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Courts of England and Wales



Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply English law, the law of England and Wales, and are established under Acts of the Parliament of the Unated Kingdom.

The United Kingdom does not have a single unified legal system – England and Wales have one system, Scotland another, and Nothern Ireland a third. There are exceptions to this rule; for example in immigration law, the Asyllum and Immigration Tribun's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of Employment Tribunals for England, Wales, and Scotland (but not Northern Ireland). Additionally, the Military Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to offences against military law.

The Court of Appeal, the High Court, the Crown Court, the magistrates' courts, and the county courts are administered by Her Majesty’s Courts and Tribunals Service, an executive agency of the Ministry of Justice.

Supreme Court of the United Kingdom is the highest appeal court in almost all cases in England and Wales. Prior to the Constitutional Reform Act 2005 this role was held by the House of Lords. The Supreme Court is also the highest court of appeal for devolution matters, a role previously held by the Privy Council.

Judicial Committee of the Privy Council is the highest court of appeal for a small number of Commonwelth countries, colonies and the Channel Islands and the Isle of Man. There are a number of smaller statutory jurisdictions, such as appeals from ecclesiastical and professional bodies. The judges who sit on the Judicial Committee of the Privy Council are also the members of the Supreme Court and the Court of Appeal.

The Senior Courts of England and Wales were originally created by the Judicature Acts as the "Supreme Court of Judicature". It was renamed the "Supreme Court of England and Wales" in 1981, and again to the "Senior Courts of England and Wales" by the Constitution Reform Act 2005 (to distinguish it from the new Supreme Court of the United Kingdom). It consists of the following courts: Courts of Appeal (formally Her Majesty's Court of Appeal in England), High Court of Justice (High Court, formally Her Majesty's High Court of Justice in England), Crown Court.

Court of Appeal The Court of Appeal deals only with appeals from other courts or tribunals. The Court of Appeal consists of two divisions: the Civil Division hears appeals from the High Court and County Court and certain superior tribunals, while the Criminal Division may only hear appaeals from the Crown Court connected with a trial on indictment (i.e. for a serious offence). Its decisions are binding on all courts, including itself, apart from the Supreme Court.

The High Court of Justice functions both as a civil court of first instance and a criminal and civil appellate court for cases from the subordinate courts. It consists of three divisions: the Queen's Bench, the Chancery and the Family divisions. The divisions of the High Court are not separate courts, but have somewhat separate procedures and practices adapted to their purposes. Although particular kinds of cases will be assigned to each division depending on their subject matter, each division may exercise the jurisdiction of the High Court. However, beginning proceedings in the wrong division may result in a costs penalty.

The Crown Court is a criminal court of both original and appellate jurisdiction which in addition handles a limited amount of civil business both at first instance and on appeal. It was established by the Courts Act 1971. It replaced the Assizes whereby High Court judges would periodically travel around the country hearing cases, and Quarter Sesions which were periodic county courts. The Old Bailey is the unofficial name of London's most famous Criminal Court, which is now part of the Crown Court. Its official name is the "Central Criminal Court". The Crown Court also hears appeals from Magistrates’ Courts.

The Crown Court is the only court in England and Wales that has the jurisdiction to try cases on indictment and when exercising such a role it is a superior court in that its judgments cannot be reviewed by the Administrative Court of the Queen’s Bench Division of the High Court. The Crown Court is an inferior court in respect of the other work it undertakes, viz. inter alia, appeals from the magistrates’ courts and other tribunals.





Дата публикования: 2014-11-02; Прочитано: 629 | Нарушение авторского права страницы | Мы поможем в написании вашей работы!



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