Courts of England and Wales and Talk:Taurów: Difference between pages

Add links
From Wikipedia, the free encyclopedia
(Difference between pages)
Content deleted Content added
VisualWikitext
Sz-iwbot (talk | contribs)
3,646 edits
 
OOODDD (talk | contribs)
135,503 edits
talk page tag, Replaced: {{WikiProject Poland|class=stub|importance=}} → {{WikiProject Poland|class=stub|importance=low}} using AWB
 
Line 1: Line 1:
{{WikiProject Poland|class=stub|importance=low}}
{{CourtsEnglandWales}}
[[Image:English court system.png|thumb|right|250px|Schematic of court system for England and Wales]]
'''Her Majesty's Courts of Justice of England and Wales''' are the [[Civil law (common law)|civil]] and [[Criminal law|criminal]] [[court]]s 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]].

The [[United Kingdom]] does not have a single unified judicial system—[[England and Wales]] have one system, [[Courts of Scotland|Scotland]] another, and [[Courts of Northern Ireland|Northern Ireland]] a third. There are exceptions to this rule; for example in [[immigration law]], the [[Asylum and Immigration Tribunal]]'s jurisdiction covers the whole of the United Kingdom, while in [[employment law]] there is a single system of [[Employment Tribunal]]s for England, Wales, and Scotland (but not Northern Ireland).

The Court of Appeal, the High Court, the Crown Court, the Magistrates' Courts, the County Courts are administered by [[Her Majesty's Courts Service]], an executive agency of the [[Ministry of Justice (United Kingdom)|Ministry of Justice]].

==Appellate Committee of the House of Lords==
{{Main|Judicial functions 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 with only the [[Law Lords]] hearing the appeals from the Court of Appeal and the High Court.<ref>[http://www.kevinboone.com/lawglos_CourtSystemOfEngland.html The K-Zone: Court system of England<!-- Bot generated title -->]</ref>
Its decisions are binding on all lower courts.<ref>[http://www.kevinboone.com/lawglos_CourtSystemOfEngland.html The K-Zone: Court system of England<!-- Bot generated title -->]</ref>

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 of the United Kingdom|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.
<!-- Image with inadequate rationale removed: [[Image:House of Lords.jpg|thumb|right|200px|The House of Lords]] -->

==Judicial Committee of the Privy Council==
{{Main|Judicial Committee of the Privy Council}}
The [[Her Majesty's Most Honourable Privy Council|Privy Council]] is the highest court of appeal for the UK in a handful of areas of law, notably [[devolution]] matters. In addition, it is the highest court of appeal for a dwindling number of [[Commonwealth of Nations|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<ref>Section 1(1), [[Supreme Court Act 1981]]; "The Supreme Court of England and Wales shall consist of the Court of Appeal, the High Court of Justice and the Crown Court, each having such jurisdiction as is conferred on it by or under this or any other Act."</ref>. It is the most important superior court of England and Wales. It consists of the following courts:

*[[Court of Appeal of England and Wales|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.
[[Image:middlesex.guildhall.london.arp.jpg|thumb|right|250px|The [[Middlesex Guildhall]] will house the [[Supreme Court of the United Kingdom]]]]

===Court of Appeal ===
{{main|Court of Appeal of England and Wales}}
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===<!-- This section is linked from [[Isidor Gunsberg]] -->
{{main|High Court of Justice}}
The High Court of Justice functions both as a civil [[trial court|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 ===
{{main|Crown Court}}
[[Image:CourtsOxford20060325 KaihsuTai.jpg|thumb|right|[[Crown Court]] and [[County Court]] in [[Oxford]].]]
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 1971|Courts Act]] of [[1971]]. It replaced the [[Assize Court|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' Court]]s.

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.

==Subordinate courts==

The most common subordinate courts in England and Wales are the

*[[Magistrates' Court]]s
*[[Family Proceedings Court]]s
*[[Youth court]]s
*[[County Court]]s

===Magistrates', Family Proceedings and Youth Courts===
Magistrates' Courts are presided over by a bench of lay magistrates (or justices of the peace), or a legally-trained district judge (formerly known as a stipendiary magistrate), sitting in each [[local justice area]]. There are no [[jury|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 either a District or 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 -- are exercised. 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===

{{main|Tribunals in England and Wales}}

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 specialist 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 specially constituted 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 specialist courts are:

* [[Employment Tribunal]]s (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 of England and Wales|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 committee]]s

===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 court]]s 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, as he formerly did.{{Fact|date=February 2007}} Appeals lie to the [[Arches Court]] (in Canterbury) and the [[Chancery Court]] (in York), and from them to the [[Court of Ecclesiastical Causes Reserved]] (CECR). From the CECR appeals lie to the [[Judicial Committee of the Privy Council]].

