THE COURT SYSTEM IN THE UK

• Jurisdiction = the power of the court to hear and

decide a case or make a certain order; the
territorial limits within which the jurisdiction of a
court may be exercised. Everywhere else is said
to be outside the jurisdiction
• A case of first instance is one which is before a
court for the first time, not an appeal - first
instance jurisdiction
• Appellate jurisdiction - the power of a higher
court to hear appeals from inferior courts
• Judges - state officials with power to adjudicate
on disputes and other matters brought before the
courts for decision
• In English law all judges are appointed by the
Crown, on the advice of the Lord Chancellor or
on the advice of the Prime Minister
• All judges are experienced legal practitioners,
mostly barristers
• The independence of the higher judiciary is
ensured by the principle that they hold office
during good behaviour and not at pleasure of the
Crown
• The jury is a group of jurors (usually 12) selected
at random to decide the facts of a case and give a
verdict. Most juries are selected to try crimes but
juries are also used in some civil cases (e.g.
defamation actions). The judge directs the jury on
points of law and sums up the evidence of the
prosecution and defence for them, but he must
leave the jury to decide all questions of fact
themselves.
 The jury system: pros and cons
Pros Cons

Ensures a fair trial Some cases are too

especially in criminal cases complex for ordinary
people, e.g., serious fraud

People from a wide Too many unemployed /

spectrum of society retired people

Decide only on facts of case Swayed by emotion

 Court orders and injunctions (1)
1. People who cause trouble in a particular place may be legally
prevented from going to that place again. This is known as a
banning / bankruptcy order.
2. In Britain, if someone is causing someone distress, harm or
harassment, the police can apply for an ASDA / ASBO in order to
restrict their behaviour.
3. In a civil case, a court may impose a search / hunt order allowing
a party to inspect and photocopy or remove a defendant's
documents, especially if the defendant might destroy those
documents.
4. A promise given to a court (for example, by a vandal who promises
not to damage property again) is known as an undertaker /
undertaking.
5. Sometimes a temporary injunction can be imposed on someone
until the case goes to court. This is known as a temporary or
interlocutory / interim injunction.
6. A restraining / restriction order is a court order which tells a
defendant not to do something while the court is still making a
decision.
 Court orders and injunctions (2)
7. If someone applies for an injunction against a person with a mental
disability, a third party will be appointed to act for that person.
This third party is known as a litigation assistant / friend.
8. A frozen / freezing order or injunction prevents a defendant who
has gone abroad from taking all his assets (for example, the money
in his bank account) abroad (except for living expenses).
9. If you want to stop a magazine publishing an article about you (or
photographs of you) that you do not like, you can apply for a
publicity / publication injunction.
10. A person who repeatedly harasses, pesters or hits another person
might be given a non-proliferation / non-molestation order to
prevent him / her from continuing to do it.
11. If your partner is trying to get you out of your shared home, or if
he / she won't let you back into your home, you can apply for an
occupation / occupying order to remain / get back into the home.
12. Housing / Home injunctions might protect you if you live in a
council home and your neighbours are annoying and harassing
you, or if you are a private tenant being harassed by your landlord.
 Court orders and injunctions (3)
13. A Common / Public Law injunction can sometimes be applied
for if one partner of an unmarried couple is harassing, assaulting
or trespassing on the property of the other.
14. Reconstitution / Restitution orders are court orders asking for
property to be returned to someone.
15. An order of discharge / disclosure is a court order releasing
someone from bankruptcy.
16. Many injunctions have a penal / penalty notice attached, which
states that if the injunction is broken, the offender could be sent to
prison.
17. Injunctions aimed at preventing violence may carry a power of
arrest / arrears clause, which allows the police to take the
offender into custody if the injunction is broken.
18. If an injunction is broken, committal / committee proceedings
might follow: this is a process in which a court is asked to send the
person who has broken the injunction to prison.
 From House of Lords to Supreme Court

• On 30 July 2009, the judicial function of the House of Lords and its role as the
final - and highest - appeal court in the UK ended, bringing about a fundamental
change to the work and role of the House of Lords.
• A new United Kingdom Supreme Court, separating the judicial function from
Parliament (those who make the law from those who interpret it in courts),
opened 1 October 2009 opposite the Houses of Parliament in Parliament Square
- formerly the Middlesex Guildhall.
Barristers
In England and Wales, a barrister is a member of one of the __________ (= the
four law societies in London to which lawyers are members); he or she has
passed examinations and spent one year in __________ (= training) before
being __________ (= being fully accepted to practise law). Barristers have the
__________ in all courts in England and Wales: in other words, they have the
right to speak, but they do not have that right __________.

