FUNCTIONS, JURISDICTION,
PERSONNEL of ENGLISH COURTS
Magistrates' Courts: This is the busiest court. Here sit a legally qualified 'Stipendiary' Magistrate, or between 2 & 7, usually 3, lay, Magistrates -'Justices of the Peace', guided on law by a Justices Clerk -a barrister. It is a criminal court, with some civil functions.
Criminally, it listens to the facts of the case and decides guilt or innocence, if guilty imposing sentence. The case, for & against, are put by a barrister or solicitor -sometimes assisted by a legal executive. Some 90% of the criminal proceedings are dealt with in the Magistrates' Courts, but that is to become less since under s.51 of the Crime & Disorder Act 1998 indictable offences now go directly to Crown Courts -and less 'bail jumping' cases arise from s.4 Bail Act 1976 that bail must be granted for non-serious offences, as, now, s.153 Criminal Justice Act 1998, for serious offences of any previously convicted of them it may not be without a good reason, and Bail (Amendment) Act 1993 allows appeal to Crown Court in chambers against it.
It has three criminal functions: Firstly, as a court of summary jurisdiction it deals with such least serious regulatory offences as in the Health & Safety Act and minor breaches of the Road Traffic Acts. It may hear 'either way' cases e.g., theft or assault triable by Crown Courts. Secondly, it deals with preliminary hearings and transfer of all 'either way' offences. Thirdly, it deals with offenders aged 10 to 17, except if homicide, less formally in private where there has not been another sitting for at least an hour. The Powers of Criminal Courts (Sentencing) Act 2000 now as reference, by Magistrates' Courts Act 1980 it can impose up to 6 (in 'either way' cases or if more than one 12) months imprisonment, up to £5,000 (in Health & Safety £20,000) fine, and up to £5,000 compensation ~but from mid 2002 its sentencing powers are to be increased from 6 to 12 months.
By the Legal Aid Act 1998 it runs a duty-solicitor scheme, by s.17C Magistrates' Courts Act 1980 & Criminal Procedure Investigations Act 1996 it may by 'laying of information' summon, or by 'mode of trial' upon hypothetically pleading guilty may sentence or sent to Crown Court for it.
Magistrates have also civil jurisdiction, in three areas: in recovery of e.g. Community Tax; as family proceedings court in e.g., child custody, adoption, maintenance; licensing e.g., selling of liquor and gambling.
Crown Court: The Courts Act 1971 created it to deal with indictable cases, appeals from Magistrates' Courts, sentencing if Magistrates could not. Judges sit here, as Recorders (solicitors for ten years) if part time (20 days a year), in cases of burglary, theft, assault; Circuit Judges (barristers or solicitors for ten years or Recorders for three) if rape, manslaughter -sometimes murder; Puisne (High Court) judges if murder or treason; the prosecutor is a barrister ('counsel' or 'brief'), and defence is by same or a solicitor -usually assisted by a legal executive behind him -there are ushers. The judge, under Bushel's Case 'aloof' as referee, rules on inadmissible facts, sums up at close of argument, sentences (up to the maximum prescribed) upon a verdict of 'guilty beyond reasonable doubt' by a jury aged 18 to 70 randomly chosen from the electoral.
County Court: It is a civil court of District Judges (solicitors for seven years) arbitrating claims up to £5,000; Circuit Judges deciding on a balance of probability Tort or Contract claims up to £25,000 -personal injury £50,000, and matters of e.g., land, bankruptcy, probate, company law, family and consumer affairs -with costs to the winner.
High Court: It deals with civil claims in tort & contract over £25,000 -injury over £50,000, appeals from lower courts & tribunals -bindingly of its earlier decisions, and from Magistrates on points of law. There are twenty six towns which each has a High Court. A Puisne Judge (barrister or solicitor for ten years), one of some eighty who are invited & knighted to sit here, alone, on argument by a barrister or solicitor-advocate, sums up, decides on fact & law -mostly judge-made, awards damages to the winner, with unlimited civil jurisdiction, who has immunity from action for negligence, need never retire, can't be dismissed without a resolution of both of the Houses of Parliament ~so was sacked Lord Chancellor Bacon from political office...
1. The Family Division: This has some 16 judges -a senior one as its president, and deals mainly with marriage breakdowns and matters related -such as the division of property and children involved.
2. The Chancery Division: This is headed by the vice-chancellor with some 12 judges, and deals with cases of trusts, property, partnerships, probates, mortgages, taxation and company law, as well as appeals on certain land and bankruptcy cases from the County Court and from the Inland Revenue Commissioners.
