# UK Constitution and Government/Judiciary


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`<big>`{=html}`<big>`{=html}The Judiciary`</big>`{=html}`</big>`{=html}

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## Structure

The United Kingdom is made up of three separate legal jurisdictions,
each with a separate laws and hierarchy of courts: *England and Wales*,
*Scotland*, and *Northern Ireland*.

## England and Wales

England and Wales is a *common law* jurisdiction.

### Lower courts

The lowest court in England and Wales is the *Magistrates\' Court*.
Magistrates, also known as Justices of the Peace, are laypersons
appointed by the Sovereign. The court hears \"summary\" offences
(punishable by six months or less in prison). When hearing such cases,
three magistrates sit together as a panel without a jury. In some
metropolitan areas, such as London, there are no magistrates; instead,
summary cases are tried by a single District Judge who is trained in
law.

Serious criminal cases are tried before a *Crown Court* with a judge and
a jury of twelve. The accused may also choose to have certain summary
offences referred from the magistrates\' court to the Crown Court, in
order for their case to be tried before a jury; the Crown Court also
hears appeals from magistrates\' courts. Though the Crown Court is
constituted as a single body for the whole of England and Wales, it sits
permanently at multiple places throughout its area of jurisdiction.

The counterpart to the Crown and Magistrates\' Courts in the civil
justice system is the *County Court*. There are over 200 County Courts
throughout England and Wales.

### High Court

The *High Court of England and Wales* takes appeals from the County
Court, and also has an original jurisdiction in certain matters.

The High Court is constituted into three *divisions*: the *Family
Division*, the *Chancery Division*, and the *Queen\'s Bench Division*.

The Family Division is presided over by the *President of the Family
Division*, and hears cases involving family matters such as matrimonial
breakdown, child custody and welfare, and adoption.

The Chancery Division is presided over by the *Chancellor of the High
Court* (formerly known as the *Vice-Chancellor*), and hears cases
involving land, companies, bankruptcy, and probate.

The Queen\'s Bench Division is presided over by the *President of the
Queen\'s Bench Division*, and hears cases involving torts (civil
wrongs). The Queen\'s Bench Division also includes four subordinate
courts: the *Admiralty Court* (dealing with shipping), the *Commercial
Court* (dealing with insurance, banking, and commerce), the *Technology
and Construction Court* (dealing with complex technological matters),
and the *Administrative Court* (exercising judicial review over the
actions of local government). The Queen\'s Bench Division also has
oversight of the lower courts.

## Court of Appeal

Above the High Court in civil cases, and the Crown Court in criminal
cases, is the Court of Appeal, headed by the *Master of the Rolls*, and
including 35 *Lords Justices of Appeal* as well as other judges.

The Court of Appeal is divided into a *Civil Division* (presided over by
the Master of the Rolls) and a *Criminal Division* (presided over by the
Lord Chief Justice). Generally speaking, appeals may only be heard \"by
leave\"; that is, with the permission of the either the Court of Appeal
or the judge whose decision is being contested. In some cases, it is
possible to \"leapfrog\" the High Court and bring a case directly from a
County Court.

Together, the Crown Court, the High Court, and Court of Appeal
constitute the *Senior Courts* (formerly known as the *Supreme Court of
Judicature*). Thus, since they are theoretically one body, it is
possible for judges of one court to sit in other courts. Appeals from
the Senior Courts go to the Supreme Court; it is also possible to
leapfrog from the High Court, but not from the Crown Court. Normally,
leave to appeal to the Supreme Court is not granted unless the case is
of great legal or constitutional importance.

## Northern Ireland

Northern Ireland\'s system is based on that used in England and Wales,
with a similar hierarchy of magistrates\' court, the Crown Court (for
criminal trials), county courts (for civil trials), the High Court, and
the Court of Appeal.

Appeals from Northern Ireland lie to the Supreme Court.

## Scotland

In contrast with the rest of the United Kingdom, Scotland uses a mixture
of common law and civil law. Its court system was developed
independently of that in England. The *Act of Union* (1707) guarantees
the continuance of Scotland\'s different legal system.

### Lower courts

Summary jurisdiction is exercised by *Justice of the Peace Courts*, held
either by three *Justices of the Peace* (lay magistrates) sitting
together, or by a Justice of the Peace sitting with a legally qualified
clerk. As in England and Wales, professional judges may sit in certain
metropolitan areas.

Above the Justice of the Peace Courts are the *Sheriff Courts*, of which
there are around 50. Sheriff Courts hear both criminal and civil cases,
and are held before a judge known as a Sheriff, and have a jury of
fifteen people. Sheriff Courts are grouped into six different
Sheriffdoms, headed by a Sheriff Principal who hears appeals from cases
not decided by a jury.