Magistrates
Magistrates usually work in __________. These courts hear cases of petty crime,
__________, __________, maintenance and violence in the home. The court
can __________ someone for __________ or for __________ in a __________.
There are two main types of magistrates: __________ magistrates (qualified
lawyers who usually sit alone); __________ magistrates (unqualified, who sit
as a __________ of three and can only sit if there is a justices' __________
present to advise them).
Judges
In England, judges are __________ by the Crown, on the advice of the Lord Chancellor. The
minimum requirement is that one should be a barrister or __________ of ten years'
standing. The majority of judges are barristers, but they cannot __________ as barristers.
__________ are practising barristers who act as judges on a part-time basis. The
appointment of judges is not a __________ appointment, and judges remain in office
unless they are found guilty of gross __________. Judges cannot be Members of
__________.
The jury
Juries are used in __________ cases, and in some civil actions, notably actions for
__________. They are also used in some coroner's __________. The role of the jury is to
use common sense to decide if the __________ should be for or against the __________.
Members of a jury (called __________) normally have no knowledge of the law and
follow the explanations given to them by the judge. Anyone whose name appears on the
__________ and who is between the ages of 18 and 70 is __________ for __________.
In the UK, judges, magistrates, barristers and solicitors are not eligible for jury service,
nor are priests, people who are __________, and people suffering from mental illness.
People who are excused jury service include members of the armed forces, Members of
Parliament and doctors. Potential jurors can be __________ if one of the parties to the
case thinks they are or may be __________.
Barristers: In England and Wales, a barrister is a member of one of
the Inns of Court (= the four law societies in London to which
lawyers are members); he or she has passed examinations and
spent one year in pupillage (= training) before being called to the
bar (= being fully accepted to practise law). Barristers have the
right of audience in all courts in England and Wales: in other
words, they have the right to speak, but they do not have that right
exclusively.
Magistrates: Magistrates usually work in Magistrates' Courts. These
courts hear cases of petty crime, adoption, affiliation,
maintenance and violence in the home. The court can commit
someone for trial or for sentence in a Crown Court. There are
two main types of magistrates: stipendiary magistrates (qualified
lawyers who usually sit alone); lay magistrates (unqualified, who
sit as a bench of three-seven and can only sit if there is a justices'
clerk present to advise them).
Judges: In England, judges are appointed by the Crown, on the advice of the Lord
Chancellor*. The minimum requirement is that one should be a barrister or
solicitor of ten years' standing. The majority of judges are barristers, but they
cannot practise as barristers. Recorders are practising barristers who act as
judges on a part-time basis. The appointment of judges is not a political
appointment, and judges remain in office unless they are found guilty of gross
misconduct. Judges cannot be Members of Parliament. **
The jury: Juries are used in criminal cases, and in some civil actions, notably
actions for libel. They are also used in some coroner's inquests. The role of the
jury is to use common sense to decide if the verdict should be for or against the
accused. Members of a jury (called jurors) normally have no knowledge of the
law and follow the explanations given to them by the judge. Anyone whose
name appears on the electoral register and who is between the ages of 18 and
70 is eligible for jury service. Judges, magistrates, barristers and solicitors are
not eligible for jury service, nor are priests, people who are on bail, and people
suffering from mental illness. People who are excused from jury service include
members of the armed forces, Members of Parliament and doctors. Potential
jurors can be challenged if one of the parties to the case thinks they are or may
be biased.

