There is a single system of law and courts in England and Wales, and a different one in Scotland.  There is no civil code and no criminal code: the laws as a whole consist partly of the statutes or acts of Parliament and partly of common law (i.e., past decisions of judges, built on a mass of precedents, previous court decisions).  By now, however, almost all actions for which a person may be punished are actions which are specifically forbidden by some statue or other.

The process of enforcing the law: for minor cases there are the magistrates' courts, which are sometimes called "courts of summary jurisdiction" or "petty session" or "police courts".  The magistrates are usually experienced ("stipendiary") barristers or justices of peace (i.e., ordinary citizens appointed by the Lord Chancellor).  This court has the power to impose fines and to send people to prison for up to six months.  Every town has a magistrates' court, which sits at least twice every week.  When a person is arrested he/she must be brought before the magistrates' court at the first opportunity, i.e., within 4 days, but most people charged with offenses are just summoned to attend at the court: the Habeas Corpus Act provides a guarantee against imprisonment without trial.  The more serious cases are handed over to the higher courts, where there are juries (usually 12 members).  Penalty is decided by the judge assisted by 2 or magistrates.
Criminal appeal: magistrates' courts -- Crown Court -- Court of Appeal (Criminal Division) -- House of Lords.
Non-criminal appeal: country courts -- Court of Appeal (Civil Division) -- House of Lords.
Appeal can be made on point of law or on point of fact.

The legal profession: (1) solicitors (the junior branch): can deal directly with the public.  There are approx. 41,000.  In order to become a solicitor, a person must spend some time working in an office of solicitors and pass the exams of the Law Society.  (2) barristers: the "senior branch" of the legal profession; there are some 5,000 of them.  They must be members of one of the Inns of Court: the Inner Temple, the Middle Temple, the Lincoln's Inn, and the Gray's Inn.  The Inns are ruled by the `benchers'.  The barristers must pass the Bar exam.

The usual route of career: solicitor -- barrister -- one of the 400 Queen's Counsel or one of the 100 Circuit Judges -- High Court judge -- one of the 13 judges in the Appeal Court -- one of the Law Lords -- Lord Chief Justice -- Lord Chancellor.

o HOME or BACK