The British Court System

British law comes from two main sources: laws made in Parliament and Common Law, which is based on previous judgments and customs. Just as there is no written constitution, Britain has no criminal code or civil code and the interpretation of the law is based on what has happened in the past. The laws made in Parliament are interpreted by the courts, but changes in the law itself are made in Parliament.

The system of justice in England, Wales and Northern Ireland, in both civil and criminal cases, is an adversarial system. Scotland has its own judicial system.

Criminal Courts.Very serious offences such as murder, manslaughter, rape and robbery are tried on indictment only by the Crown Court, where all contested trials are presided over by a judge sitting with a jury. Summary offences – the least serious offences and the vast majority of criminal cases – are tried by magistrates. A third category of offences – such as theft, the less serious cases of burglary and some assaults – are known as “either way offences”. They can be tried either by magistrates’ courts, that are the most common type of law court in England and Wales or by jury in the Crown Court.

There are 700 magistrates’ courts and about 30000 magistrates also known as Justices of the Peace (JPs) that are not trained lawyers. In these courts a panel of magistrates (usually 3 persons) passes judgments. In cases where they have decided somebody is guilty of a crime, they can also impose a punishment. This can be imprisonment for up to a year, or it can be a fine, and if it is a person’s first offence and the crime is not serious even a guilty person is often unconditionally discharged (he/she is set free without punishment).

In Scotland minor offences are considered by non-jury district courts and less serious ones by the sheriff court sitting without a jury; more serious sheriff court cases are tried by jury. Serious offences such as murder, armed robbery and rape are tried in the High Court of Justiciary in Scotland – which sit with a jury. In Scotland the jury’s verdict may be ‘guilty’, ‘not guilty’ and ‘non proven’; the accused is acquitted if one of the last two verdicts is given. The jury consists of 15 people. A ‘guilty’ verdict can only be reached if at least eight members are in favour.

Appeals from the magistrates’ courts go before the Crown Court or the High Court. Besides dealing with appeals the Crown Court tries more serious crimes. It is presided by a judge and the decision regarding guilt or innocence is taken by the jury. The jury consists of 12 people chosen at random from the local electoral register. They don’t get paid for their services and are obliged to perform this duty. In order for a verdict to be reached, there must be an agreement among at least 10 of them. If this doesn’t happen the judge has to declare a mistrial ant the case must start all over again with a different jury. Appeals from the Crown Court are made to the Court of Appeal (Criminal Division), and even to the House of Lords for final resolution.

Civil Courts.Magistrates’ courts have limited civil jurisdiction, they have concurrent jurisdiction with the County Courts and the High Court in cases relating to children.

The 270 county courts have a wider jurisdiction; cases are normally tried by judges sitting alone. The judge hears uncontested matters, mortgage repossession claims and small value claims.

The 80 or so judges in the High Court cover more complicated civil cases and some criminal cases; they also deal with the appeals (usually appeals on the point of law). In the event of overlapping jurisdiction between the High Court and the County Court, cases of exceptional importance, complexity or financial substance are reserved or transferred for trial in the High Court.

Appeals from the High Court are heard in the Court of Appeal (Civil Division), and may go on to the House of Lords, the final Court of Appeal.

The House of Lords is the highest and final court of appeal in England and Wales (Scotland has its own High Court in Edinburgh, that hears all appeals from Scottish courts). Certain cases may be referred to the European Court of Justice in Luxembourg. In addition, individuals have made the British Government change its practices in a number of areas as a result of petition to the European Court of Human Rights.

The legal system also includes juvenile courts (which deal with the offenders under seventeen) and coroner’s courts (which investigate violent, sudden or unnatural deaths). These are administrative tribunals which make quick and cheap and fair decisions with much less formality. Tribunals deal with professional standards, disputes between individuals and government departments (e.g. over taxation).

Punishment. If it is someone’s first offence, and the crime is not serious, even a guilty person is often unconditionally discharged (he or she is set free without punishment).

The next step up the ladder is a conditional discharge. This means that the guilty person is set free but if he or she commits another crime within a stated time, the first crime will be taken into account. He or she may be also put on probation, which means that regular meetings with a social worker must take place.

A very common form of punishment for minor offences is a fine, which means that the guilty person has to pay a sum of money. Another possibility is that the convicted person is sentenced to certain number of hours of community service.

Wherever possible, magistrates and judges try not to imprison people. This costs the state money, the country’s prisons are already overcrowded and prisons have a reputation for being ‘school for crime’. Even people who are sent to prison do not usually serve the whole time to which they were sentenced. They get remission of their sentence for good behaviour.

There is no death penalty in Britain, except for treason. It was abolished for all other offences in 1969. Although public opinion poll often show a majority in favour of its return. For murderers, there is an obligatory life sentence. However, ‘life’ does not normally mean life. ‘Life’ sentences are rarely more than 14 years, and it would be possible to release prisoners after 7 years.