3. The Queen's Bench Division: This deals with contract and tort cases involving claims above those that can be dealt with in the County Court, has also a specialist Commercial Court and an Admiralty Court, and from administrative tribunals too it is appealed; but, its most important function is hearing appeals on points of law from Magistrates' Courts -then it is not quite bound by its earlier decisions. It has 50 judges under the Lord Chief Justice.
Court of Appeal: It has two divisions in which 27 Lord Justices of Appeal may also overrule its own decisions if considered erronous or conflict with another of it or of the House of Lords
1. Criminal Division: The Lord Chief Justice, appointed unremovably by the Monarch upon the advise of the Prime Minister, often with two Justices of Appeal, hears appeals on convictions by Crown Courts & their sentencing on conviction by Magistrates and may order a new trial, vary a sentence or quash a conviction.
2. Civil Division: Master of the Rolls, similarly appointed, and three Justices of Appeal (sometimes with Puisne Judges) hear appeals from Administrative e.g., Land or Employment Appeal Tribunals, Restrictive Practices Court, on family matters from Magistrates' and County Courts.
House of Lords: A Committee of three Lords of Appeal in the Ordinary, often five -sometimes more (nine in Pinocchet's Case 2000), with the Lord Chancellor -also a member of the Cabinet, hear appeals from the Court of Appeal, and directly by 'leapfrogging' (if to interpret a Statute) from the High Court, on points of law upon 'leave to appeal'-certification, delivering opinions binding on the UK Courts but themselves -Practice Statement 1996.
British Courts (both English and Scottish) can be appealed from to Europe -European Law being binding on all British Courts.
Only the British Monarch in Council (the Privy Council) may overrule the decisions of the Supreme Courts of those Commonwealth Countries which subscribe to this agreement -and this cannot not conflict with the European Union membership of any such countries, since European Law applies in all respects and the Privy Council itself would have to abide by it -and would not, for example be able not to overrule capital punishment if it were to be passed in and appealed from any such country.
The JUDICIARY: There are some 2,000 Judges in England. In practice none are removable if not holders of political office, nor are they liable for negligence. Except in the case of the Lord Chancellor (the highest Judge), the Lord Chief Justice (head of the Criminal Division of the Court of Appeal), and the Master of the Rolls (head of the Civil Division of the Court of Appeal), who, all, upon the advise of the Prime Minister, are appointed by the Monarch, the Judges are appointed by the Lord Chancellor; to the High Court as the irremovable 78 Puisne Judges with a knighthood by invitation as Solicitors or Barristers of 10 years standing, sometimes sitting in the Crown Court and in the Court of Appeal with opportunity to join the the Court of Appeal's 27 Lord Justices & the Lords of Appeal of the House of Lords, and to lower courts by application as: District Judges in County Courts -Solicitors of 7 years standing, 700 Recorders (part-time Judges) -Barrister or Solicitors of 10 years standing, 520 Circuit Judges -same or as Recorders of 3 years standing ~sitting in the 6 or 7 Circuits; Chairmen of many Tribunals are legally qualified, as are 'Stipendiary' Magistrates sitting alone -other Justices of the Peace being Clerk-advised laymen.
The BARRISTERS: With an exclusive right of audience in Superior Courts they present cases -sometimes as Prosecutors, similarly to Solicitors qualified but instead of the Skills Course with a Vocational Course of the Council of Legal Education and their training as Pupillage with a Barrister of 5 year's standing, sharing Chambers & services and working alone normally immune to action for negligence they draft pleadings, give Counsel's opinion to Solicitors only through whom they must see clients, in 10 years qualifying as Queen's Counsels -seniors.
The SOLICITORS: With a right of audience in higher courts if Solicitor-Advocates, Fellows of the Institute of Legal Executives exempted from or as non-law graduates with the Common Professional examination who through the Law Society followed a year's Legal Practice Course and two year's training with a firm of Solicitors coupled with the Professional Skills Course, they prepare legal documents, give legal advice, instruct Barristers to represent their clients at trials.
The Legal Executives: They assist Solicitors, by County Court (Rights of Audience) Direction 1978 in County & High Courts may present unopposed applications for e.g. adjournments or matrimonial -if Fellows of the Institute of Legal Executives they may train as Solicitors.
The Access to Justice Act 1999's cheaper 'tracks' system require claims up to £15,000 to conclude within 30 weeks, higher claims to be speeded up, England's some 2,000 Judges to so organise it; at Magistrates' now are available Duty Solicitors on Legal Aid.
These are brief guidelines subject to change & European Law.
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