The legal

The legal

system

system

In Great Britain

In Great Britain

Three distinct legal

Three distinct legal

systems

systems

Law of

the United Kingdom

English law

(applies in

England and Wales)

Northern Ireland law

(applies in

Northern Ireland)

Scots law

(applies in Scotland)

British court cases

British court cases

CIVIL LAW

CIVIL LAW

Private rights;

Private rights;

disputes between

disputes between

individuals or

individuals or

organizations

organizations

(claims for

(claims for

compensation, divorce,

compensation, divorce,

libel, business contracts

libel, business contracts

etc.)

etc.)

CRIMINAL LAW

CRIMINAL LAW

Crimes against

Crimes against

the state

the state

(murder, theft,

(murder, theft,

criminal fraud etc.)

criminal fraud etc.)

Sources of British law

Sources of British law



Common law

Common law

(

(

the system of laws that

the system of laws that

has developed from customs and the

has developed from customs and the

decisions of judges

decisions of judges

)

)



Statue law

Statue law

(

(

the whole group of

the whole group of

written laws established by a

written laws established by a

parliament

parliament

)

)



European Union Law

European Union Law

(from 1973; it

(from 1973; it

takes precedence over British

takes precedence over British

domestic law in certain areas)

domestic law in certain areas)

MAGISTRATES’ COURT

MAGISTRATES’ COURT



Summary cases

Summary cases



95% of all criminal

95% of all criminal

matters; limited civil

matters; limited civil

matters (family

matters (family

problems, divorce, road

problems, divorce, road

traffic violations etc.)

traffic violations etc.)



Limited powers of

Limited powers of

punishment

punishment



Two types of magistrates:

Two types of magistrates:



Justices of the Peace

Justices of the Peace



Stipendiary

Stipendiary

magistrates

magistrates

Justices of the Peace (JPs)

Justices of the Peace (JPs)



part-time judicial offcials chosen from

part-time judicial offcials chosen from

the general public

the general public



hear cases without a jury

hear cases without a jury



no salary

no salary



legal training

legal training



they decide the punishment

they decide the punishment



advised on points of law by their

advised on points of law by their

clerk

clerk

Stipendiary magistrates

Stipendiary magistrates



qualified lawyers and full-time officials

qualified lawyers and full-time officials



appointed by the Crown on the advice

appointed by the Crown on the advice

of the Lord Chancellor

of the Lord Chancellor



paid by the state

paid by the state



sit alone to hear and decide cases

sit alone to hear and decide cases



work mainly in large cities

work mainly in large cities



deal with more serious and difficult

deal with more serious and difficult

summary offences

summary offences

Crown courts

Crown courts



Administered by the

Administered by the

Lord Chancellor’s

Lord Chancellor’s

Department in London

Department in London



Situated in about 90

Situated in about 90

cities in England and

cities in England and

Wales

Wales



Criminal offences

Criminal offences



Jury of 12 citizens

Jury of 12 citizens





The Central Criminal Court in London

The Central Criminal Court in London

(the Old Bailey)

(the Old Bailey)

County courts

County courts



a local court of law

a local court of law



deal with private quarrels between

deal with private quarrels between

people rather than with serious crimes

people rather than with serious crimes



90% of civil cases

90% of civil cases



England and Wales are divided into

England and Wales are divided into

250 districts with a county court for

250 districts with a county court for

each district

each district



District judge sits alone when hearing

District judge sits alone when hearing

cases

cases

High Court

High Court



Main centre in London; branches

Main centre in London; branches

throughout England and Wales

throughout England and Wales

1. THE QUEEN’S BENCH DIVISION

1. THE QUEEN’S BENCH DIVISION

(contract, negligence cases)

(contract, negligence cases)

2. CHANCERY COURT DIVISION

2. CHANCERY COURT DIVISION

(commercial, financial, succession matters)

(commercial, financial, succession matters)

3. FAMILY DIVISION

3. FAMILY DIVISION

(domestic issues: marriage, divorce,

(domestic issues: marriage, divorce,

property, the custody of children)

property, the custody of children)

