GENERAL CHARACTERISTICS

• The UK does not have a common legal system - there is no “British legal system”

• In the UK there are three separate systems (jurisdictions):

• English legal system (England and Wales) - based on common law, statute law and EU law

• Scottish legal system (Scotland) - similar to the continental systems

• Northern Ireland legal system (Northern Ireland) - similar to the English system

ENGLISH LEGAL SYSTEM

Sources:

common law

statute law

EU law

Common law:

• law based on precedent - stare decisis (let the decision stand)

• historically based on Anglo-Saxon local customs

• decided and written down by judges in court cases - in practice by the House of Lords as the highest court of appeal

• there are no criminal or civil codes in Britain

Statute law:

• Acts of Parliament

• the courts in England cannot declare statutes to be unconstitutional

EU law (since 1973)

• takes precedence in certain areas

• must be applied by judges in case of conflict with common law and statute law

COURT SYSTEM IN ENGLAND AND WALES

LECTURE 4 ATTACHMENT 1: Court system in England and Wales

Magistrates' Courts

FUNCTIONS

• deal with summary (less serious) cases

• deal with about 96% of all criminal matters

• grant or refuse bails

• cases heard with no jury (officials decide a case and pronounce the punishment)

Punishments:

• fines up to £ 5,000 for each offence

• up to 6 months in prison on each offense (1 year max)

• magistrates' courts serve as licensing authorities for pubs, restaurants and other public places

• there are about 700 of magistrates' courts in England and Wales

Presided by:

• Justices of the Peace (JPs), i.e. lay magistrates (usually three on a case)

• District Judges, i.e. stipendary magistrates (one on a case) - in some metropolitan areas, e.g. London

Justices of the Peace (amateur)

• part-time judicial officials chosen from the general public - respectable people

• established in 1327 - reflecting the idea than one should be judged by other people than by professionals

• officially appointed by the Crown on the advice of the Lord Chancellor

• no salary (only expenses); no formal qualifications

• have some legal training - during court sessions advised by legally-trained clerks

• motivated by a desire to perform a public service or by prestige

• about 30,000 in England and Wales

District Judges (professional)

- qualified, full-time lawyers paid by the state

Crown Court

• deals with indictable (more serious) cases

• cases heard with a jury (12 citizens)

the jury makes the decision: guilty - not guilty

the judge passes the sentence

Central Criminal Court in London - Old Bailey

County Courts

• about 90% of all civil cases in England and Wales

• deal with monetary claims up to £ 50,000

High Court

• Family Division presided over by the Lord President

• Chancery Division headed by the Lord Chancellor

• Queen's Bench Division headed by the Lord Chief Justice

Court of Appeal

• Composition: Master of the Rolls and 35 Lords Justices of Appeal

• Civil Division presided by the Master of the Rolls

• Criminal Division presided by the Lord Chief Justice

Seat of the High Court and the Court of Appeal - the Strand, London

SCOTTISH LEGAL SYSTEM

Its independence guaranteed by the Act of Union of 1707.

Sources:

• Roman (continental) civil law

• statute law (Westminster Parliament Acts, Scottish Parliament Acts)

• common law (judge-made law and authoritative legal treatises)

• EU law (since 1973)

COURT SYSTEM IN SCOTLAND

LECTURE 4 ATTACHMENT 2: Court system in Scotland

District Courts

• equivalent to English magistrates' courts

• deal with summary cases

• presided by Justices of the Peace and District Judges in metropolitan areas

• may not impose a sentence of more than sixty days

Sheriffs' Courts

• presided by sheriffs:

• a single sheriff - summary cases

• a sheriff and a jury (15 citizens) - indictment cases

Court of Session

Composition: Lords and Ladies of Council and Session presided by Lord President

High Court of Justiciary

Composition: Lords Commissioners of Justiciary presided by Lord Justice-General

A jury in Scotland consists of 15 citizens (12 in England and Wales)

NORTHERN IRELAND LEGAL SYSTEM

Sources:

• common law

• statute law (Westminster Parliament Acts, Northern Ireland Assembly Acts)

• EU law (since 1973)

COURT SYSTEM IN NORTHERN IRELAND

LECTURE 4 ATTACHMENT 3: Court system in Northern Ireland

• generally - very similar to England and Wales

• fewer judges and courts

• there are no Master of the Rolls and Lord Chancellor in Northern Ireland

LEGAL PROFESSION IN ENGLAND, WALES AND NORTHERN IRELAND

Types of legal profession in Britain:

• solicitors

• solicitors-advocate

• barristers

Solicitors

• lower rank lawyers

• deal DIRECTLY with the client

• about 100,000 solicitors in England and Wales

• practice:

• private firms (partnerships),

• local and central government,

• legal centers,

• industry

All solicitors in England and Wales are associated in a legal organization called the Law Society

Solicitors deal with:

• all types of legal documentation

• conveyancing (buying and selling property)

• probate (wills and succession after death

• family matters

• criminal and civil litigation

• commercial cases

• tax and financial affairs

• representation of clients in lower courts

Becoming a solicitor:

• university degree (not necessarily in law)

• passing Law Society exams

• two-year apprenticeship (“articles of clerkship”) with an established solicitor

Solicitors-advocate

Solicitors-advocate can represent clients in higher courts in England and Wales and Scotland

Barristers

• higher rank lawyers

• deal INDIRECTLY with the client - the client must be introduced to a barrister by a solicitor

