English Courts of Law.

Judicature: historic overview.

During the Middle Ages, the matters of law and order were the responsibility of the city’s authorities – the mayor of the whole city and the Aldermen for each district. The Aldermen employed constables known as a city watch. Murderes were boiled alive, robbers had one or both ears cut off and noses split out; A man could be hanged for any theft more than 5 shillings.

The main prisons were Ludgate used for criminals and Newgate used for debtors. The former still exists but the latter was pulled down in 1902. The Central criminal Court of London (Old Bailey) was built in its place.

Two London judges, Sirs John and Henry Fielding were the ones who formed a small but well paid force called Bow Street Runners: their job was to raid gambling houses, to pursue robbers and highwaymen and to track down murderers and wanted criminals. In 1829 their place was taken up by Metropolitan Police. Every part of London was patrolled by a uniformed policeman.

English Courts of Law.

There is a difference between criminal courts and civil courts. The criminal courts consider the wrongs committed against the state. In these courts a person suspected of having broken a law is called the accused. The civil courts consider the wrongs committed by one person against the other; their purpose is not so much to punish the wrong-doer but to compensate the losses of the person against whom the wrong-doing was committed. These courts deal with quarrels between people over matters of divorce, wills, accidents, property etc. The person bringing the civil case is called the plaintiff, and the person defending the case – the defendant. For young offenders, there are special juvenile courts.

The second fundamental feature is the difference between Higher Courts and Lower Courts. If a person seems to have broken a law, he must first be brought before the lowest type of court, a magistrates’ court. (мировой суд) These courts are made up of 3-7 members called magistrates. Usually they are not professional judges but Justices of Peace.: respectable men and women appointed by Lord Chancellor on the advice of special committees. On the questions of law a special clerk, who is a professional lawyer, advises them. In London and other 11 big cities Magistrates’ courts are composed of stipendiary magistrates – full-time professional lawyers. If the offence is not serious, the case may be finally decided in a magistrates’ court, which has the power to impose fines up to 400 pounds. If the case is too serious, it goes to one of the higher courts.

The lower courts for civil cases are called the county courts. They solve the disputes between the people when the amount of money claimed is less than 480 pounds. The cases outside the limit go up to a High Court of Justice within the House of Lords and are dealt with in an appropriate division: the family division is for questionable wills and divorces, the Chancery for the cases of bankruptcy and trust.

The Higher courts for criminal cases are called the Crown Courts. All of them, both in the capital and the provincial cities, are presided over by the judges of the High Court who visit on a circuit. During the trial, a group of 12 called jurymen helps the judges. Having no legal training, they just give the common sense verdict whether the prisoner is guilty or not. The judge then pronounces the sentence. Today an increasing number of civil cases are tried by a judge alone, without a jury if both sides agree to this course.

The highest judicial body is the Supreme Court of Judicature within the House of Lords, presided over by the head of the judicial system, Lord Chancellor, who also acts as the Speaker of the House of Lords. The Supreme Court includes the Courts for Civil Appeal, to which the accused person may send his case. The criminal section of the Supreme Court is called the Queen’s Bench. This section is made up of the Lord Chief Justice and 39 superior judges. They divide the time between work in the central Criminal Court of London and visits to provincial crown courts. Its 3 members make up the court of Criminal Appeal. The Home Secretary advises the Queen on the exercise of the Royal Prerogative for mercy – to remit all or part of penalty imposed by a court.

The Lawyers(юристы).

2 types: solicitors and barristers. When the person is in trouble with law, he goes to an Advice Centre to consult a solicitor. He can collect evidence for his clients or speak for them in the lower courts. If a case is difficult, the client’s solicitor engages a lawyer of the second type called barrister, who will present the client in a higher court as his advocate.

In England the members of this profession formed their own Colleges outside universities. The people enter these corporations as students and remain their members after graduation. In order to become a solicitor, a person must spend some time working for some established firm of solicitors and pass the examination of the law society.

To be a barrister, the person must pass the Bar examination in one of the four corporations called the Inns of Court (Lincoln’s Inn, Gray’s Inn, the Inner Temple and the Middle Temple). In order to pass this examination, he must study for 12 terms in his Inn. After the ‘Bar’ he begins his professional career, joining the chambers of some established barrister. For some years he will be earning very little. At this stage he will say that he is ‘at the Bar’. By the end of his career, he may have been appointed a Queen’s Counsel (‘to take the silk’), and earn a big salary and reputation. In this case he will say that he is ‘ within the Bar’.

Дата добавления: 2015-10-29