===Other courts===
*[[Court-martial]] (military)
*[[Admiralty court]] (maritime)
*[[Court of Chivalry]] (heraldry)
*[[Barmote Court]] (Derbyshire lead-mining court)
*[[Patents County Court]] (Intellectual property cases)
*[[Restrictive Practices Court]]

==Criminal cases==

There are two kinds of criminal trial: 'summary' and 'on indictment'. For an adult, summary trials take place in a magistrates' 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' Court]]s. 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 and either way. 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 with, 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 justice in England and Wales|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 (eg 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 of Justice of England and Wales|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".

==Appeals==

From the Magistrates' Court, an appeal can be taken to the Crown Court on matters of fact and law or, on matters of law alone, to the Divisional Court of Queen's Bench Division of the High Court, which is called an appeal "by way of case stated". The Magistrates' Court is also an inferior court and is therefore subject to [[judicial review]].

The Crown Court is more complicated. When it is hearing a trial on indictment (a jury trial) it is treated as a superior court, which means that its decisions may not be judicially reviewed and appeal only lies to the Criminal Division of the [[Court of Appeal of England and Wales|Court of Appeal]].

In other circumstances (for example when acting as an appeal court from a Magistrates' Court) the Crown Court is an inferior court, which means that it is subject to judicial review. When acting as an inferior court, appeals by way of case stated on matters of law may be made to the Divisional Court of Queen's Bench Division of the High Court.

Appeals from the High Court, in criminal matters, may only go to the House of Lords. Appeals from the Court of Appeal (Criminal Division) may also only be taken to the House of Lords.

Appeals to the House of Lords are unusual in that the court from which appeal is being made (either the High Court or the Court of Appeal) must certify that there is a question of general public importance. This additional control mechanism is not present with civil appeals and means that far fewer criminal appeals are heard by the House of Lords.

==Civil cases==

Under the [[Civil Procedure Rules 1998]], [[Civil law (common law)|civil]] claims under £5,000 are dealt with in the [[County Court]] under the 'Small Claims Track'. This is generally known to the lay public as the 'Small Claims Court' but does not exist as a separate court. Claims between £5,000 and £15,000 that are capable of being tried within one day are allocated to the 'Fast Track' and claims over £15,000 to the 'Multi Track'. These 'tracks' are labels for the use of the court system - the actual cases will be heard in the County Court or the High Court depending on their value.

For Personal Injury, Defamation cases and some Landlord and Tenant disputes the thresholds for each track have different values.

==International Relationships==
===Relationship with the European Court of Justice===
[[Image:Europäischer Gerichtshof.jpg|right|thumb|300px|The European Court of Justice, Luxemburg]]
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 law|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 (except under the doctrine of [[acte clair]]) 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===
[[Image:European Court of Human Rights.jpg|300px|thumb|right|European Court of Human Rights is situated in Strasbourg, France]]It is not possible to appeal the decision of any court in England and Wales to 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 (if any) 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 construe 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===

{{Expand-section|date=June 2008}}
It is not yet clear what this relationship will be.

==History==
For nearly 300 years, from the time of the [[Norman Conquest]] until [[1362]], [[French language|French]] was the language of the courts, rather than [[English language#French Domination|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 of Pleas|Exchequer]]
*High Court of [[Admiralty court|Admiralty]]
*[[Court of Common Pleas (England)|Court of Common Pleas]]
*Court of [[Probate]] and [[Divorce|Matrimonial Causes]]

Other historical courts inculde:
*[[Star Chamber]]
*[[Court of Piepowders]] (marketplace courts)
*[[Stannary Court]] (Cornish mining court)
*[[Assize Court]]


==References==
<references/>

==See also==
*[[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]]
*[[List of Supreme Court of Judicature cases]]

==External links==
*[http://www.hmcourts-service.gov.uk Her Majesty's Courts Service website]
*[http://www.judiciary.gov.uk/keyfacts/list_judiciary/senior_judiciary_list.htm Official list of senior judges in the courts of England and Wales]
*[http://europa.eu.int/comm/justice_home/judicialatlascivil/html/pdf/org_justice_eng_en.pdf Organisation of justice in England and Wales] (pdf)
{{English law types}}

[[Category:Court systems in England and Wales| ]]

[[zh:英格蘭和威爾斯的法院]]

Revision as of 07:16, 11 October 2008

WikiProject iconPoland Stub‑class Low‑importance
WikiProject iconThis article is within the scope of WikiProject Poland, a collaborative effort to improve the coverage of Poland on Wikipedia. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks.PolandWikipedia:WikiProject PolandTemplate:WikiProject PolandPoland articles
StubThis article has been rated as Stub-class on Wikipedia's content assessment scale.
LowThis article has been rated as Low-importance on the project's importance scale.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Courts_of_England_and_Wales&oldid=244527759"