* The Lord Chancellor is the member of the British government and of the cabinet who is
responsible for the administration of justice and the appointment of judges in England
and Wales. The role of Lord Chancellor is to be abolished and his / her role assumed by
the Secretary of State for Constitutional affairs.
** Note that in the USA, state judges can be appointed by the state governor or can be
elected; in the federal courts and the Supreme Court, judges are appointed by the
President, but the appointment has to be approved by Congress.
 Criminal courts of first instance
• 2 criminal courts: the Magistrates' Court and the
Crown Court
• the senior of the two is the Crown Court
• the courts are arranged in a local structure to
enable the system to work effectively
• the most important Crown Court = the most
famous = the Old Bailey, in London
• the Magistrates' Court does have some civil
functions in addition to its criminal duties
 Civil Courts
• 2 main civil courts of first instance: the County
Court and the High Court
• the County Courts are arranged in a local
structure to facilitate accessibility
• the High Court of Justice is split into 3 divisions:
1) the Queen's Bench Division - deals mainly with claims for
damages and equitable remedies as a result of breaches of contract
and torts
2) the Chancery Division - deals in matters of partnership and
company law, revenue matters and important property issues
3) the Family Division - deals in matrimonial disputes and children
cases (such as custody issues)
 CRIMINAL COURTS OF FIRST INSTANCE
Magistrates' Court
• presided over either by lay magistrates (Justices
of the Peace) or by district judges
• the lay magistrates are unqualified laymen
(people without a legal qualification); they are
unpaid but will receive expenses for travel and
any loss of earnings incurred whilst attending at
court and hearing cases
• the district judges (previously called stipendiary
magistrates) are full-time salaried magistrates
who are legally qualified
• the majority of Magistrates' Courts are presided
over by lay magistrates
• the feature of both the civil and the criminal
matters within the jurisdiction of the Magistrates'
Courts is that they are matters of relatively minor
importance compared with the civil matters heard
in the High Court and the county courts and the
criminal cases tried at the Crown Court
• the advantage of summary procedure is its
cheapness and speed
 Lay magistrates
• There are over 30,000 lay magistrates who are
also known as Justices of the Peace (JP). They
normally sit as part of a bench of three-seven, for
at least 26 half days each year.
• In court, they will be advised on questions of law,
practice and procedure by a Magistrates' Clerk
(who must have been qualified as a barrister or
solicitor for at least five years).
 The Role of Magistrates’ courts (1)
Criminal matters
Magistrates' courts dispose of over 95% of all criminal cases. They:
· issue warrants for arrest and search;
· decide whether a case should be adjourned;
· grant applications for bail or remand defendants in custody;
· in summary trials, determine whether a defendant is guilty or not;
· pass sentence on a defendant who has been found guilty;
· may decide to hear an either-way offence, if the defendant also agrees;
· commit defendants convicted of either-way offences to the Crown Court for
sentence;
· sit in the Crown Court with a judge to hear appeals from Magistrates' courts
against conviction or sentence;
· sit in the Crown Court with a judge to hear committals for sentence;
· enforce financial penalties; and
· sit in the Youth Court to hear cases involving young offenders aged 10-17.

For a single criminal offence committed by an adult, magistrates' sentencing

powers include the imposition of fines, community service orders, probation
orders or a period of not more than six months in custody.
 The Role of Magistrates’ courts (2)
Civil matters

Magistrates hear cases in the Family Proceedings Court and

make decisions on a range of issues affecting children
and families. For example, making orders for residence
of and contact with children.
Magistrates also decide whether to grant certain orders,
licences or certificates. For example, liquor licences,
permits relating to betting and the registration of gaming
clubs.
STIPENDIARY MAGISTRATES/DISTRICT JUDGES
Note: Stipendiary Magistrates were renamed District Judge (Magistrates' Court) in August 2000.

Stipendiary magistrates are full-time magistrates who sit alone. They will have
been qualified as barristers or solicitors for at least seven years and have served
as Acting Stipendiary Magistrates for a minimum of two years. They are usually
aged between 40 and 55.

There are 48 Metroplitan Stipendiary Magistrates who hear cases in London, and
48 Provincial Stipendiary Magistrates who hear cases in magistrates' courts
outside London, generally in busy urban areas. They are appointed by the
Queen on the recommendation of the Lord Chancellor.

Before sitting alone, successful candidates are asked to sit in for one week with a
serving Stipendiary Magistrate, to attend a Judicial Studies Board induction
seminar, to visit penal institutions and to meet with a senior representative of
the Probation Service.