• perform two official functions:

1. give specialized advice on legal matters

2. act as advocates in the courts

• barristers have the right to appear before ANY COURT in England and Wales

• in court they must wear wigs and gowns

• about 10,000 in England and Wales

• practice: self-employed, practice from chambers

• governing body: the Bar Council and four Inns of Court in London:

Lincoln's Inn

the Inner Temple

the Middle Temple

Gray's Inn

a barrister's wig

Becoming a barrister:

• university degree (not necessarily in law)

• passing professional examinations

• membership in one of the Inns of Courts

• dining in the Inn for a number of terms

• “called to the Bar” - acceptance as a barrister

• one-year pupilage with an established barrister

Barristers can be:

• junior barristers

• senior barristers

• Queen's Counsels (QC)

The most senior barristers (of at least ten-years standing) become Queen Counsels, i.e. “take silk” - a legal elite (about 1 out of 10 barristers)

Judges

Appointment

All judges are appointed by the Crown - usually from senior barristers and QCs

• on the advice of the Prime Minister - to high positions

• on the advice of the Lord Chancellor - to low positions

Dismissal

Senior judges cannot be removed from office until retirement age of 75

Junior judges can be dismissed for good reasons until retirement age of 72.

English judges

From left High Court Judge, Circuit Judge, District Judge, Barrister or advocate, Court Clerk, Court Usher (bottom - possible alternative dress)

LEGAL PROFESSION IN SCOTLAND

Solicitors

• about 8,300 in Scotland

• governing body: Law Society of Scotland

Advocates (like barristers in England and Wales)

• about 400 in Scotland

• practice as individuals, NOT from chambers, independent from each other

• governing body: Faculty of Advocates

CHARACTERISTICS OF THE CRIMINAL PROCEDURE

• an individual is innocent until proven guilty (or plead guilty) and the prosecution must prove guilt beyond a reasonable doubt.

• the system is adversarial (conflict-based) not inquisitorial

• an individual charged with an offence must be brought before a magistrate's court within 24 hours

• criminal trials in magistrates' courts and crown courts are open to public (usually)

• “pending litigation” or “sub judice” rule: the British media can report court proceeding not comment on them

Verdicts

England, Wales, Northern Ireland: GUILTY, NOT GUILTY

Scotland: GUILTY, NOT GUILTY, NOT PROVEN

The jury

• an ancient feature of English common law (12^th century)

• the idea: decision made by fellow citizens

• juries are used in Britain in:

• all criminal trials for indictable offences

• civil cases (libel and fraud only)

Jurors

• British citizens are obliged to serve on a jury when summoned

• before a trial 12 jurors (aged 18-65) are chosen from a list of 30 names randomly selected from local electoral registers

• jurors listen to the evidence - isolated deliberation - give verdict on the facts

• if they cannot reach a decision the jury is discharged and a new one is sworn in

• the jury verdict is a majority verdict (since 1967) (unlike in the US where it must be unanimous) with two dissentients allowed (10:2)

• the jury DOES NOT decide the punishment or sentence - in civil cases it awards damages

LECTURE 4 ATTACHMENT 4: Courtroom - criminal trial in the British Isles

CRIME AND PUNISHMENT IN THE UK

Problems

• rise in the use of firearms

• gang violence

• 10% of all crimes committed by teenagers under 16

• binge-drinking in big cities

Sentences:

• discharges

• probation

• fines (for persons over 21)

• community sentences

• imprisonment (for persons over 21)

Death penalty by hanging for murder abolished in 1965

Life imprisonment for murder and rape

LAW ENFORCEMENT IN THE UK

• No one national police force (unlike in many other European countries

• 52 independent (“territorial”) police forces or police authorities in the United Kingdom under supervision of Home Secretary

• 43 in England, e.g.

• Metropolitan Police

• City of London Police

• Greater Manchester Police

• Thames Valley Police

• Merseyside Police

8 in Scotland

4 in Wales

1 in Northern Ireland - the Police Service of Northern Ireland (unified force)

• Each police force is headed by a Chief Constable (except for the Metropolitan Police and City of London Police headed by the Commissioners)

• Police Constable is the lowest police rank

Each police force consists of:

Uniformed Branch

Criminal Investigation Department (CID)

Special Branch

Road Policing Unit (RPU)

Special Constabulary (or Reserve in Northern Ireland)

Around 165,000 police officers in the country - (one per 360 people)

The police cannot join unions or strike

Traditions:

• not carrying guns

• custodian helmets

London Metropolitan Police (the Met) (est. 1829 by Sir Robert Peel) - “bobbies”

The oldest and the largest police force in the country - a model for other police forces

Headquarters: New Scotland Yard and Empress State Building

Responsible for the Greater London Area

QUESTIONS

1. How many legal systems are there in the United Kingdom? What are they?

2. What are the sources of eh English legal system?

3. Name three types of courts in the English and Scottish legal systems.

4. Who are the Justices of the Peace?

5. Explain the differences between a magistrates' court and the Crown Court

6. Name four powers of English solicitors.

7. Characterize the profession of barrister in England.

8. Describe the structure of a police force in the UK

Dr Tomasz Skirecki

Wiedza o krajach angielskiego obszaru językowego: WIELKA BRYTANIA

LECTURE 4: Legal systems in the United Kingdom

16

---