4.The Judicial System

In the United Kingdom there are three distinct systems of courts：the English system，which applies to England and Wales；the Scottish system；and the system in Northern Ireland.Here is only an introduction to the English system.

The first thing to notice is that there is no civil or criminal code in England.The law as a whole consists partly of statutes，or Acts of Parliament，partly of common law based on judges’previous decisions and custom，and partly of equity.Equity means justice.The word has acquired the secondary meaning of justice as contrasted with strict rules of law.Equity in this sense is application of what seems right，as opposed to the application of a rule of law，which may not apply to a given circumstance or which prescribes what seems unfair.Equity，as a body of unwritten law，serves as a supplement to the common law in England.

English judicial organizations can be simply divided into two classes：the superior courts and inferior courts.The superior courts include the High Court of Justice，the Crown Court，and the Court of Appeal.The inferior ones are county courts，magistrates’courts，and others.

The High Court of Justice is made up of three divisions：the Queen’s Bench Division，the Chancery Division，and the Family Division.The Queen’s Bench Division is presided over by the Lord Chief Justice⁸.It hears a wide variety of civil cases，mostly actions in contract and tort，and certain appeals.It has jurisdiction over inferior courts and tribunals.Cases of a commercial nature are dealt with by a Commercial Court which forms part of the division，and the admiralty jurisdiction is exercised by an Admiralty Court.The Chancery Division is presided over by a Vice-Chancellor.It hears cases concerning such matters as land，trusts，mortgages，the administration of estates on death，bankruptcy，and town and country planning.Matters relating to companies and patents are dealt with by two special courts forming part of the division：the Companies Court and the Patents Court respectively.The Family Division is headed by the President and is concerned with all disputes concerningmarriage and children.The judges of the High Court are known as puisne judges⁹.They are appointed by the Crown，acting on the advice of the Lord Chancellor，from among barristers of at least ten years’standing.

The Judical System of UK

The Crown Court was instituted by the Courts Act 1971.It hears cases in criminal matters.Its personnel is more varied.According to the nature of the charge，the case may be hears either by ajustice of the High Court，by a circuit judge or by a recorder（a barrister who is temporarily invested）.If the accused pleads“not guilty”，the judge will be assisted by ajury.

The Court of Appeal consists of two divisions：the Civil Division and the Criminal Division.The Civil Division of the court is presided over by the Master of the Rolls¹⁰，and the Criminal Division by the Lord Justices of Appeal，but any puisne judge may be required to participate，and this frequently happens in the Criminal Division.The Civil Division hears appeals from the High Court and the county courts，and appeal is normally as of right.It also hears certain appeals from specialized courts and tribunals.The Criminal Division hears appeals from Crown Court.Certain appeals can be brought only with the leave of the court.The Court of Appeal is，in a limited number of cases，a court of last resort.Normally，a further appeal lies to the House of Lords，though only by leave of the court itself or the House.

The vast majority of cases that arise are heard before a large number of inferior courts.In civil matters the principal inferior court is the county court，which plays a very important role in the administration of civil justice in England because of its very broad jurisdiction.Although the jurisdiction of the High Court of Justice is unlimited in general principle，it does not hear cases involving small sums which thus proceed before a county court.Actions in divorce are also begun in certain county courts which can，when the action is uncontested，also grant the divorce.County courts also decide on such specific matters as adoptions.The number of county court judges is fixed at 260；and，as in the High Court，they are selected from among experienced practitioners.More minor affairs may also be judged by the judge’s auxiliary，the registrar，or in the light of 1973legislation，be referred to arbitrators.

In criminal matters the“petty”or“summary”offenses are judged by magistrates，members of the community who enjoy the title“justice of the peace”but receive no salary.They are now about 20，000in number；they have no legal training but assisted by a legally trained clerk.As a general rule at least two magistrates must hear the case and make a judgement.The magistrates’jurisdiction in criminal matters is not however limited to petty offences.For all major offences it falls to them，within the framework of a preliminary hearing，to decide whether there are sufficient grounds to send the suspected person to trial before the Crown Court.In many cases，moreover，it is possible for the suspected person to opt to be tried before the magistrates.For the charged person the advantage is that，since the magistrates’powers are limited，he cannot be condemned to more than a six months’prison sentence，whereas appearing before the Crown court he runs the risk of incurring a much more severe penalty.The trial before the magistrates can only occur，however，when a guilty plea is entered；there is therefore never a jury trial in a magistrate’s court.It should be added that magistrates have a limited jurisdiction in civil matters，such as separations，maintenance orders，child custody，and in some claims for debt.