Court of appeal

Court of appeal



CRIMINAL DIVISION

CRIMINAL DIVISION



CIVIL DIVISION

CIVIL DIVISION



Permission granted by a lower court

Permission granted by a lower court



May quash the conviction, reduce

May quash the conviction, reduce

the sentence, give the heavier

the sentence, give the heavier

sentence or order a new trial

sentence or order a new trial

The House of Lords

The House of Lords



The highest court

The highest court



Permission either from the Court of

Permission either from the Court of

Appeal or the House of Lords

Appeal or the House of Lords



t

t

he Law Lords

he Law Lords



The Lord Chancellor

The Lord Chancellor

-

-

gives legal

gives legal

advice to the King or Queen, chooses

advice to the King or Queen, chooses

new judges, and decides whether or

new judges, and decides whether or

not a law needs to be changed

not a law needs to be changed

Civil procedure

Civil procedure



The plaintiff serves documents

The plaintiff serves documents

with details of a claim on the

with details of a claim on the

defendant

defendant



If the defendant defends the

If the defendant defends the

action, documents are prepared

action, documents are prepared

and circulated to all parties

and circulated to all parties



Trial and judgement

Trial and judgement

Civil procedure

Civil procedure



The court decides the

The court decides the

expenses of the action

expenses of the action



The loser usually pays both

The loser usually pays both

their own and the opponent’s

their own and the opponent’s

cost

cost

Criminal procedure

Criminal procedure

The state (usually)

The state (usually)

brings a person to a trial

brings a person to a trial





CPS

CPS

Criminal procedure

Criminal procedure

CROWN PROSECUTION SERVICE

CROWN PROSECUTION SERVICE

(CPS)

(CPS)



Independent of the police

Independent of the police



Financed by the state

Financed by the state



Head

Head





the Director of Public

the Director of Public

Prosecutions (DPP)

Prosecutions (DPP)





decides

decides

whether to proceed with difficult

whether to proceed with difficult

cases

cases

Criminal procedure

Criminal procedure



Arrests

Arrests





the police /

the police /

citizen’s arrest

citizen’s arrest



Charged person must be

Charged person must be

brought before a

brought before a

magistrates’ court

magistrates’ court

(in 24 hrs)

(in 24 hrs)

Criminal procedure

Criminal procedure

The magistrates

The magistrates

grant

grant

or

or

refuse

refuse

bail (freedom from custody)

bail (freedom from custody)



If bail is refused

If bail is refused

(60%)

(60%)





a person will be

a person will be

kept in custody

kept in custody

in a remand

in a remand

centre or in

centre or in

prison

prison



If bail is granted

If bail is granted





a person is set

a person is set

free until a later

free until a later

court

court

appearance

appearance

Criminal procedure

Criminal procedure



The accused enters the dock

The accused enters the dock



The charge is read

The charge is read



The accused pleads ‘guilty’

The accused pleads ‘guilty’

or ‘not guilty’

or ‘not guilty’



Trial and judgement

Trial and judgement

The judge

The judge

/

/

the magistrates

the magistrates



control influences in the battle between

control influences in the battle between

defence and prosecution

defence and prosecution



give directions on procedure and

give directions on procedure and

evidence

evidence



the magistrates

the magistrates

decide both the verdict

decide both the verdict

and sentence

and sentence



the judge

the judge

gives a summing-up and

gives a summing-up and

pronounces sentence (the verdict is

pronounces sentence (the verdict is

delivered by the jury)

delivered by the jury)

The jury

The jury



a group of 12 ordinary

a group of 12 ordinary

people

people

:

:



listen to the evidence

listen to the evidence



give their verdict

give their verdict



do not decide the punishment or

do not decide the punishment or

sentence

sentence

Legal aid

Legal aid

a system

a system

in which a government

in which a government

gives money to people

gives money to people

who need a lawyer

who need a lawyer

but cannot afford to pay for

but cannot afford to pay for

one

one

The legal profession

The legal profession

BARRISTERS

BARRISTERS



give specialized

give specialized

advice on legal

advice on legal

matters

matters



act as advocates

act as advocates

in the courts

in the courts



esp. in the

esp. in the

higher law courts

higher law courts

SOLICITORS

SOLICITORS



deal with

deal with

general legal

general legal

work (give legal

work (give legal

advice, prepare

advice, prepare

documents,

documents,

defend people)

defend people)



esp. in the lower

esp. in the lower

courts of law

courts of law