The Local Courts

This blog has frequently dealt with the Supreme Courts of both the UK and USA.

UK Supreme Court -  Keeping up with Britain's top court - plans for Supreme Court - Opening in 2009 -

US Supreme Court -  US Constitution Art III - Oral arguments - Elena Kagan interview - Louis Brandeis - Packing the Court

But these courts deal with only a tiny proportion of cases. All cases start - and almost all are completed - in the local courts.

In the UK the local courts are the Magistrates Courts and the County Courts. (most places have a Crown Court relatively close to them - but they are less local - and deal with the more serious cases. The High Court has branches in London (Royal Courts of Justice) and around the country (District Registeries - Bedford; Birkenhead; Birmingham; Bradford; Bristol; Canterbury; Chester; Colchester; Croydon; Dewsbury; Halifax; Leeds; Leicester; Lincoln; Liverpool; Manchester; Newcastle upon Tyne; Norwich; Nottingham; Scarborough; Sheffield; Southampton; Teesside (In Middlesbrough); Warrington

To find details about a particular court, or courts in an area - follow this link.

Magistrates Courts have both criminal and civil jurisdiction - but it is their criminal responsibilities which are most noted. All cases start there - and 95% of cases are dealt with there (excluding appeals and referral to the Crown Court for sentencing). Some offences - "summary offences" - The least serious, which includes Driving without insurance; and Common Assault - can only be dealt with in the Magistrates Court. There are an important set of offences - such as Theft and Assault causing actual bodily harm - which are "triable either way". They can be dealt with by the Magistrates or passed on to the Crown Court where a jury sits. The Magistrates decide - but take into account the wishes of the Prosecution - and of the Defendant (There's a useful wiki from Sheffield University about the "right" to a jury trial in England - available here)

The most serious cases involve "indictable offences" - such as Murder; Manslaughter and Rape - and must be heard in the Crown Court - but preliminary hearings are held in the Magistrates Court. The old "committal proceedings" have gone - but an "Early Administrative Hearing" is held dealing with issues of legal aid and bail. The case is then sent to the Crown Court.

On the civil side the main local court is the "County Court" - despite the name they have nothing to do with the counties in England. There are 216 of them. Where a claim is for £15,000 or less, the case must be started in the County Court (£50,000 for personal injury cases).

Keeping up with Britain's top Court

Since the demise of the House of Lords Judicial Committee - it really offended the principle of  'Separation of Powers' that the Highest Court was a committee of the Legislature - the Highest Court has been the newly created Supreme Court. Judgments are published, often within minutes of them being delivered.

If you are a law student, or otherwise have an interest in the continuing development of English Law - bookmark this link - http://www.supremecourt.gov.uk/news/judgments.html

The English Legal System

There are two ways of looking at the English Legal System - by Courts or by personnel.

The highest Court  is now the Supreme Court. It is the final court of appeal in the English Legal systems. Although the European Court of Justice (ECJ) makes rulings which s2(1) of the European Communities Act 1972 requires the British courts to apply - "All such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Treaties, and all such remedies and procedures from time to time provided for by or under the Treaties, as in accordance with the Treaties are without further enactment to be given legal effect or used in the United Kingdom shall be recognised and available in law, and be enforced, allowed and followed accordingly" - there is no appeal to the ECJ. Preliminary rulings can be requested under Art 234 of the Treaty, but this procedure can only be used while an English case is in progress.. Similarly the European Court of Human Rights is not an appeal court. The Human Rights Act 1998 s2(1) says that "A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any—.(a)judgment, decision, declaration or advisory opinion of the European Court of Human Rights...", and an individual can still bring a case against the British Government in the ECHR in Strasbourg.

The Courts can be classified into civil and criminal courts, although there are some overlapping jurisdictions. In general criminal cases will be heard in the Magistrates Courts and more serious cases in the Crown Court. Civil cases are generally heard in either the County or High Courts. The Court of Appeal is divided into a Criminal Division and a Civil Division. A diagram of the structure of the courts can be found here.

The Court's Service (HMCS) is responsible for managing the magistrates’ courts, the Crown Court, county courts, the High Court and Court of Appeal in England and Wales.

The hierarchy of the Courts is important for the application of the doctrine of precedent. The judgements of the Supreme Court (and its predecessor, the House of Lords) are binding on all courts below it. It can decide to break with its own precedents. The Court of Appeal is bound by the Supreme Court and its own precedents (save for the circumstances set out in Young v Bristol Aeroplane). Divisional courts of the High Court have adopted the rule laid down in Young's case although judges sitting at first instance are not bound to follow the decisions of other High Court judges although they tend to do so for the sake of certainty. Crown Courts can only create a binding precedent when a High Court judge is sitting. The decisions of County and Magistrates courts do not create binding precedent.

