BRITISH JUDICIAL SYSTEM

The British judiciary is one of the most renowned judicial systems in the world. Britain
has an impartial, well organized and independent judiciary and the British judiciary. It
has been working as a guardian of the rights and liberties of the people. It has its
unique organizational pattern along with some exceptional features not to be found
anywhere in the world.

FEATURES OF BRITISH JUDICIARY

The impartial and quick delivery of justice provided by the British judiciary has made it
a model judicial system in the world. The salient features of the British judiciary can
be discussed under the following heads-

• No single form of organization:

One of the most important peculiarities of the British judiciary is the absence of
any single uniform organization of judiciary all throughout the country. While the
judicial systems of England and Wales are almost similar, the guiding
principles, procedure and organization of judiciary in England, Scotland and
Ireland differ from one another. Each of these three systems has its own
distinctive characteristics. Earlier, there used to be a good number of judicial
tribunals to decide the cases overlapping each other. It is only after the passage
of the Judicature Acts of 1875-76 (as amended in 1925) that a well organized
system came into being.

• Absence of administrative courts:

Unlike France, United Kingdom does not have separate administrative courts.
In France and some other continental countries there are two types of law i.e.
ordinary law and administrative law and accordingly there are two types of
courts- ordinary courts and administrative courts. The ordinary courts are for
general citizens and the administrative courts are meant for government
officials for certain acts committed by them under official capacity. But in the
United Kingdom, under the provision of the Rule of Law, all British citizens are
equal in the eyes of law and so there is no provision for separate court for the
 government officials or governmental matters. All cases are taken into account
by ordinary court.

• Two categories of lawyers:

There are two types of lawyers in Britain to deal with the case- the Barristers
and the Solicitors. A case is prepared by the Solicitors and is taken by the
Barristers to the court. The Barristers have the exclusive right to plead in the
higher courts. The Solicitors on the other hand have to interact with the client,
make case for them and also need to appear in the county and magistrates’
courts on behalf of the client.

• Absence of judicial review:

Supremacy of the Parliament does not allow any scope for judicial review for
the courts. Parliament is supreme and is beyond any judicial review. The courts
are not allowed to declare any law passed by the Parliament as ultra vires. The
courts cannot declare any law of the Parliament as unconstitutional even if it
breaks some provisions of the Magna Carta, Petition of Rights, or any earlier
Act of the Parliament. But they can review delegated legislation just to see that
these are according to the statutes of the Parliament.

• Bifurcation between civil and criminal cases:

In Britain civil and Criminal cases are heard separately in separate courts. A
criminal case is counted as a case between the crown and the accused, where
the latter is charged with crimes like theft, murder etc. i.e. all kinds of activities
that violate certain law of the land. A civil case is a dispute between two
persons, groups, or institutions over property, breach of contract and the like.

• Jury system:

The jury system is a special feature of the judicial system of Britain. The
accused has the right to demand for a bench of jurors to decide his or her case
in all British courts except the lowest and the highest court. Jurors are selected
from the local area itself but they must not be related with legal practice.
 Barristers, judges, doctors, clergymen, commissioned officers, peers cannot
act as jurors. The lawyers defending the accused can object to the name of not
more than seven jurors without assigning any reason. It is obligatory for the
jurors to attend the meeting whenever they are called for the same except on
some medical ground. The number of jurors in the jury bench of England and
Wales is 12, whereas for Scotland it is 15. In England the jurors have an
unanimous decision, whereas in the case of Scotland it must be a majority
decision. In the failure of the decision, the judges will form a new jury bench for
hearing the case. The concerned judges always listen to the views of the jury
bench in deciding the case. Jury system is a successful system and the jurors
have been playing their role in the adjudication process in a most fearless and
Impartial manner over the decades.

• Independence of judiciary:

In Britain, the judges are provided with statutory security. They are appointed
by the Crown from among the middle age group members of the bar. The King
appoints them with the consultation of the Lord Chancellor. Thus, the judge
need not appease any one. Besides, this security is guaranteed through the
provision that a county court is never promoted to High court and though
promotion from High court to the Court of Appeal is possible, but it does not
add much except a raise in income or dignity. Judges hold office during good
behaviour.

