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The judicial system of the UK and its features

Great Britain has a hierarchical structure of the judicial system. In accordance with this, the courts are divided into two main types: lower and higher. But they are served by judges of three categories. The system of England and Wales does not include the House of Lords and the Judicial Committee of the Privy Council. This is because these structures have a force that gives them an exceptional position with respect to all courts in the United Kingdom.

Highlights

The peculiarities of the judicial system of Great Britain are also in the fact that all posts in the court are appointed by Her Majesty or local authorities. In most developed countries, this process is due to the election results.UK judicial system

Cases are investigated, as a rule, by police officers who have rather high powers. They can completely refuse to transfer cases to court and pass an official sentence on their own.

For several centuries, the judicial system of Great Britain was formed. The scheme would look like this: all courts are divided into two main types - general and special. The special ones include military, church, land, transport and others, but the general ones are divided into several more structures. This includes the House of Lords Court, which addresses appeals from the Supreme Court. The Supreme or Appeal Court, in turn, is divided into the Crown Court (criminal cases) and the High Court (civil cases). The judicial system of England, the scheme of which contains several levels, is quite simple and structured.

General Courts Special Courts
House of Lords Court Military
Supreme Court: Church
Court of Appeal Administrative
Crown Court High Court:

- the royal bench;

- family;

- clerical

By trade practice
Circuit Courts: Land
Crown Court County Court Transport
Magistrates Courts By rent

House of Lords

The first in the court system is the House of Lords. This is the highest and last resort. The chamber considers appeals by court decision in civil matters and criminal sentences. It has power over England, Wales, Northern Ireland and Scotland. The special significance of the House of Lords as the highest instance is that its precedents are binding on all courts without exception.judicial system of england

To date, the powers of this structure are so great that it is able to freely introduce new legal norms through its decisions. Consequently, the House of Lords has such power that can easily function on the same level with established legislative acts.

Judicial Committee of the Privy Council

This is another higher and final authority. This applies to all legal entities in the United Kingdom. The committee includes: Lord Chancellor, ordinary Appeals Lords, as well as a number of “Privy Advisers”. All members are appointed by the queen.

The Crown’s Privy Council includes a judicial committee, and therefore all decisions of this commission are expressed in the form of a “respectful council” of the queen herself. He also considers appeals of the highest courts of foreign states. In relation to England - the case of the royal bench, the decision of the church court and the disciplinary tribunal.

Supreme Court of England and Wales

This immediately includes three independent courts of England. This is the High, Appeal and Crown Court (since 1971). The Supreme Court Act (1981) regulates their structure and jurisdiction.

In the sixties of the twentieth century, the Court of Appeal was divided into two departments: criminal and civil. The chairman is the Lord Chancellor, but in reality his functions are performed by the Lord Keeper of the archives of the court, he is also the chairman of the civil branch. As for the criminal department, the lord-chief judge acts as the head there. UK judicial system

According to the current legislation, the number of judges in the Court of Appeal reaches eighteen people, they are called appellate judges or lords-judges.

To consider the appeals that go to the criminal department, they call on the High Court judges from the royal bench branches. They are heard in both departments and, as a rule, by three judges.

The civilian department is considering appeals against the decision of the High Court, the county court, on prohibited trade, to protect the interests of the mentally ill, the land tribunal, as well as the appeal tribunals for labor disputes and patents.

The Criminal Division receives appeals from the Crown Court (after a jury verdict). The main task of the criminal department is to consider appeals of acquittals.

The judicial system of England is an example for the legal system of Northern Ireland. But Scotland, on the contrary, is trying to move away from these traditions.

High court

The judicial system of Great Britain includes the High Court, which consists of three branches at once. This is the royal bench, the chancellor's office and the family affairs department.

Each branch is characterized by its own appeal presence, which is composed of two judges. Anyone who is older in office - presides.

The High Court is also endowed with the Lord Chancellor, the Lord Chief Justice, the Chairperson of the Family Affairs Division, the Vice Chancellor and ordinary judges (no more than 80 people).

