The English Judicial System

At the present time the English judicial system is basically pyramidal in organization.

At the top of the pyramid is one final appellate tribunal the House of Lords. Beneath it is the Court of appeal, the intermediate appellate court, which hears both criminal and civil appeals.

Beneath these appellate courts are two separate systems of trial courts, one for criminal cases, the other for civil cases. The separation of civil and criminal courts is largely a legal fiction, the same judges presiding over both courts.

On the civil side are the High Court, a court of general jurisdiction, and the County Courts, which have only limited jurisdiction. On the criminal side are the Crown Court, also a court of general jurisdiction, and the Magistrates’ Courts having only limited jurisdiction.

The High Court justices and County Court judges are all barristers. The justices of the High Court and County Judges are ex officiis judges of the Crown Court, as well as a few lawyers who hold temporary appointments. Outside of London and a few other large cities, the magistrates are laymen, who sit only occasionally to try cases. In the larges cities, there are full-time stipendiary magistrates, who must have legal training.

Criminal Courts

There are to main kinds of courts, and two kinds of judicial officers to correspond with them. Courts of first instance are presided over by magistrates, who are normally Justices of the Peace (JPs); higher courts (‘crown’ courts) by judges, or in some cases, senior barristers specially appointed to perform judicial functions for part of their time.

So criminal proceedings in England and Wales are held either in Magistrates’ courts, where cases are tried summarily, i.e. without a jury, or in the Crown Court, where the most serious cases are tried on indictment with a jury. Magistrates’ courts also conduct preliminary investigations into the more serious cases. About 97 per cent of all criminal cases are heard and determined by magistrates’ courts.

Magistrates’ Courts

Every person charged with an offence is summoned to appear before a local Magistrates’ court, which may impose a fine up to a general limit of 2,000 pounds or twelve months’ imprisonment, though for some specified offences the laws prescribe maximum penalties below these limits. With 98 per cent of cases the magistrates on the bench decide on guilt or innocence, and if necessary what penalty to impose. With more serious cases the magistrates can decide only to send them for trial in a Crown court. A person accused before a Magistrates’ court may demand to be sent for trial before a Crown court in some of the more serious cases with which in general the magistrates could have dealt themselves.

A Magistrates’ court normally consists of three Justices of the Peace (occasionally, two or four or more). The Justices of the Peace are ordinary but worthy citizens who have been appointed to their positions by the Lord Chancellor on the advice of local appointing committees. Justices of the Peace have no formal qualifications; they are chosen merely for their good reputation, often with the support of political parties or approved voluntary bodies. Once appointed, they are expected to attend courses of instructions about their work. There are 27,000 Justices of the Peace in England; each of them works in the courts on about 30-50 days a year. Those who have jobs must take time off, and receive a small compensation for loss of earnings; but otherwise the Justices of the Peace receive no payment for their work. Attempts are now being made to ensure that Justices of the Peace are of widely differing social backgrounds, but inevitably most are middle class.

In their courts the Justices of the Peace are advised on points of law by their Clerks, who are professional lawyers; otherwise they decide each case brought before them according to their sence of what is fair and suitable, within the limits of their powers, and with some attention to general guidance which they receive. There are a few exceptions to the general pattern. Some of the courts in London and in some other big towns have stipendiary magistrates, who are qualified lawyers, work full time and paid salaries; but there are only seventy stipendiary magistrates in England and a few in Wales.