Judicial organization

A Superior courts. The highest court is the House of Lords, which exercises the judicial function of Parliament. In theory appeal to the House of Lords is an appeal to the whole House but in practice, particularly since the Appellate Jurisdiction Act, 1876, created a group of salaried life peers, the Lords of Appeal in Ordinary, or 'law lords', there is an established convention dating from 1844 that lay peers do not participate in judicial sittings of the House. Appeals are referred to an Appellate Committee of the House. By that Act an appeal must be heard by at least three of the Lord Chancellor, the Lords of Appeal in Ordinary, and such peers as hold or have held high judicial office. The House has almost entirely appellate jurisdiction only, in civil and criminal cases from the Courts of Appeal in England and in Northern Ireland and in civil cases only from the Court of Session in Scotland.

В The Court of Appeal sits in both civil and criminal divisions. The Civil division hears appeals from the High Court, county courts, the Restrictive Practices court, certain special courts, and certain tribunals, such as the Lands Tribunal. The Criminal division hears appeals by persons convicted on indictment in the Crown Courts.

С The High Court in its civil jurisdiction is divided into three Divisions (Queen's Bench, Chancery, and Family (formerly Probate, Divorce and Admiralty)) to each of which certain kinds of cases are assigned. Divisional courts of each of the divisions, consisting of two or more judges, have limited appellate jurisdiction in certain cases. The main civil jurisdiction is exercised by single judges hearing cases of the kind appropriate to the divisions to which the judges belong.

D The criminal jurisdiction of the High Court is exercised exclusively by the Queen's Bench Division. A divisional court of two or three judges of that Division deals with appeals from a Crown Court and magistrates' courts, and also exercises the supervisory jurisdiction of the court, issuing the prerogative writ of habeas corpus¹ and to ensure that magistrates’ courts and inferior tribunals exercise their power properly, by granting orders of mandamus, prohibition and certiorari².

E The Crown Court, created in 1972, replaces the former assizes and quarter sessions. It exercises criminal jurisdiction and sittings are held regularly at major towns throughout England and Wales. It comprises judges of the Queen's Bench Division of the High Court, circuit judges and Recorders (part-time judges). They sit singly with juries trying persons charged on indictment with crimes. A judge of the Crown Court sits with two to four justices of the peace to hear appeals from magistrates’ courts and proceedings on committal by magistrates to the Crown Court for sentence.

F The Central Criminal Court, known as the Old Bailey, is a sitting of the Crown Court, having criminal jurisdiction only, over indictable offences committed in Greater London or on the high seas. The court consists of ex officio judges and in practice consists of judges of the Queen’s Bench Division, the Recorder of London, the Common Serjeant, and certain additional judges of the Central Criminal Court.

G Inferior courts. County courts have exclusively civil jurisdiction, which is limited in extent and in area, and which is entirely statutory. The judges are persons who also hold office as Circuit judges of the Crown Court.

H Magistrates’ courts consist of a stipendiary magistrate or of from two to seven (usually two or three) lay justices of the peace; a single lay justice has a very limited jurisdiction. Magistrates’ courts have civil jurisdiction in relation to certain debts, licenses, and domestic proceedings. In the exercise of criminal jurisdiction one or more justices may sit as examining magistrates to conduct a preliminary investigation into an indictable offence. A magistrates’ court may try summarily many minor statutory offences and also certain offences if the prosecutor applies for the case to be heard summarily, the court agrees it is a suitable mode of trial and the defendant does not elect jury trial. Cases may be appealed to the Crown Court or defendants remitted for sentence to the Crown Court.

¹ habeas corpusлат. судебный приказ о доставке в суд лица, содержащегося под стражей, для выяснения правомерности содержания его под стражей; writ of habeas corpusбукв. “ты можешь иметь тело (неприкосновенным)”

² certiorariлат. “to be informed” направление обвинительного акта в Высокий суд.

Task 2 Completing a diagram.

Read the text in more detail and complete the diagram, which shows the hierarchy and jurisdiction of the Courts in England and Wales_. Write the name of each court in the correct box as in the example and indicate which are inferior and superior courts.

A Specify which court deals with the following cases:

1 actions for damages

2 actions for the possession of property

3 bankruptcy matters

4 civil disputes involving large sums of money

5 civil proceedings

6 company matters

7 contentious probate

8 criminal cases

9 defamation

10 disputes arising from trade and commerce

11 family matters

12 intellectual property disputes

13 judicial review matters

14 land matters

15 matrimonial matters

16 minor criminal offences

17 minor family matters

18 non-contentious probate

19 partnership matters

20 recovering small debts

21 shipping disputes

22 trusts

B Complete the following sentences with a suitable word from the box.

	proper patent ignorance determined sentenced application appellant jurisdiction

1 Thecourts with original civil _____ are chiefly the High Court and county courts.

2 _____ of the law is no defence.

3 The designer immediately applied for a _____ for the new model he had created.

4 The court ____ that the defendant was in breach of his obligations.

5 The _____ remedy for breach of contract is often an order of specific performance.

6 The judge _____ the murderer to life imprisonment.

7 Theparty who appeals is the _____.

8 His _____ for the post of senior legal adviser was not accepted.

Over to you

Use your completed diagram to describe the organization of the courts and judiciary in England and Wales. Include the following points:

• Courts of civil and criminal jurisdiction

• The hierarchy of courts

• The role and jurisdiction of each court

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