Each ordinary judge has equal rights, power and jurisdiction.features of the judiciary

Based on who specialization is inherent, all judges are divided into departments, but the authority of the Lord Chancellor (after the consent of the senior judge) includes transfer from one department to another. This can be used under heavy load in the compartment.

The Family Affairs Division consists of sixteen ordinary judges and their chairman. Two women are sure to be present among them - this is a circumstance that English lawyers emphasize. There are no women in other high courts in the UK. This department reviews complaints relating to decisions of the county court and the magistrate court for custody of minor children, as well as for adoption cases. This includes decisions on disputes regarding the establishment of paternity.

All judges of the High Court are selected from lawyers with legal practice for at least 10 years. These lawyers must have the certificate that is necessary in order to conduct business in the High Court. In addition to them, district judges with at least 2 years of experience are appointed to the post of supreme judges of England.

Crown Court

This UK judicial system consists of 12 jurors. All of them are chosen at random, they can be any citizen aged from eighteen to seventy years. Jurors selected every two weeks.

The Crown Court is the highest criminal court of first instance. At the same time, it is the average court of appeal for a magistrate's court. It examines sentences that relate to criminal cases, as well as decisions issued by magistrates, such as issuing licenses or orders of adoption.

The Crown Court oversees world justice.

Lower courts

The modern judicial system in the UK includes a legal structure such as lower courts. These include county courts, which currently handle 90% of all civil claims. They are even in some ways competitors of the High Court, but the difference in the price of the claim is too great.Another branch of the lower courts of England is the magistrates' courts.

Magistrate's Court

This is another local legal structure. However, it is limited to penalties in criminal matters. The judicial system of England and Wales has more than a thousand magistrates' courts, they are served by 25 thousand magistrates. All of them are not lawyers and do not receive fees for this, but they are paid travel and travel expenses. Usually the magistrate gives one day out of two weeks to this work.court system of england

The magistrate court only sentenced him to imprisonment of 6-12 months or to a fine of up to 5 thousand pounds.

These courts are vested with civil jurisdiction in matters relating to custody, adoption, child support, and the issuance of licenses. The main burden here is the consideration of criminal cases. However, the order is cumulative, that is, without jurors. On average, they account for about two million cases a year, and this is 95% of all criminal cases. Most of them are traffic violations.

The Magistrates Court also acts as a specialized court for minor children.

Special Courts

The judicial system of England consists of several types of special courts: military, church, land, transport, administrative, court on a rent, court of fleets and court of coroner. This also includes the illegal trade court. Each authority is responsible for a separate area of ​​activity, this significantly speeds up and improves the operation of the entire system.

Coroner Court

This legal structure examines cases of “mysterious” death, where there is a suspicion of murder or infanticide, establishes the causes of suicides or murders that occurred in prisons. The local government is appointed as a judge. They are selected from solicitors, doctors with at least five years of experience and barristers. Coroners investigate only those killings that occurred in their area.the formation of the judicial system of england

The embodiment of a clear streamlining and structuring is the judicial system of the United Kingdom, briefly describing which, we can conclude that this is one of the most convenient and practical legal systems in the world.

Medieval england

The long, centuries-old path has passed the legal concept of the UK to achieve its modern look. The judicial system of medieval England is characterized by such basic features:

  1. Magistrates' Courts. County farmers were appointed judges.
  2. High Court of Common Law. He was referred to: the highest court of appeal - the court of the royal bench, the main civil court, which was called the court of general litigation, and the third - the court of the treasury, which considered all financial matters.
  3. Courts of the Lords Chancellors. Based on this, a second branch was formed case law which was called the law of justice.
  4. Church courts that obeyed His Majesty.
  5. Manorial court. Nowadays, completely lost its meaning.
  6. Traveling courts, which were invited to special commissions at the exit.
  7. The jury consisted of 23 members who acted as the body of the court, and 12 people who participated in the consideration of cases.

judicial system of england and wales

The formation of the judicial system of England took place in conditions absolute monarchy. Not only the Royal Family, but also local governments. Thanks to this, a modern legal concept of the state has been formed.

The judicial system of Great Britain is multi-structured and includes several levels. This helps to simplify the consideration of criminal and civil cases.


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