be reviewed by the Administrative Court of the Queen’s Bench Division of the High Court.
The Crown Court is an inferior court in respect of the other work it undertakes, viz. inter alia, appeals from the Magistrates’ court and other tribunals.
Subordinate courts
The most common subordinate courts in England and Wales are the
- Magistrates' Courts
- Family Proceedings Courts
- Youth courts
- County Courts
Magistrates', Family Proceedings and Youth Courts
Magistrates' Courts are presided over by a bench of lay magistrates (or justices of the peace), or a legally-trained district judge (formerly known as a stipendiary magistrate), sitting in each local justice area. There are no juries. They hear minor criminal cases, as well as certain licensing applications. Youth courts are run on similar lines to Adult magistrates' courts but deal with offenders aged between the ages of 10 and 17 inclusive. Youth courts are presided over by a specially trained subset of experienced Adult Magistrates or a District Judge. Youth Magistrates have a wider catalogue of disposals available to them for dealing with young offenders and often hear more serious cases against youths (which for adults would normally be dealt with by the Crown Court). In addition some Magistrates' Courts are also a Family Proceedings Court and hear Family law cases including care cases and they have the power to make adoption orders. Family Proceedings Courts are not open to the public. The Family Proceedings Court Rules 1991 apply to cases in the Family Proceedings Court. Youth courts are not open to the public for observation, only the parties involved in a case being admitted.
County Courts
County Courts are statutory courts with a purely civil jurisdiction. They are presided over by either a District or Circuit Judge and, except in a small minority of cases such as civil actions against the Police, the judge sits alone as trier of fact and law without assistance from a jury. County courts have divorce jurisdiction and undertake private family cases, care proceedings and adoptions.
County Courts are local courts in the sense that each one has an area over which certain kinds of jurisdiction -- such as actions concerning land or cases concerning children who reside in the area -- are exercised. For example, proceedings for possession of land must be started in the county court in whose district the property lies. However, in general any county court in England and Wales may hear any action and claims are frequently transferred from court to court.
Tribunals
Main article: Tribunals in England and WalesThe Court Service administers the tribunals that fall under the direct responsibility of the Lord Chancellor. Tribunals can be considered the lowest rung of the court hierarchy in England and Wales.
Special courts and tribunals
In addition, there are many other specialist courts. These are often described as "Tribunals" rather than courts, but the difference in name is not of any great consequence. For example an Employment Tribunal is an inferior court of record for the purposes of the law of contempt of court. In many cases there is a statutory right of appeal from a tribunal to a particular court or specially constituted appellate tribunal. In the absence of a specific appeals court, the only remedy from a decision of a Tribunal may be a judicial review to the High Court, which will often be more limited in scope than an appeal.
Examples of specialist courts are:
- Employment Tribunals (formerly Industrial Tribunals) with appeal to the Employment Appeal Tribunal
- the Employment Appeal Tribunal, which is a superior court of record, and therefore not subject to judicial review, appeals go to the Court of Appeal
- Leasehold Valuation Tribunals, with appeal to the Lands Tribunal
- the Lands Tribunal
- VAT and Duties Tribunals (who deal with indirect tax cases)
- the Ge
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