what are the levels of the judicial system in Britain? ​

Law · Middle School · Tue Nov 03 2020

Answered on

The judicial system in the United Kingdom (of which Britain is a part) is made up of several levels, each dealing with different types of cases and matters. The structure can vary depending on which part of the UK we are talking about (England and Wales, Scotland, or Northern Ireland), but in general, the key levels include:

1. **Magistrates' Courts (or in Scotland, the Justice of the Peace Courts)**: These are the first level of the court system where minor criminal cases, some family law cases and other small claims are heard. These courts are presided over by a magistrate, or a panel of lay magistrates (also known as justices of the peace), who are trained volunteers, or occasionally, a District Judge, who is legally qualified.

2. **Crown Court**: This court handles serious criminal cases in England, Wales, and Northern Ireland, which have been referred from the Magistrates' Courts. It deals with indictable offences, including those which require a jury trial.

3. **High Court**: This court deals with the most serious civil cases and more significant criminal matters. It has three main divisions – the Queen's Bench Division, the Family Division, and the Chancery Division, each handling different types of cases.

4. **The Court of Appeal**: Split into two divisions (Civil and Criminal), this court hears appeals from the High Court and the Crown Court. It reviews cases to determine if the law was applied correctly and if the proceedings were fair.

5. **The Supreme Court**: This is the highest court in the UK and has the ultimate authority in interpreting and applying the law. It hears appeals on arguable points of law of the greatest public importance. It also acts as the final court of appeal for civil cases in the UK and for criminal cases in England, Wales, and Northern Ireland.

6. **Other Courts and Tribunals**: There are a number of other specialized tribunals and courts, such as Employment Tribunals, Family Courts, and others that deal with specific areas of law.

Scotland's judicial system is slightly different, with the Sheriff Court being a key part of its judiciary system. Scotland also has its own unique highest court for civil matters, the Court of Session. For criminal matters, the High Court of Justiciary is the supreme criminal court in Scotland.

Northern Ireland also has somewhat different structures, with its own Court of Appeal and High Court, while still recognizing the UK Supreme Court as the highest court of appeal.

Extra: The UK’s legal system is based on common law, which is law developed by judges through decisions of courts and similar tribunals. One of the central principles of the UK's judicial system is the doctrine of precedent or 'stare decisis', meaning that lower courts are bound to follow the legal principles set out by higher courts in previous cases. This system ensures consistency and predictability in the law.

The courts not only interpret and apply the law but also have a crucial role in developing it. For instance, in cases where there is no clear statutory provision, judges may create or modify existing common law rules. Their decisions then form the basis for new precedents to be followed in the future.

In the UK, it is essential to recognize that there is a separation of powers between the legislative, executive, and judicial branches of the government, which provides checks and balances within the system, ensuring no single branch has total authority. The judiciary operates independently from the legislative (Parliament) and the executive (the Government) to maintain a fair and impartial system of justice.

Related Questions