Acting Stipendiary Magistrates sit for two weeks on the first occasion, and at least
20 days a year thereafter. If an Acting Stipendiary Magistrate does not achieve a
full-time Stipendiary post within five years, he or she is unlikely to be invited to
undertake further sittings. There are 107 Acting Stipendiary Magistrates.
 The Crown Court
• is presided over by a High Court judge, a circuit
judge or a recorder (=a part time judge who will
have been a barrister or a solicitor of at least 10
years standing)
• the case is heard before a jury
• the judge will be the sole arbiter of the law and
will advise the jury as to the legal ramifications
of the offence and of the evidence put before
them
• the jury is the sole arbiter of the fact; it is
comprised of 12 people
• the jurors are taken from the electoral roll and
must be legally unqualified
• the Crown Court has exclusive jurisdiction over
all trials on indictment for offences wherever
committed
 CIVIL COURTS OF FIRST INSTANCE
The County Court
• it is a national network of local courts which deal
exclusively with civil cases
• it is a court of first instance and generally deals
with smaller, less complex claims (such as small
debts)
• personal injury claims of less than £ 50,000 must
be commenced in the County Court
• County Court will usually deal with other claims
where the claim is for £ 25,000 or less
• the jurisdiction of the county courts is local in
nature (so that there must be some connecting
factor between the action and the county court
district in which it is tried)

