The Court system of the UK, USA

Courts of England and Wales

(http://www.kevinboone.com/lawglos_CourtSystemOfEngland.html The K-Zone: Court system of England)

      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 the law of England and Wales and are established under Acts of the Parliament of the United Kingdom. These are such courts as The Court of Appeal, the High Court, the Crown Court and the Magistrates' Courts. The County Courts are administered by Her Majesty's Courts Service, an executive agency of the Ministry of Justice.

      Appellate Committee of the House of Lords

      The House of Lords is the highest appeal court in almost all cases in England and Wales. The judicial functions of the House of Lords are entirely separate from its legislative role. Its decisions are binding on all lower courts.

      Its judicial functions were abolished by the Supreme Court of Judicature Act 1873, but an election was held before the act came into force, and the new Parliament passed the Supreme Court of Judicature Act 1875 which amended the first Act to preserve the House of Lords' judicial function. The Constitutional Reform Act 2005 will transfer these functions to the Supreme Court of the United Kingdom. The House is also the court of trial in impeachment cases, although impeachment in England is now obsolete.

      Judicial Committee of the Privy Council

      The Privy Council is the highest court of appeal for the UK. In addition, it is the highest court of appeal for a dwindling number of Commonwealth countries and the Channel Islands and the Isle of Man. The judges who sit on the Privy Council are for the most part also members of the Appellate Committee of the House of Lords.

      The Supreme Court of England and Wales

      The Supreme Court was created by the Judicature Acts as "Supreme Court of Judicature". It was renamed the Supreme Court of England and Wales in 1981. It is the most important superior court of England and Wales. It consists of the following courts:

• Court of Appeal
• High Court of Justice
• Crown Court

      When all the provisions of the Constitutional Reform Act 2005 come into force the courts comprised in the present Supreme Court of England and Wales will become known as the Senior Courts of England and Wales. This change is being made consequent to the establishment of the Supreme Court of the United Kingdom by that Act.

      Court of Appeal

      The Court of Appeal deals only with appeals from other courts. 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 appeals from the Crown Court connected with a trial on indictment (i.e. trial by judge and jury (the jury is only present if the defendant pleads "not guilty")).Its decisions are binding on all courts apart from the House of Lords.

      High Court

      The High Court of Justice functions both as a civil court of first instance and a criminal 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. 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.

      Crown Court

      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 of 1971. It replaced the Assizes whereby High Court judges would periodically travel around the country hearing cases, and Quarter Sessions 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’ court and other tribunals.

      The most common subordinate courts in England and Wales are the

• Magistrates' Courts
• Family Proceedings Courts
• Youth courts
• County Courts

      Magistrates', Family Proceedings and Youth Courts

      Magistrates' Courts are presided over by a legally-trained district judge (formerly known as a stipendiary magistrate), sitting in each local justice area. There are no juries. They hear minor criminal cases, as well as certain licensing applications. Youth courts are run on similar lines to Adult magistrates' courts but deal with offenders aged between the ages of 10 and 17 inclusive. Youth courts are presided over by a specially trained subset of experienced Adult Magistrates or a District Judge. Youth Magistrates have a wider catalogue of disposals available to them for dealing with young offenders and often hear more serious cases against youths (which for adults would normally be dealt with by the Crown Court). In addition some Magistrates' Courts are also a Family Proceedings Court and hear Family law cases including care cases and they have the power to make adoption orders. Family Proceedings Courts are not open to the public. The Family Proceedings Court Rules 1991 apply to cases in the Family Proceedings Court. Youth courts are not open to the public for observation, only the parties involved in a case being admitted.

      County Courts

      County Courts are statutory courts with a purely civil jurisdiction. They are presided over by Circuit Judge and, except in a small minority of cases such as civil actions against the Police, the judge sits alone as Trier of fact and law without assistance from a jury. County courts have divorce jurisdiction and undertake private family cases, care proceedings and adoptions.

      County Courts are local courts in the sense that each one has an area over which certain kinds of jurisdiction such as actions concerning land or cases concerning children who reside in the area. For example, proceedings for possession of land must be started in the county court in whose district the property lies. However, in general any county court in England and Wales may hear any action and claims are frequently transferred from court to court.

      Tribunals

      The Court Service administers the tribunals that fall under the direct responsibility of the Lord Chancellor. Tribunals can be considered the lowest rung of the court hierarchy in England and Wales.

