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1. The English Judicial System

A feature common to the system of law in the GB is that there is no complete code. The cases are decided basing on precedent that is previous legal decisions. The English judicial system works in England and Wales. Scotland and Northern Ireland have their own judicial systems.

Now I’ll tell about the main types of British courts.

The courts of the lowest level are Magistrates Courts which deal with the majority of cases. These courts are overseen by unpaid and part-time magistrates chosen from the local community.

County courts are on the next level. They deal with basic civil cases.

Crown courts deal with any criminal cases not dealt with in the Magistrates Courts. A Magistrates Court may remit a case to the Crown Court if it believes it is sufficiently serious as the sentencing powers of magistrates are severely limited.

High Court has three ‘division’. These are the:

Family Division which deals with non-criminal cases to do with domestic law;

Chancery Division which deals with business and property law; and,

Queens Bench Division which deals with other civil law cases including those of slander and breach of contract.

Court of Appeal has two divisions dealing with appeals regarding criminal and civil law.

The House of Lords is currently the most senior UK Court where appeals against the decision of lower courts in both criminal and civil cases are decided. In 2009, a new Supreme Court will take on responsibility as the UK’s highest court of appeal. It will have jurisdiction over the whole UK system including Scotland. It will result in the Judges of Appeal not sitting in the House of Lords (as is the case at present) and will finally ensure the separation of the Legislature from the Judiciary in the UK.

2. Types of legal professions

SOLICITORS. There are about 50,000 solicitors, a number which is rapidly increasing, and they make up far the largest branch of the legal profession in England and Wales. They are found in every town, where they deal with all the day-today work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also work on court cases for their clients, prepare cases for barristers to present in the higher courts, and may represent their client in a Magistrates" court.

BARRISTERS. There are about 5,000 barristers who defend or prosecute in the higher courts. Although solicitors and barristers work together on cases, barristers specialize in representing clients in court and the training and career structures for the two types of lawyer are quite separate. In court, barristers wear wigs and gowns in keeping with the extreme formality of the proceedings. The highest level of barristers have the title QC (Queen's Council).

JUDGES. There are a few hundred judges, trained as barristers, who preside in more serious cases. There is no separate training for judges.

JURY. A jury consists of twelve people ("juriors"), who are ordinary people chosen at random from the Electoral Register (the list of people who can vote in elections). The jury listens to the evidence given in court in certain criminal cases and decide whether the defendant is guilty or innocent. If the person is found guilty, the punishment is passed by the presiding judge. Juries are rarely used in civil cases.

MAGISTRATES. There are about 30,000 magistrates (Justices of the Peace or JPs), who judge cases in the lower courts. There are usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training.

CORONERS. Coroners have medical or legal training (or both), and inquire into violent or unnatural deaths.

CLERKS OF THE COURT. Clerks look after administrative and legal matters in the courtroom.

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