The English Judicial System

A feature common to all the systems of law in the UK is that there is no complete code. The sources of law include legislation (e.g. some 3,000 Acts of Parliament) and unwritten or 'common law'. Major distinctions are between the criminal law (wrongs against the community as a whole) and the civil law (rights, duties and obligations of individuals between themselves).

The criminal courts in England and Wales include:

1 .Magistrates' Courts . About 98 per cent of all criminal cases are disposed of by the magistrates (2 to 7) known as Justices of the Peace. These courts try the less serious offences (they hear and determine charges against people accused of summary offences, that is not serious enough to go before higher courts). The second function of the Magistrates' Courts is to conduct a preliminary hearing. Thirdly, they hear cases involving children (Juvenile Courts).

The magistrates act as licencing authorities for public houses, restaurants, betting shops and other public places. There are about 27,250 lay magistrates, sitting in nearly 700 different courts.

2. Crown Courts. The Crown Court deals with trials of the more serious cases, the sentencing of offenders committed for sentence by magistrates' courts, and appeals from magistrates' courts. It sits in about 90 centres and is presided over by High Court judges, full-time 'circuit judges' and part-time recorders. All contested trials take place before a jury. The jury consists of 12 persons and try indictable, that is more serious criminal offences (10 out of 12 must agree on their verdict).

NB: The Old Bailey - the central criminal court for Greater London.

The civil courts include:

1 .County Courts (300, presided over by a paid judge).Their jurisdiction covers adoption cases, bankruptcy, divorce cases, actions concerning land, trusts and mortgages (involving less than 750). Cases outside this limit are heard before High Court Judges, sitting either in the Crown Courts or in the High Court itself.

2. The High Court of Justice is divided into the Chancery Division (mortgages, bankruptcies, partnership, estates), the Family Division and the Queen's Bench Division (Common Law actions, commercial disputes). It covers virtually all civil cases. The Family Division of the High Court now deals with all jurisdiction affecting the family: divorce, wardship, guardianship and probate (the ratification of wills).

Maritime law is the responsibility of a specially constituted court of the queen's Bench Division.

The Judicial Personnel

Judges: appointed by the Queen, on the advice of the Lord Chancellor; hold office for life; are selected among senior barristers, especially Q.C.s (Queen's Counsels); 200 approximately.

Barristers: lawyers who have passed the examination of the Bar Council ("called to the bar"); there are 2,000 approximately organised as a very powerful and closed corporation (Inns of Court). These are the Inner Temple, the Middle Temple, Lincoln's Inn and Gray's Inn. The four societies together form what is known as

"The Bar". The Bar as a whole is responsible for the education of would-be barristers. The successful candidate is rewarded by being called to the Bar. The duty of barristers is to further their clients' cases in courts and speak in law courts. As 'counsel for the prosecution' a barrister will try to prove the accused person's guilt. As 'counsel for the defence' he will defend the accused.

Solicitors: members of the Law Society, prepare all the judicial work (briefs, enquiries, witnesses) : 25,000 approximately. Their main function is to keep a client out of the courts by advising him, drafting his contracts, wills, leases and many other documents.

Justices of the Peace (JPs): unpaid and non-professional magistrates for inferior courts; assisted by professionals (clerks).

Police. There are about 60 police forces in Britain, each employed and paid by the local authorities. They get half their money from the local rates and half from the Treasury. The forces are completely independent of one another. Each force has its C.I.D. – Criminal Investigation Department. The London Police Force, called the Metropolitan Police, is not controlled by the local authority. It is responsible to the Home Secretary, and its chief officers are appointed by the Government. 'Scotland Yard', the C.I.D. of the Metropolitan Police, is so called because the headquarters of the Metropolitan Police are in New Scotland Yard, near Whitehall.

NB: If in trouble, or if you've witnessed a crime, go to the nearest telephone and dial 999. You'll be put through immediately to the Post Office, who will ask which service you want - Police, Fire Brigade or Ambulance.

Traffic Wardens. Traffic wardens were first introduced in I960. Now there are about 20,000 traffic wardens in England and Wales. They deal with minor traffic offences), like parking in the wrong place, or without lights; they report car owners who do not have a licence; they supervise school children crossing roads.

NB: The death penalty for murder was abolished in 1965.

THE QUESTION OF LAW

Jurisprudence is the philosophy of law, or the science which deals with positive law and legal relations. The study of jurisprudence asks questions such as: What is law? Where does it come from? Why do we have it? When do we first meet it? Where have you met it? In my opinion, no nation that does not have an informed populace in jurispru­dence can be strong and free.

Fundamentally, law may be called rules governing behavior be­tween people.

Purposes for law include: to regulate human relations; to determine ownership/control of property; to fix parameters of freedom in commu­nity and relationships by restraining anarchy (for without law there is only anarchy); to produce justice. But so long as we agree and live out our agreements, we do not need written law. But when we disagree, we must have a system designed to restore us to agreement or decide be­tween us so we do not fall into blood feuds. To have a system we must recognize need for a Rule of Law.

But who decides what is or is not justice? A legislature passing laws? Public opinion directing legislators? Judges? Juries? Money? Lawyers? Yes, but No - each individual will decide, inside him, when in conflict, whether he will accept the outcome as justice or not.

Law can be spoken of in many different ways: Political, Criminal, Civil, and Equitable, or Constitutional, Statutory and Procedural. Or case precedent {stare decisis) or local custom (tradition); or in a vertical manner - international, then national, then district, then city, etc.; or re­pressive, democratic, autonomous, common, etc. Yet all law will, at times, seem arbitrary and capricious. That is because people make the decisions, not the law - the law is not self-acting. Rule of Law asks the question: "Are these decisions of people made in a framework of law, or a framework of no law?"

The problem always was, and is: What is an adequate base for law? What is adequate so that a human desire for freedom can exist without anarchy and yet be gentle enough to provide a form that will not be­come arbitrary tyranny?

Jurisprudence has to do with administration, or weighing of justice, or right values. All pronouncements of right and wrong are moral con­cerns, at their base religious. In recent years we have witnessed numer­ous marches on Washington in which one group or another demanded new "rights"; not freedom from state control but entitlement to state action, protection, or subsidy. In creating rights a state inevitably en­larges its bureaucracy. As a state creates new rights, it necessarily di­minishes some rights for others. The modern secular view holds that individuals have just such rights as laws give them. Rights must have a reference point arid specific context or they are meaningless; reference point determines the nature of the right exercised, defines who pos­sesses it and sets limits to others who must respect it. When we fail to live at peace, we need compulsion – so the law ex­ists to compel. It does this by punishment.

Man's methods of law place two people in combat against each other, using advocates (lawyers) who, in the normal setting, keep the parties separate from one another. In this, we say that we search for the truth of the case.