      Special courts and tribunals

      In addition, there are many other Special courts. These are often described as "Tribunals" rather than courts, but the difference in name is not of any great consequence. For example an Employment Tribunal is an inferior court of record for the purposes of the law of contempt of court. In many cases there is a statutory right of appeal from a tribunal to a particular court or appellate tribunal. In the absence of a specific appeals court, the only remedy from a decision of a Tribunal may be a judicial review to the High Court, which will often be more limited in scope than an appeal.

      Examples of Special courts are:

• Employment Tribunals (formerly Industrial Tribunals) with appeal to the Employment Appeal Tribunal
• the Employment Appeal Tribunal, which is a superior court of record, and therefore not subject to judicial review, appeals go to the Court of Appeal
• Leasehold Valuation Tribunals, with appeal to the Lands Tribunal
• the Lands Tribunal
• VAT and Duties Tribunals (who deal with indirect tax cases)
• the General Commissioners and Special Commissioners (who deal with direct tax cases)
• Rent assessment committees

      Coroners' courts

      The post of coroner is ancient, dating from the 11th Century, and coroners still sit today to determine the cause of death in situations where people have died in potentially suspicious circumstances, abroad, or in the care of central authority.

      Ecclesiastical courts

      The Church of England is an established church (i.e.. it is the official state church) and formerly had exclusive or non-exclusive subject matter jurisdiction over marriage and divorce cases, testamentary matters, defamation, and several other areas. Since the nineteenth century, the jurisdiction of the ecclesiastical courts has narrowed principally to matters of church property and errant clergy. Each Diocese has a 'Chancellor' (either a barrister or solicitor) who acts as a judge in the consistory court of the diocese. The Bishop no longer has the right to preside personally.

      Other courts

• Court-martial (military)
• Admiralty court (maritime)
• Court of Chivalry (heraldry)
• Patents County Court (Intellectual property cases)
• Restrictive Practices Court

      Criminal cases

      (Herring Jonathan «Criminal Law: text, cases and materials», Oxford University Press. p. 1088)

      There are two kinds of criminal trial: summary and on indictment. For an adult, summary trials take place in a magistrate’s court, while trials on indictment take place in the Crown Court. Despite the possibility of two venues for trial, almost all criminal cases, however serious, commence in the Magistrates' Courts. It is possible to start a trial for an indictable offence by a voluntary bill of indictment, and go directly to the Crown Court, but that would be unusual.

      A criminal case that starts in the Magistrates' Court, may begin, either by the defendant being charged and then being brought forcibly before Magistrates, or by summons to the defendant to appear on a certain day before the Magistrates. A summons is usually confined to very minor offences. The hearing (of the charge or summons) before the Magistrates is known as a "first appearance".

      Offences are of three categories: indictable only, summary. Indictable only offences such as murder and rape must be tried on indictment in the Crown Court. On first appearance, the Magistrates must immediately refer the defendant to the Crown Court for trial, their only role being to decide whether to remand the defendant on bail or in custody.

      Summary offences, such as most motoring offences, are much less serious and most must be tried in the Magistrates' Court, although a few may be sent for trial to the Crown Court along with other offences that may be tried there (for example assault). The vast majority of offences are also concluded in the Magistrates' Court (over 90% of cases).

      Either way offences are intermediate offences such as theft and, with the exception of low value criminal damage, may be tried either summarily (by magistrates) or by Judge and Jury in the Crown Court. If the magistrates consider that an either way offence is too serious for them to deal they may "decline jurisdiction" which means that the defendant will have to appear in the Crown Court. Conversely even if the magistrates accept jurisdiction, an adult defendant has a right to compel a jury trial. Defendants under 18 years of age do not have this right and will be tried in the Youth Court (similar to a Magistrates' Court) unless the case is homicide or else is particularly serious.

      A Magistrates' Court is made up in two ways. Either a group (known as a 'bench') of 'lay magistrates', who do not have to be, and are not normally, lawyers, will hear the case. A lay bench must consist of at least three magistrates. Alternatively a case may be heard by a district judge (formerly known as a stipendiary magistrate), who will be a qualified lawyer and will sit singly, but has the same powers as a lay bench. District judges usually sit in the more busy courts in cities or hear complex cases (extradition). Magistrates have limited sentencing powers.

