Court organization in England and Wales

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Court organization in England and Wales

The organization of courts in England and Wales takes place under the law of England and Wales . The structure of the courts does not show the clear structure of continental legal systems; this can be explained by its centuries-old evolution.

In addition to this court system, there are separate systems, both in terms of court organization and overall law, in Scotland and Northern Ireland. There are only a few exceptions to this rule. For example, immigration law applies throughout the UK and the first-tier tribunal has jurisdiction nationwide (as does the previous court in the form of the Asylum and Immigration Tribunal ). The Employment Tribunals are also nationally competent in the field of labor law, with the exception of Northern Ireland.

The Court of Appeal , High Court , Crown Court , Magistrates' Courts, and County Courts are administered by the Her Majesty's Courts and Tribunals Service .

construction

United Kingdom Supreme Court

The Supreme Court of the United Kingdom ( Supreme Court of the United Kingdom ) is the highest court in the UK. It was created in 2005 by the Constitutional Reform Act 2005 and took over the functions of the House of Lords Appellate Committee . The court started work in 2009. It also took on the role of Privy Council as a body for disputes over jurisdiction between the three regional governments (Northern Ireland, Scotland and Wales) and the UK government.

High Court of Justice

The High Court of Justice can rule in civil cases in the first instance, in criminal cases also in second instance: It is divided into Queen's / King's Bench Division , Family Division and Chancery Division .

Court of Appeal

The Court of Appeal acts solely as a review body and is divided into the Criminal and Civil Divisions.

First instance courts

The lowest level is the Magistrates' Court (civil and criminal law) and the County Court . More severe, so-called indictable offenses , are negotiated in the first instance before the Crown Court ; the only court in the Crown Court that has survived the proceedings before a jury.

literature

  • SH Bailey, JPL Ching, NW Taylor: Smith, Bailey and Gunn on the modern English legal system . 5th edition. Sweet & Maxwell, London 2007, ISBN 978-0-421-90910-6 .