English System of Law

There are three separate systems of law in the United Kingdom: the legal systems and law courts of: 1) England and Wales, 2) Scotland, 3) Northern Ireland.

There are some common features to all systems: the sources of law and the distinction between civil law and criminal law. Courts may be classified as criminal courts and civil courts.

The sources of law include: written law (statutes) and unwritten law (based on judicial precedent). We also call the common law as “case law” or “judge made” law. It means that when one judge has decided a point of law, any judge who has the similar set of facts must decide case in the same way as in the earlier judgement. In other words, the judge uses the process of analogy.

English system of law includes:

1. Magistrates’ courts (about 700). Magistrates’ Courts try the majority of all the less Serious criminal cases and some civil cases. Magistrates’ courts are presided over by lay magistrates (called justices of the peace). The courts consist of between 2 to 7 magistrates. It is the lower court or court of first instance.

2.Crown Court – consists of judges, 2 magistrates and jury. It deals with all serious criminal cases. (Indictable offences). It also hears appeals from magistrates’ courts. The accused has the right to trial by jury.

3. County Court – consists of judge and jury. It deals with civil cases, for example, divorce. (Minor claims up to 5000 pounds).

4. The High Court hears all those civil that cannot be decided by County Courts. (More expensive and complicated cases).

5. Court of Appeals – hears both criminal and civil appeals. The appeals system is a necessary safeguard against mistakes and injustice.

6. The House of Lords – is the final appellate tribunal.

There is the Central Criminal Court in London. Certain cases may be referred to the European Court of Justice in Luxembourg or the European Court of Human Rights.

The legal system includes juvenile courts, which deal with offenders under 17 and coroners’ courts, which investigate violent, sudden or unnatural deaths. The age of criminal responsibility in England and Wales is ten. Britain has a serious problem with young offenders. The peak age for committing crime is 15.

The accused must normally appear first before a magistrates’ court. The large majority of all penalties in magistrates’ courts are fines. An accused person has the right to employ a legal advisor.