      In the Crown Court, the case is tried by a Recorder (part time judge), Circuit Judge or a High Court judge, with a jury. The status of the judge depends on the seriousness and complexity of the case. The jury is involved only if the defendant pleads "not guilty".

      International Relationships

(Edited by Jan Sikuta «European Court of Human Rights» Cambridge Academ, 2007 г.)

      Relationship with the European Court of Justice

      Contrary to popular belief, there is no right to appeal at any stage in UK court proceedings to the European Court of Justice (ECJ). Any court in the UK may refer a particular point of law relating to European Union law to the ECJ for determination. However, once the ECJ has given its interpretation, the case is referred back to the court that referred it. This is symptomatic of the fact that although the European Union is increasingly federal, there is no federal court system, just laws that must be interpreted in the same way across all member states.

      The decision to refer a question to the ECJ can be made by the court of its own initiative, or at the request of any of the parties before it. Where a question of European law is in doubt and there is no appeal from the decision of a court, it is required to refer the question to the ECJ; otherwise any referral is entirely at the discretion of the court.

      Some first-instance cases, such as applications for annulment of an EU law or a claim for damages against an EU institution, can be brought before the EU-wide Court of First Instance and other EU tribunals, the decisions of which can be directly appealed to the ECJ on points of law only.

      Relationship with the European Court of Human Rights

      (ECtHR). Although it is frequent to hear media references to an "appeal" being taken "to Europe", what actually takes place is rather different.

      The ECtHR is an international court that hears complaints concerning breaches of the European Convention on Human Rights and Fundamental Freedoms. An unsatisfied litigant in England and Wales might complain to the ECtHR that English law has violated his rights. A decision in the ECtHR will not change English law, and it is up to the Government of the United Kingdom to decide what action to take after an adverse finding.

      Courts in England and Wales are not bound to follow a decision of the ECtHR, although they should "take into account" ECtHR jurisprudence when applying the Convention. The Convention has always had an influence on decisions of courts in England and Wales, but now the Convention has two further effects:

• a court, being a public body, must act in accordance with the Convention Rights found in the Human Rights Act 1998, which includes a requirement to construct statutes in accordance with the Convention; and
• direct claims may be made under the Human Rights Act 1998 against a public body for breach of Convention rights.

      Relationship with the International Criminal Court

      History

      For nearly 300 years, from the time of the Norman Conquest until 1362, French was the language of the courts, rather than English. The Supreme Court of judicature was formed in 1873 from the merging of various courts then existing, such as the:

• Court of Queen's Bench
• High Court of Chancery
• Court of Exchequer
• High Court of Admiralty
• Court of Common Pleas
• Court of Probate and Matrimonial Causes

Other historical courts include:

• Star Chamber
• Court of Pie powders (marketplace courts)
• Stannaries’ Court (Cornish mining court)
• Assize Court
• Judiciary of England and Wales
• Her Majesty's Courts Service

List of Courts in England and Wales:

• Legal year
• English law
• Contemporary Welsh Law
• Scots Law
• European Union Law
• Canon Law
• Courts of the Republic of Ireland

      Magistrates' Court

      (http://www.judiciary.gov.uk/keyfacts/list_judiciary/senior_judiciary_list.htm Official list of senior judges in the courts of England and Wales)

      A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions. A magistrates' court is presided over by a tribunal consisting of two or more (most commonly three) justices of the peace or by a district judge (formerly known as a stipendiary magistrate), and dispenses summary justice, under powers usually limited by statute. The tribunal that presides over the Court is often referred to simply as the Bench.

      Legal adviser

      (http://www.homeenglish.ru/topic_the_legal.htm)

      Magistrate judges or district judges are always assisted by a professional legal adviser or clerk to the justices, whose role it is to ensure that procedures are adhered to and that the Bench is properly directed as to the law and its powers, as well as to see that the Courts' business is dealt with efficiently. Unsurprisingly, the clerk's role is far more significant where lay magistrates are presiding because they are not legally trained and so require more advice on legal matters than a district judge. The clerk ought not to exert any influence upon the Bench - the advice which they provide must be neutral - but nevertheless the advice of the clerk carries considerable weight. To the end, the Practice Direction 2000 attempts to resolve issues concerning the influence of clerks of magistrates. It states that clerks should only advise on point of law and all advice should be given in open court.