Judicial System in England

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Q. 13: Briefly discuss the judicial system of England.(2001)(1999).
1- Introduction:
Justice in British is honest and impartial and is available to all people whether they are rich or poor. This is due to the independence of judiciary and the rule of law. Judiciary is the pride of British heritage and plays a positive role for protection of rights and liberty of individual.
2- Features Of British Judicial System:
Following are the salient features of British Judicial System.
I. Rule Of Law:
The Rule of law is outstanding feature British Judicial System. It means that none of the persons is upper or below the law and all persons are equal in the eyes of the law on all subjects.
II. Neutrality:
The Courts are neither in U.K. and never support any party, neither plaintiff nor defendant. The Courts complete the requirement of justice in neutral manners and perform their functions and powers according to provisions of law.
III. Independence Of Judiciary:
The Courts of U.K. are free from all the pressures and decides the cases on merits. The Act of Settlement of 1701 provides that the judges in England will hold office during good behavior.
IV. Jury System:
Jury System is another unique feature of British Judiciary. In all Serious criminal cases, the accused must be tried not by a judge alone but also by a jury which is a group of laymen who are appointed to assist the judges in administration of justice. In all civil cases involving an accusation against the moral character of either of the parties, that party may demand a verdict by a jury.
V. Speedy Justice:
Speedy Justice is another feature of U.K. Judicial System cases are disposed of quickly. This is due to two reasons.
(i) Judges possess greater discretion in dealing with legal technicalities, and
(ii) The judicial rules of procedure are made by a special rule committee, consisting of the Lord chancellor and ten other persons who are eminently familiar with law.
VI. Equality:
The Courts in U.K. represents the principles of equality. U.K Legal System is accusatorial and not inquisitorial. It is the duty of the prosecution to prove its case beyond reasonable doubts and on its own merits.
VII. Open Trial:
Open trial in also a characteristic of U.K. Judicial System. The trial must take place in open courts in the full lime light of press publicity.
VIII. Co-Ordination In Judicial System:
In U.K. the Courts are distributed into two kinds viz., criminal and Civil Courts and there is a Coordination in the judicial system. There are no separate administrative Courts in England.
IX. Guardian Of Civil Liberties:
The Judges have played an important part in safeguarding the liberties of Englishmen, as the fundamental rights have not been incorporated in the Constitution.
X. No Uniform Judicial Organization:
There s no uniform judicial organization throughout the united kingdom. There is one set of Courts in England and whiles and another set of Courts in Scotland. The set of Courts in Northern Ireland is also different.
XI. Dual System Of Bar:
There exists a dual system of Bar in the U.K. The lawyers are divided into two parts. The solicitor and the barristers, while the solicitor deal with the clients and prepare cases, it is the barrister, who argue them in the Courts.
XII. No Judicial Review:
On account of the sovereignty of Parliament, the institution of judicial review dose not exist in England. No Court of law can declare ultra a law passed by the British Parliament on account of its unconstitutionality.
3- Organization Of The Judiciary:
The Present judicial system of U.K. is based on the Acts passed during the period of 1873 and 1879 and it also a result of various reforms, one of which was adopted in 1969. The Court are divided into two types.
(i) Civil Courts
(ii) Criminal Courts
(I) Civil Courts:
The Cavil Courts deal with private law or disputes between one private citizen and another. The organization of Civil Courts is distributed as follows.
(i) County Courts:
The lowest Court of the Civil Courts is county Court. They were established in 1848 for the purpose of making justice more easily available in local areas. There are 337 County Courts. Under the Courts Act, 1971 each County Courts has one or more circuit judges, assigned it is by Lord chancellor.
(ii) High Court of Justice:
It is situated in London. This Court has jurisdiction on cases, not under the jurisdiction of County Courts. It is also an appellate Courts against the Decisions of County Courts. It is distributed into three division.
(a) Queen’ s Bench Division:
This bench his jurisdiction about the cases of general civil nature, income tax, insurance, trade and taxation also.
(b) Chancery Division:
It has jurisdiction on various kinds of cases such as minor person, administration of property of deceased persons, problem of bankrupt persons and mortgage of property etc.
(c) Probate, Divorce and Admiralty Division:
It has jurisdiction on various cases including the probate divorce and various cases regarding shipping affairs.
(iii) Court of Appeal:
This Court has jurisdiction of appeal against the decision of the High Court of justice. Some appeals are filed directly against the decisions of the County Courts. The presiding judge is called Master of the Role. It Consists of 14 Lords justice of appeal and of Lords chancellor and all three presidents of Bench division of the High Court of Justice.
(iv) House Of Lords:
House of Lords is highest Court of appeal in Civil matters. Its consists of ten Lords of appeal in ordinary.
(II) Criminal Courts:
A Criminal Court deals with breaches of public law. The organization of Criminal of ten Lords of appeal in ordinary.
(i) Justice of Peace and Stipendiary Magistrates:
The Honorary Judges are appointed on the various localities to decide the criminal cases of pity nature. These judges are called Justice of pace. The respectable and noble persons of the locality are appointed by Lords chancellor on the seat of Justice of Peace. In big cities to decide the cases of pity nature instead of justice of peace stipendiary magistrates are appointed.
(ii) The Quarter Session Courts:
This Court has jurisdiction on important cases and heinous offence but dose not try cases involving death sentence or highly complicated. It is also an Appellate Court against the decisions of Justice of peace and stipendiary magistrate. These Courts are conducted four times in a year.
(iii) The Court of Assizes:
These are the Local Courts to try the Criminal Cases and is branch of High Court. This Court is conducted in each country twice a year it has jurisdiction on the various heinous offences such as imprisonment or death.
(iv) The Criminal Court of Appeal:
The Criminal Court of Appeal has jurisdiction against the decisions of Sessions Court and the Court of Assizes regarding appeals. It normally consists of three judges who are usually Lords justices of appeal or judges of the High Court.
(v) House of Lords:
House of Lords is the highest Court of appeal in Criminal Cases Appeal gives permission to file the appeal in House of Lords or where there is any legal problems in lower Court’ s decision or it required statutory interpretation.
4- Conclusion.
To conclude, I can say, that the judiciary plays a vital role in U.K. for providing justice to the people. The importance of judiciary may be described in a way that Act of Parliament are not self-operative, they have to be applied by men and application involves interpretation by a Court. For centuries past, the judicial organization in Britain was a bewildering collection of Courts, but now the Courts are arranged into a hierarchical order of lower and higher criminal and Civil Courts.


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