• Quality of justice:

Speedy trial of the cases have granted quality justice to the British citizens. It is
due to the following two reasons-

o The Judges in the United Kingdom have the discretion in dealing with
cases.
o Judicial rule procedures are made by the specialised rule committee
consisting of Lord Chancellor and ten persons eminently familiar with
legal procedure.
 The presence of highly qualified lawyers with discretionary power at hands
allows rapid movements of cases. Thus, there is no delay in providing justice
to the people in Britain.

• Rule of Law:

It implies that every British citizen is equal in the eyes of law. No one can be
punished except for some breach of law and that also must be proved in the
court. Under the Rule of Law the judiciary is the guardian of all rights and
liberties of the British citizen. Many rights like freedom of speech and
expression and freedom of worship are guaranteed by convention and usage
and enforced by the courts.

Let’s understand Rule of Law in detailed manner:--

Rule of Law is one of the most striking features of the British constitution that ensures
rights and liberties to its people. In the absence of any constitutionally recognized
rights, it secures enormous rights to its people. It is based on the common law of the
land and is the result of centuries of struggle of its people for the recognition of their
inherent rights. Rule of Law has been working as the guiding principles in the
functioning of judiciary through which justice is delivered to every section of the
society.

Rule of Law means the supremacy of law under which all are equal and are amenable
to the same law. It implies that no one can be punished unless and until his guilt has
been proved. Again, it also means that the government is subject to the Parliament
and through Parliament to the people.

DICEY’S INTERPRETATION:

A.V. Dicey has given a classical formulation of the concept of Rule of Law. He
interprets it in three ways which can be discussed under the following way-

• In its first meaning Dicey says “that no one is punishable or can be lawfully
made to suffer in body or goods except for a distinct breach of law established
in ordinary courts of the land…”. It implies that no one in the United Kingdom
can be punished arbitrarily. His or her guilt must be proved in the court. The
 accused must have the opportunity to have a lawyer of his/her own choice.
Judgment should be made in open court and the accused should have the right
to appeal in the next higher court. It guarantees security of life, liberty and
property.

• In its second meaning Dicey holds that “not only with us is no man above the
law, (but what is a different thing) here every man, whatever be his rank or
condition, is subject to the ordinary law of the realm and amenable to the
jurisdiction of the ordinary tribunals”. In simple words it means that irrespective
of their social and official status all citizens are equal before law and that every
one is amenable to the ordinary court for any violation of the law. That is why
there is no separate administrative court for the government officials in Britain.

• In its third meaning it means that “the general principles of the constitution
are…, the result of judicial decisions determining the rights of private persons
in particular cases brought before the Courts.” In Britain the rights of the people
do not flow from the constitution but from the judicial decisions from the courts.

The Hierarchy of UK Courts

The court system in England and Wales can be considered as consisting of 5 levels:

• Supreme Court (formerly the House of Lords) and the Judicial Committee of
the Privy Council
o Court of Appeal
▪ High Court
▪ Crown Court and County Courts
▪ Magistrates’ Courts and the Tribunals Service
There is a similar court system in Northern Ireland and a different court system in
Scotland.
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is the court of final appeal for
Commonwealth countries that have retained appeals to either Her Majesty in Council
or to the Judicial Committee. It is also the court of final appeal for the High Court of
Judiciary in Scotland for issues related to devolution. Some functions of the Judicial
Committee were taken over by the new Supreme Court in 2009.
Supreme Court (formerly the House of Lords)
In 2009 the Supreme Court replaced the House of Lords as the highest court in
England, Wales and Northern Ireland. As with the House of Lords, the Supreme Court
hears appeals from the Court of Appeal and the High Court (only in exceptional
circumstances). It also hears appeals from the Inner House of the Court of Session in
Scotland. Appeals are normally heard by 5 Justices (formerly Lords of Appeal in
Ordinary, or Law Lords), but there can be as many as 9.

Court of Appeal
The Court of Appeal consists of 2 divisions, the Criminal Division and the Civil
Decision. Decisions of the Court of Appeal may be appealed to the Supreme Court
(formerly the House of Lords).

Civil Division
The Civil Division of the Court of Appeal hears appeals concerning civil law and family
justice from the High Court, from Tribunals, and certain cases from the County Courts.