The High Court

• it is a civil court of first instance and an appeal
court in criminal cases
• Queen's Bench Division
• it has civil and criminal jurisdiction
• it deals with claims in breach of contract and tort
• it also has a supervisory jurisdiction and can issue
"prerogative writs" to force inferior tribunals and
courts to act or stop acting in a particular way
(judicial review)
• its jurisdiction over commercial matters is
exercised by the Commercial Court, which is a
part of it
• the criminal jurisdiction of the High Court is
exercised exclusively by the Queen's Bench
Division
Chancery Division
• it deals with cases involving partnership,
company law, insolvency, disputed wills, the sale
of land, patents, trademarks and copyright
Family Division
• it deals with all High Court matrimonial matters
(divorce, custody, adoption, legitimacy)
 APPELLATE COURTS
The Court of Appeal
• The Civil Division hears appeals from the High
Court, county courts, the Restrictive Practices
Court, the Employment Appeal Tribunal and
various tribunals
• appeal is by way of rehearing
• The Criminal Division hears appeals by persons
convicted and, in certain cases, considers points
of law referred to the court by the Attorney-
General; it also hears appeals against sentence
from the Crown Court
 The House of Lords/Supreme Court
• it exercises the judicial function of Parliament
• it has very little original jurisdiction, its
jurisdiction being almost entirely appellate
• in civil cases it hears appeals from the Court of
Appeal; the ground of appeal does not have to be
a point of law (as it does in criminal cases) but
most cases which reach the House of Lords do in
fact involve a point of law of public importance,
such as the correct construction of Acts of
Parliament.
• in criminal cases - appeals from the High Court
 COURTS WITH SPECIAL JURISDICTION
Employment Appeal Tribunal
• it hears appeals, on a point of law only, from the
Employment tribunal
• it is presided over by a High Court judge sitting
with 2 expert laymen drawn from panels
representing both sides of the industry (the
employee's panel and the employer's panel)
Restrictive Practices Court
• it considers the agreements that restrict prices of
products or the conditions of supply of goods
• it has the jurisdiction to hear proceedings brought
by the Director of Fair Trading against a trader
who has traded unfairly
• it is presided over by a High Court judge
Judicial Committee of the Privy Council
• it hears appeals from outside the UK (e.g. the
Channel Islands) and from such bodies as the
General Medical Council and Ecclesiastical
Courts
• it has equal status with the House of Lords for the
bodies referring to it
Coroners' Courts
• these are local courts which hold inquests into
unexplained or suspicious deaths in the area
• it also has jurisdiction in cases of alleged
"treasure trove" (where valuable items are found
buried in the ground)
 TRIBUNALS
Domestic tribunals
• are so called because they are set up by a
particular body or club to regulate the conduct of
their members
Administrative tribunals
• The Lands Tribunal - deals with a variety of
disputes involving valuation of land (e.g. where
land is being compulsory purchased for the
building of a new road). The tribunal, which is
staffed by legally qualified members together
with valuation experts, will hear the claim and
decide on the acquisition price.
• Rent Tribunals - are set up to assess the rent of
some furnished premises.
• Employment Tribunals - are local tribunals
established to hear disputes between an employee
and his employer. The hearing is presided over by
legally qualified chairmen sitting with 2 or 4
expert laymen drawn from panels representing
each side of the industry.
• Social Security Tribunals - are established by
statute to hear claims relating to the eligibility for
and amount of welfare benefits that a person is
entitled to. The tribunals usually consist of a
legally qualified member and 2 laymen.
• Mental Health Review Tribunals - hear matters
relating to the treatment and property of people
who suffer from mental disorders. They are
composed of both legally and medically qualified
members.
 Types of court
• Admiralty Court
• Commercial Court
• coroner’s court
• County Court
• courthouse
• court-martial
• Court of Appeal
• Court of Protection
• Crown Court
• employment tribunal
• European Court of
Human Rights
• European Court of
Justice
• High Court
• Supreme Court
• Lands Tribunal
• magistrates' court
• rent tribunal
• small claims court
 Types of court
1. A ................................. is a court that deals with disputes over small amounts of
money.
2. A ................................. is a civil or criminal court to which a person may go to
ask for an award or sentence to be changed.
3. A ................................. is a court which tries someone serving in the armed
forces for offences against military discipline.
4. A ................................. is the general word for a building in which trials take
place.
5. A ................................. is one of the types of court in England and Wales which
hears local civil cases.
6. The ................................. is a court which considers the rights of citizens of
states which are parties to the European Convention for the Protection of
Human Rights.
7. An ................................. is a body responsible for hearing work-related
complaints as specified by statute.
8. A ................................. is a court which hears cases of petty crime, adoption,
affiliation, maintenance and violence in the home (= domestic violence), and
which can also commit someone for trial or sentencing in a Crown Court.
9. A ................................. is a court presided over by a public official (usually a
doctor or lawyer) who investigates sudden, unexpected and violent deaths.
 Types of court
10. A _______________ is a court above the level of a magistrates' court which
hears criminal cases.
11. A _______________ is a court which deals with compensation claims relating
to land.
12. A _______________ is a court in the Queen's Bench Division (= one of the
main divisions of the High Court) which hears cases relating to business
disputes.
13. A _______________ is a court which adjudicates in disputes about money paid
or services provided in return for borrowing something – usually buildings or
land.
14. The _______________ is the main civil court in England and Wales.
15. The _______________ is the court set up to see that the principles of law as
laid out in the Treaty of Rome are observed and applied correctly in the
European Union.
16. A _______________ is a court appointed to serve the interests of people who
are not capable of dealing with their own affairs, such as patients who are
mentally ill.
17. The _______________ is court which is part of the Queen's Bench Division
(see number 12 above), which decides in disputes involving ships.
18. The _______________ is the highest court of appeal in the United Kingdom
(although appellants unhappy with a decision made here can appeal to the
European Court of Justice).
1. small claims court
2. Court of Appeal (also called an Appeal Court)
3. court-martial (Note that the plural form is courts-martial. It can also be a verb, usually used in the
passive: to be court-martialled)
4. Courthouse
5. County Court (there are about 270 County Courts in England and Wales. They are presided over by
either district judges or circuit judges. They deal mainly with claims regarding money, but also deal
with family matters, bankruptcies and claims concerning land)
6. European Court of Human Rights (its formal name is the European Court for the Protection of
Human Rights)
7. employment tribunal (formally known as an industrial tribunal. The panel hearing each case consists
of a legally qualified chairperson and two independent lay (= not legally qualified) people who
have experience of employment issues. Decisions need to be enforced by a separate application to
the court. Appeals are made to an Employment Appeal Tribunal)
8. magistrates' court
9. coroner's court (an investigation in a coroner's court is called a coroner's inquest. A coroner's inquest
also decides what happens when treasure or something valuable that has been secretly hidden or
lost is suddenly rediscovered)
10. Crown Court
11. Lands Tribunal
12. Commercial Court
13. rent tribunal
14. High Court
15. European Court of Justice (ECJ for short. It is also called the Court of Justice of the European
Communities)
16. Court of Protection
17. Admiralty Court
18. Supreme Court of the UK