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The judicial branch of the British government is rather complicated in that England,Wales,Scotland and Northern Ireland all have their own legal systems,with considerable differences in law,organization and practice.However,a large amount of modern legislation does apply throughout the country.
The legal system of England and Wales consists of common law,equity law,parliamentary acts,and European Union legislation.Common law,also known as case law,is largely based on custom and on decisions made by judges in previous legal cases known as precedents.It serves as the basis of legal practice except when it is superseded by legislation.Equity law is emerged when people appealed directly to the monarch because common law resulted in outcomes that were harsh or unfair.The monarch delegated the handling of these cases to the Lord Chancellor and the Chancery Court,which over time developed a set of rules designed to ensure legal fairness;these rules form the basis of equity law.Parliamentary acts supersede common law and equity law,as does European Union law which derives from Britain’s membership in the EU.
The legal system of Northern Ireland is similar to that of England and Wales.Scotland has a distinct legal system based partly on Roman law,which is the foundation of the legal system for most European countries,and partly on common law.
As with other countries,British law consists of two parts,criminal and civil law.Civil law in this context refers to legal proceedings regarding non⁃criminal matters such as disputes over property.The British legal system includes separating criminal and civil courts at various levels to handle cases in each category.In England and Wales,there are three tiers of courts.At the grassroots level,the courts handling criminal cases are called Magistrates’Courts.The Magistrates,also known as Justices of the Peace,are often unpaid legal workers.Cases handled in these courts are typically not serious.About 90% of the criminal cases fall into this category.Magistrates’Courts sit in about 1,000 locations in England and Wales and so are easily within the reach of almost everyone.Above the Magistrates Courts are the Crown Courts which handle more serious criminal cases.There are 93 such courts in England and Wales.Apart from conducting trials,the Crown Courts also handle appeals from the Magistrates’Courts.A Crown Court is presided over by a judge sitting with a jury of citizens who are randomly picked from the local electoral register.Appeals from the Crown Court are made to the Criminal Division of the Court of Appeal.At the very top of the hierarchy is the United Kingdom Supreme Court established in 2009 and headed by a president and a deputy president.
In civil law,the institution at the grassroots level is the Tribunal.Tribunals are composed of lay people,but are chaired by a legally qualified person.Tribunals mainly function as arbitrators of disputes.More serious civil cases are tried at County Courts,and appeals from the County Courts go to the High Court.In civil cases,appeals from the High Court are heard in the Civil Division of the Court of Appeal.The House of Lords was the final court of appeal until 2009,after which the authority passed to the United Kingdom Supreme Court.
All judges are appointed by the Queen on the advice of the Prime Minister(which means in practice that the Prime Minister instructs the Queen who to appoint)and cannot be removed from office except in special circumstances such as cases of serious misconduct.The Home Secretary,a member of the Cabinet,oversees the criminal justice system in England and Wales.
Scotland kept its own legal system after it became a part of Great Britain in 1707.Its three tiers of criminal courts are the district courts,sheriff courts and the High Court of Justiciary.Civil cases are handled in sheriff courts and the Court of Session.The Secretary of State for Scotland recommends the appointment of all judges,except the most senior ones.The supreme head of the Scottish judiciary is the Lord President of the Court Session.
Lawyers in the United Kingdom are divided into two groups:solicitors and barristers.Solicitors are junior lawyers who help clients to prepare necessary documents in civil cases.If a case has to be presented in court,then a barrister must be hired.Barristers are often very influential people;many are Members of Parliament.
A number of important principles of the British legal are emulated in other parts of the world,especially in the United States.These include the right to trial by jury in criminal cases,the right to due process of law,freedom from unlawful imprisonment,and the presumption that a person is innocent until proven guilty.