The correct way to an address a judge is set out here.

The Legal Profession is made up of Judges, Barristers and Solicitors. The judiciary includes professional judges as well as part time, lay magistrates. An excellent resource on the different types of judges and magistrates can be found here.

Individuals can be represented, or take advice from Solicitors or Barristers. The Law Society is the body which regulates Solicitors. It also oversees the training of solicitors - and designates which degrees are "qualifying law degrees". The Bar Council oversees Barristers.

Money Talks

While I was on my way home from Washington the Supreme Court came out with its decision in
CITIZENS UNITED v. FEDERAL ELECTION COMMISSION.
It is a very important decision - which will have a big impact on the conduct of elections, and politics generally in the United States. The Court, in a 5-4 decision overturned earlier precedents. There will be congressional hearings on the issues arising from the decision. As well as raising issues about the role that corporate money can play in elections - this decision should pose questions about the power of Supreme Court justices, and whether the Court is playing a role far beyond what the Constitution intended.

The judgement can be read here.

Comments on the decision can be accessed via the following links -


The Hill(1) and the Hill (2)
Politico
The Atlantic
Sudha Krishna

UK Supreme Court

This is the C-SPAN coverage of the recent opening of the UK's Supreme Court.

Supreme Court and Guns

WASHINGTON (Reuters) - The U.S. Supreme Court said on Wednesday it would decide whether the constitutional right of individuals to own guns takes precedence over state and local laws, reviving the legal battle over gun rights in America.
The nation's high court agreed to decide the reach of its landmark ruling last year that the Second Amendment of the U.S. Constitution guaranteed an individual right to own guns and use them for lawful purposes like self-defense in the home.

Gun rights cases have been among the most divisive social, political and legal issues to reach the Supreme Court.

Last year's ruling prohibited the federal government from imposing certain restrictions, but it left unclear whether the right also applied to state and local gun control laws.

The Supreme Court said in a brief order that it would decide that question in a dispute over a strict gun control law in Chicago.

It immediately became one of the most important issues to be decided during the court's new term that begins next week. Gun rights cases have been among the most divisive social, political and legal issues to reach the Supreme Court.

The justices are expected to hear arguments in the gun rights battle early next year, with a decision likely by late June.

Sonia Sotomayor

CRS have produced an analysis of the Supreme Court nominee's judgements on a number of issues. It is available at http://assets.opencrs.com/rpts/R40649_20090619.pdf

A video and biography of judge Sotomayor can be found at http://www.boston.com/news/nation/washington/articles/2009/05/27/sonia_sotomayor/

The Supreme Court

To most readers of Washminster the term "Supreme Court" will immediately bring to mind the magnificant white building opposite the Congress Building in Washington DC. Soon there will be a rival. This autumn the highest court in the English Legal System will cease to be the "Judicial Committee of the House of Lords" - and instead the new Supreme Court will meet across Parliament Square, in what used to be known as Middlesex Guildhall.

In a press release from the Ministry of Justice it was stated that

"The creation of a world class building for a world class institution will underscore the independence of the judiciary from Government, while emphasising the focus on justice, truth and democracy...

The renovation will restore the building to its original grandeur, as additions from the 1980's are being peeled back and removed to reveal original features, such as ornate ceilings. The historic integrity of this important building is being preserved while a modern functional and publicly accessible court space is created."

Middlesex Guildhall was built in the early years of the 20th Century in the art nouveau gothic style. It is decorated with mediæval-looking gargoyles. It incorporates in the rear a doorway dating from the seventeenth century, which was part a prison which used to stand on the site. It served originally as a County Council headquarters - but in recent years was a Crown Court.

In the House of Lords today Earl Ferrers will ask Her Majesty’s Government what is to be the postal address of the new Supreme Court. An easy enough question to answer - but of course the real interest will be in his supplementary.

How many judges?

Marcel Berlins wrote an interesting piece in yesterday's Guardian ('Writ Large' - http://www.guardian.co.uk/commentisfree/2008/nov/24/lawlords-uk-supreme-court-chagos) which will be of interest to Law students and those interested in comparative legal institutions.

He points out that the US Supreme Court delivers decisions which usually involve all nine justices - wheras in the UK panels consisting of five out of the 12 Law Lords are the norm. He points out that this can lead to a lottery, the result depending upon whether one or another Lord Lord is part of the panel hearing a specific case. The argument he advances in his piece is worth considering.

Comments about the appropriate size of the top court in a country would be welcomed on this blog.