### High Court of Justiciary

The highest criminal court in Scotland is the *High Court of
Justiciary*. The judges of the court are also the judges of the Court of
Session (see below); as High Court judges they are known as *Lords
Commissioners of Justiciary*. The head of the court is the *Lord
Justice-General* (also the Lord President of the Court of Session), with
a deputy known as the *Lord Justice Clerk* (who holds the same office in
the Court of Session). Altogether the High Court has up to 32 individual
judges.

The High Court has exclusive jurisdiction in serious crimes, such as
murder or drug trafficking, in which case a single judge sits with a
jury of fifteen. The High Court also hears appeals from Justice of the
Peace Courts, and hears appeals in criminal cases from Sheriff Courts.

Appeals against decisions by a High Court judge in criminal cases are
heard by either two (in appeals against sentences) or three (in appeals
against conviction) High Court judges. No appeal lies beyond the High
Court.

### Court of Session

The highest civil court in Scotland is the *Court of Session*. Its
judges also sit as judges of the High Court of Justiciary (see above);
as Court of Session judges they are known as *Lords and Ladies of
Council and Session*, or *Senators of the College of Justice*. The Court
is headed by the *Lord President*, with a *Lord Justice Clerk* as
deputy. Altogether the Court of Session has up to 32 individual judges.

The Court of Session is divided into the *Outer House* (made up of
nineteen judges), and the *Inner House* (made up of the remaining
judges). The Outer House has original jurisdiction, while the Inner
House has appellate jurisdiction. The Inner House is further divided
into the First and Second Divisions, headed by the Lord President and
Lord Justice Clerk respectively. Sometimes, when many cases are before
the court, an Extra Division may be appointed. Each Division may sit as
a panel hearing an appeal from the Sheriff Court or from the Outer
House.

Appeals from the Court of Session lie to the Supreme Court.

## Supreme Court

The *Supreme Court of the United Kingdom* is the ultimate court of
appeal in all civil matters, as well as in criminal cases (other than
from Scotland), and also has original jurisdiction in devolution cases.

The Supreme Court has replaced the jurisdiction previously exercised by
the House of Lords in the latter\'s now-abolished judicial capacity. The
Supreme Court of the United Kingdom is not to be confused with the
Supreme Court of Judicature, the name formerly held by (a) the Senior
Courts, in England and Wales, and (b) the Court of Judicature, in
Northern Ireland.

The Supreme Court is headed by a President, who has a Deputy President.
There are a further ten *puisne* judges.

## Judicial Committee of the Privy Council

The *Judicial Committee of the Privy Council* formerly held original
jurisdiction in the United Kingdom in devolution cases, and continues to
hold appellate jurisdiction over the ecclesiastical courts of the Church
of England. Appeals to the Privy Council as a court of last resort also
lie from the Crown dependencies, the British overseas territories, and
from certain Commonwealth countries.

Membership of the Judicial Committee is made up of Justices of the
Supreme Court, Privy Counsellors who are or were Lord Justices of Appeal
in either England and Wales or Northern Ireland, members of the Inner
House of Scotland\'s Court of Session, and selected senior judges from
certain other Commonwealth countries. Members retire at the age of 75.

Appeals to *Her Majesty in Council* are referred to the Judicial
Committee, which formally reports to the Queen in Council, who in turn
formally confirms the report. By agreement, appeals from certain
Commonwealth countries lie directly to the Judicial Committee itself.

The Queen-in-Council also considers appeals from the disciplinary
committees of certain medical bodies such as the Royal College of
Surgeons. Also, cases against the Church Commissioners (who administer
the Church of England\'s property estates) may be considered. Appeals
may be heard from certain ecclesiastic courts (the Court of Arches in
Canterbury, and the Chancery Court in York) in cases that do not involve
Church doctrine. Appeals may also be heard from certain dormant courts,
including Prize Courts (which hear cases relating to the capture of
enemy ships at sea, and the ownership of property seized from captured
ships) and the Court of Admiralty of the Cinque Ports. Finally, the
Queen-in-Council determines if an individual is qualified to be elected
to the House of Commons under the House of Commons Disqualification Act.

## ECHR and ECJ

In addition to the above domestic courts, there are two further courts
which can be said to exercise a jurisdiction over the United Kingdom.

The *European Court of Human Rights* deals with cases concerning alleged
infringements of the *European Convention on Human Rights*.

The *European Court of Justice* deals with cases concerning alleged
infringements of European Union law.