Criminal Division
The Criminal Division of the Court of Appeal hears appeals from the Crown Court.

High Court
The High Court consists of 3 divisions, the Chancery Division, the Family Division, and
the Queen’s Bench Division. Decisions of the High Court may be appealed to the Civil
Division of the Court of Appeal.

Chancery Division: Companies Court

The Companies Court of the Chancery Division deals with cases concerning
commercial fraud, business disputes, insolvency, company management, and
disqualification of directors.

Chancery Division: Divisional Court

The Divisional Court of the Chancery Division deals with cases concerning equity,
trusts, contentious probate, tax partnerships, bankruptcy and land.
Chancery Division: Patents Court
The Patents Court of the Chancery Division deals with cases concerning intellectual
property, copyright, patents and trademarks, including passing off.

Family Division: Divisional Court

The Divisional Court of the Family Division deals with all matrimonial matters, including
custody of children, parentage, adoption, family homes, domestic violence,
separation, annulment, divorce and medical treatment declarations, and with
uncontested probate matters.

Queen’s Bench Division: Administrative Court

The Administrative Court of the Queen’s Bench Division hears judicial reviews,
statutory appeals and application, application for habeas corpus, and applications
under the Drug Trafficking Act 1984 and the Criminal Justice Act 1988. It also oversees
the legality of decisions and actions of inferior courts and tribunals, local authorities,
Ministers of the Crown, and other public bodies and officials.
Queen’s Bench Division: Admiralty Court
The Admiralty Court of the Queen’s Bench Division deals with shipping and maritime
disputes, including collisions, salvage, carriage of cargo, limitation, and mortgage
disputes. The Court can arrest vessels and cargoes and sell them within the
jurisdiction of England and Wales.

Queen’s Bench Division: Commercial Court

The Commercial Court of the Queen’s Bench Division deals with cases arising from
national and international business disputes, including international trade, banking,
commodities, and arbitration disputes.

Queen’s Bench Division: Mercantile Court

The Mercantile Court of the Queen’s Bench Division deals with national and
international business disputes that involve claims of lesser value and complexity than
those heard by the Commercial Court.

Queen’s Bench Division: Technology and Construction Court

The Technology and Construction Court of the Queen’s Bench Division is a specialist
court that deals principally with technology and construction disputes that involve
issues or questions which are technically complex, and with cases where a trial by a
specialist TCC judge is desirable.

County Courts
The County Courts deal with all except the most complicated and the most simple civil
cases (including most matters under the value of £5000), such as claims for repayment
of debts, breach of contract involving goods or property, personal injury, family issues
(including adoption and divorce), housing issues (including recovery of mortgage and
rent arrears, and re-possession), and enforcement of previous County Court
judgments. Cases are heard by a judge, without a jury. Decisions of the County Courts
may be appealed to the appropriate Division of the High Court.

Crown Court
The Crown Court deals with indictable criminal cases that have been transferred from
the Magistrates’ Courts, including hearing of serious criminal cases (such as murder,
rape and robbery), cases sent for sentencing, and appeals. Cases are heard by a
judge and a jury. Decisions of the Crown Court may be appealed to the Criminal
Division of the Court of Appeal.

Magistrates’ Courts
The Magistrates’ Courts deal with summary criminal cases and committals to the
Crown Court, with simple civil cases including family proceedings courts and youth
courts, and with licensing of betting, gaming and liquor. Cases are normally heard by
either a panel of 3 magistrates or by a District Judge, without a jury. Criminal decisions
of the Magistrates’ Courts may be appealed to the Crown Court. Civil decisions may
be appealed to the County Courts.

Tribunals Service
The Tribunals Service makes decisions on matters including asylum, immigration,
criminal injuries compensation, social security, education, employment, child support,
pensions, tax and lands. Decisions of the Tribunals Service may be appealed to the
appropriate Division of the High Court.
KINDS OF LAWS IN PRACTICE IN UK

COMMON LAWS:- Common laws have originated from old customs and traditions
and thus they are older than parliamentary laws.

STATUTORY LAWS:- These are the laws which are passed by parliament with due
process. These are written and more authoritative.

LAW OF EQUITY:- Judges decide cases with equity and those principles which are
taken into consideration, while administering justice are called Law of Equity.