The Judicial System of GB.

Speaking about judicial system first of all we must say about sources of law in GB. There are four sources of law: Common law, equity law, Statute law and European law. Statute law it is a legislation of Parliament and executive organs. Common law is judge made law, it based on past decisions of judges in accordance with custom and reason. Equity law is a system of case law governed by the binding force of precedent but exercised by Lord Chancellor and his staff. What about European law, so it is source of law because GB is a member of the European Union and under it's jurisdiction.

As for judicial system so the courts of GB are divided into two large groups: criminal courts and civil courts, but there are many special courts. Criminal court are Magistrates' Courts and Crown Courts. Civil Courts include county court and the High Court of Justice which consists of three separated subdivisions: the Queen's Bench Division, the Chancery Division and the Family Division. Appeals against decision of the High Court and the Crown court may be taken to the Court of Appeal with its Criminal and Civil divisions. But if you know appeals against legal mistake which are made by Magistrate's courts may be taken to the Queen's Bench Division.

The Crown court, the High Court of Justice and the court of Appeal form the Supreme court of Judicature. The highest court in the country is the House of Lords which deals with appeals in civil and criminal cases. The judges of the House of Lords are the Lords of Appeal in ordinary (or Law Lords). The President of the House of Lords as a court is the Lord Chancellor. Rulings of the House of Lords may be taken to the European Court for Human Rights of to the European Court of Justice.

Every criminal case starts in a magistrates' courts. Summary offences are tried by a magistrate and he passes a sentence. As for the indictable offences the magistrate decides whether it is enough evidences to commit a case in the Crown courts. As for the eitherway offences the magistrate gives a choice to the accused whether the case is tried in the Magistrates' court or in the Crown court. Besides it is a magistrate who grants a bail. Magistrates' court may impose a fine up to a general limit of 10000 2 or 6 month imprisonment. Magistrates' court normally consists of three JPs called magistrates on the bench. Magistrates are unpaid, lay, part-time worthy citizens appointed by Lord Chancellor. Now there are about 28000 JPs in England. Besides there are stipendiary magistrates, who are qualified lawyers, work full time and are paid, there are only 50 stipendiary magistrates in England.

Crown court considers more serious cases such as murder, rape, arson, armed robbery, fraud and soon. The court is presided over by a judge, but the decision on guilt or innocence is made by a jury of 12 citizens. The judge's functions are: to conduct a trial, to pass a sentence and to sum up the jury. Also we can meet in Crown court clerk (who is a secretary) then witness who gives an evidences: barrister of the prosecution who represents a state queen and charges an accused: barrister of the defense who protects an interests of accused and, of course, an accused, who is supposed is committing crime. The most famous Crown court in England is the Old Bailey situated in Newgate prison.. The Crown court acts also as the appeal court against both conviction and sentences by magistrates.

And now about civil courts. The first instance is county courts whish deal with minor cases such as family law, cases dealing with land, money or property. There are more than 500 county courts which grouped into over 50 circuits. And judge of the county courts called "circuit judges" are appointed by the Crown on the advise of the Lord Chancellor. They must be barristers with at least 7 years of experience.

The High Court deals with civil trials involving important legal issues and well-known public figures. It has several divisions. The Chancery division covers such matters as the sale of property the administration of the estates of decreased persons or mental patients, deeds, trusts, company law, partnership. The Queen's Bench Division hears the most serious contract and tort actions, actions by individuals against public authorities who exceed, abuse of fail to use their powers. And the Family Divisions deals with divorces, adoption or guardianship. We can meet a jury in High Court. It deals with a few cases such as diffamation, false imprisonment of fraud.

The intermedrate appellate tribunal is the Court of Appeal. The Master of the Rolls and 14 lords Justices constitute this court.

The court of Appeal has two divisions – Civil and criminal. The civil Division is lead by the Master of the Rolls. It hears appeals from the High court, county courts and a few specialised courts. Criminal Divisions normally presided by the Lord Chief justice who is the main judge in the Queen's Bench Division. The Judges of the Court of Appeal can confirm and vary original decision. Appeals against decisions of the court of Appeal can be lodged with the House of Lords.

The judges of the House of Lords called Law Lords or Lords of Appeal in Ordinary. They are 10 in number. The highest judge of the House of Lords and all kingdom is Lord Chancellor. There is no right to take an appeal to the House of Lords directly, in the beginning appeal must be heard by the Court of Appeal. Very rarely, the House of Lords can hear appeals "leapfrogging" the court of Appeal.

Jury trial appears in the 20 century. During 200 years their functions have changed. Now we can meet a jury in the Crown court. The Jury decides facts and the judges decide laws. Beyond all reasonable doubts the jury must be sure that the accused is guilty or not. Usually jury panel consists of 30 persons, and 12 of them are sitting in the court room. Besides the barristers and accused may give challenge for cause, when challenged only 7 of 12.

Else we can see jury in a High Court of Justice. It deals with a few cases such as diffamation, false imprisonment and fraud. Sometimes jury can decide the manner of death in the coroners court.

There are categories of people who cannot serve on a jury: judges, magistrates, lawyers, the police, prison wardens, the mentally ill, doctors, MPs and some others.

In GB there are some other courts. The Judicial Committee of the Privy Council hears appeals from edonies, former British territories. The judges of the Privy Council have a rank of Law Lords. The Employment Appeal Tribunal deals with unfair dismissal or discrimination. Every case is heard by a High Court Judge and two lay members, which have knowledges and experience of industrial relations. They are for instance, trade union officials or representatives of employer's organisations. The Restrictive Practices Court can stop or control restrictive or monopolistic practices. Coroners must be qualified lawyers or doctors, they conduct inguest any violent, unnatural or suspicious death, false imprisonment and other. In the coroners' courts we can meet a jury which decides the manner of death. Tribunals cover a wide range of cases, from tax to mental health, from forestry to patents. The adventures of tribunals is that the case tried by professionals. So, the case is tried in the shortest time and its procedure is more chipper.

Else there are two "Foreign" courts in GB – the European Court of Human Rights, which can hear appeals against the pronouncements of the House of Lords or the British Government and if this rulings conflict with the European Law, can vary them. It is so on because GB is the member of the European Union and it is under jurisdiction of European Law.

Дата добавления: 2015-11-14