Appeals，when permitted，from decisions of the county courts are taken to the Court of Appeal.Appeals from decisions of the magistrates’courts，when authorized，proceed either before the Crown Court or before the Queen’s Bench Division.

Notes

1.Law Lords：peers in the House of Lords who sit as the highest court of appeal in England.They include the Lord Chancellor and any peers who have held judicial office.

2.Lord Chancellor：the title（in full，Lord High Chancellor）of the chief legal officer in England.He is a member of the Cabinet and the Privy Council.Appointed by the Crown on the advice of Prime Minister，he sits as the Speaker in the House of Lords.

3.Black Rod：an official in the House of Lords.He acts as the sovereign’s personal attendant in the House of Lords.His main duty is to call the members of the House of Commons to attend the annual Speech from the Throne at the opening of parliament.The Commons do not give Black Rod free access to their chamber.By tradition，he is obliged to knock three times with his staff on the door of the Commons’chamber before being admitted.

4.by-election：a special election held between the general elections to fill a vacancy in the House of Commons.

5.Whips：an MP appointed to organize the members of his party in parliamentary procedures and，in particular，to ensure their participation in votes and debates.

6.Parliamentary Counsel：a small group of civil servants with legal training who draft government legislation.

7.Backbencher：an MP who does not hold any special office and who，therefore，in the House of Commons sits on the back benches.

8.Lord Chief Justice：the title of the judge who presides over the Queen’s Bench Division.He ranks next after the Lord Chancellor and is a peer.He is appointed by the Crown on the advice of the Prime Minister.

9.Puisne judge：judge of superior court inferior in rank to chief justices.

10.Master of the Rolls：the senior civil judge who presides over the Court of Appeal.He is keeper of the records at the Public Record Office（an office in London that holds official records，including those of courts of law and of most government departments），and is a member of the Privy Council.He ranks third after the Lord Chancellor and the Lord Chief Justice.

Exercises

Ⅰ.Choose the correct answer.

1.The English Parliament was formallydivided into two Houses in________.

A.the 13th century　　　B.the 14th century

C.the 17th century　　　D.1688

2.The House of Commons has become more important than the House of

Lords since________.

A.1642　　　B.1660　　　C.1688　　　D.1832

3.Now the House of Lords can prevent a bill from passinginto law for________.

A.three months　　　B.six months

C.one year　　　　　D.two years

4.Among the following ones who can not vote in parliamentary election？

A.Girls of 18years old.　　　B.Civil servants.

C.The judges.　　　　　　　　D.The hereditary peers.

5.The general election normally takes place every ________years.

A.three　　　B.four　　　C.five　　　D.six

6.The High Court of Justice includes the following divisions except the________.

A.Queen’s Bench Division　　　B.Criminal Division

C.Chancery Division　　　　　　D.Family Division

7.Which one in the following is usually dealt with by the Chancery Division？

A，The case of murder.

B.The case concerning mortgages.

C.The case of tort.

D.The case concerning divorce.

8.Most of the civil cases are actually tried by________.

A.Magistrates’Courts　　　　　　B.County Courts

C.High Court of Justice　　　　　D.Crown Court

Ⅱ.Fill in the blanks.

1.The British Parliament is the supreme________of the country.It consists of three elements：the________，the House of Lords and the House of________.The official head of the Parliament is the________.

2.The Lords Temporal include________peers and________peers.The title of hereditary peers are five ranks.They are，in order of rank，Duke，________Earl，________and Baron.

3.Since ________a hereditary peer can give up his noble title during his lifetime.But this does not prevent the peer’s ________from ________the title.

4.The House of ________is the highest court in Britain hearing civil and criminal ________from the lower courts.

5.If the government is defeated in the House of ________on an issue，the Prime Minister either ________or asks the monarch to ________the parliament.

6.The presidingofficer of the Lower House is called________，while the equivalent of the Upper House is the________.

7.There is no ________code and no ________code in England.The law as a whole consists partlyof________，partlyof ________and partlyof________.

8.The trial before the magistrates can only occur when a guilty ________is entered；there is therefore never a ________trial in a magistrate’s court.

Ⅲ.Questions for Discussion.

1.What is the primary function of Parliament？

2.Who are the members of the House of Lords？

3.What are the processes of passing apublic bill？

4.Why do the criminal convicts like to he tried first by magistrates’courts？