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The cases which the court can try depend on how it is manned. Professional judges of the Crown Court may be either judges of the High Court or circuit judges or recorders.

The Courts Act 1971 divided England and Wales into six regions, each region being staffed by High Court judges, circuit judges (formerly County Court judges) and recorders. A circuit judge must have a ten-year Crown Court or County Court qualification; or have been a recorder; or have held certain specified offices (e.g. President of employment tribunals) for three years. In addition to their Crown Court duties, circuit judges can preside in County Courts.

Recorders are part-time judges of the Crown Court and must also hold a ten-year right of audience in the Crown Court or in the County Court. They are appointed for a fixed term (subject to extension) and may exercise the same jurisdiction as circuit judges. A recorder is required to serve as a judge for a minimum of 20 days in the year. A solicitor may be appointed a circuit judge after three years' service as a recorder.

In criminal cases the judge always sits with a jury.

The Courts Act 1971 provides that High Court judges shall try the most serious cases, the circuit judges or recorders the least serious, intermediate offences normally being referred to a centre visited by a High Court judge. Pressure of business on particular courts also influences the allocation of cases, and intermediate offences may be tried by a circuit judge, if so directed.

The Crown Court also hears appeals from the Magistrates' Courts exercising summary jurisdiction. Appeals may be against sentence or conviction, where the accused pleaded not guilty; or against sentence, where the accused pleaded guilty.

When the Crown Court is sitting to hear an appeal (or a committal for sentence) from the magistrates, the court shall consist of a High Court judge or circuit judge (or recorder) sitting with no fewer than two and no more than four justices. In addition, any jurisdiction of the Crown Court may be exercised by a court consisting of a professional judge and no more than four justices.

The court may confirm, reverse or vary the decision. It may increase or reduce the punishment within the limits allowed by the Magistrates' Court.

County Courts

County Courts deal exclusively with civil work, mainly small debts and other minor claims. They were established in 1846, when there was an urgent need for the creation of a small claims court.

There are two limitations on the court's jurisdiction. The first is in jurisdiction itself, since matters with which it can deal are limited to those expressly mentioned in statute. The second limitation is geographical. The general common law and equity jurisdiction of the County Courts is now contained in the County Courts Act 1984, as modified by the Courts and Legal Services Act 1990. The latter statute has introduced substantial changes in jurisdiction and in procedure. Jurisdiction is also conferred upon the court by other sources, such as the Rent Act 1977.

Original Jurisdiction

Under the County Courts Act 1984 (as amended), a County Court has jurisdiction in the following matters:

(a)Actions in contract and tort. Until 1991 such jurisdiction was limited to actions where the claim did not exceed £5,000. However, this limit has been removed by the High Court and County Court Jurisdiction Order 1991, issued under the 1990 Act, as amended by the Civil Procedure Act 1997.

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Under the Civil Procedure Act 1997 and the accompanying Civil Procedure Rules 1998, defended claims are now allocated to one of three tracks.

Small Claims Track – for the majority of actions under £5,000, except personal Injuries over £1,000; disrepair over £1,000, landlord harassment and unlawful eviction; dishonesty allegations;

Fast Track – for the majority of cases between £5,000 and £15,000, estimated to last no longer than a day;

Multi-Track – for the allocation of cases where the value of the claim is over £15,000, and estimated to last over a day; in personal injuries, for claims up to £50,000.

(b)Actions for the recovery of land, or in which the title to a hereditament comes into question, limited to a value of £30,000.

(c)Equity matters, where the amount involved does not exceed £30,000. These matters include proceedings relating to trusts, the administration of assets of deceased persons, mortgages and liens, and the dissolution of partnerships.

(d)Bankruptcy cases: the County Court has unlimited jurisdiction in cases proceeding in County Courts outside London.

(e)Company winding up, where the registered office of the company is situated within the County Court district, and where the paid-up capital of the company does not exceed £120,000.

(f)Contentious probate matters, in which the County Court can deal with the validity of a will where a Registrar of the Principal Registry of the Family Division of the High Court is satisfied that the value of the deceased's estate is less than £30,000.

(g)Some courts have jurisdiction to hear cases brought by the Equality and Human Rights Commission (formerly the Commission for Racial Equality), alleging discrimination under the Race Relations Act 1976.

No Jurisdiction

Except by consent of the parties or unless an action is transferred to the County Court by the High Court master, the County Court enjoys no jurisdiction to try the common law actions of defamation, false imprisonment, malicious prosecution or any action involving title to any corporeal or incorporeal hereditament, or the right to any toll, fair, market or franchise.

Exclusive Jurisdiction

In some matters the jurisdiction is exclusive to the County Court and proceedings cannot be commenced in the High Court. These include certain proceedings under the Landlord and Tenant Acts, and regulated consumer credit agreements or hire agreements, where the fixed sum credit does not exceed £15,000 (Consumer Credit Act 1974).

Matrimonial and Family Proceedings

Where a County Court is designated by the Lord Chancellor as a "Divorce County Court" it has jurisdiction, under the Matrimonial and Family Proceedings Act 1984 and the

Children Act 1989, to hear and determine any matrimonial cause (i.e. divorce, nullity or judicial separation), although it may only try the cause if it is also designated as a "court of trial". It may also make orders in relation to the financial provision and custody of children associated with such proceedings.

Every matrimonial cause (defended or undefended) must be commenced in a Divorce County Court and is to be heard there unless transferred to the High Court.

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Divorce County Courts also have jurisdiction, along with the Magistrates' Courts and the High Court, to deal with adoption and guardianship matters.

Transfer of Proceedings between the County Court and the High Court

Under the provisions of the Courts and Legal Services Act 1990 (as amended), it has become much easier (and less costly) for proceedings to be transferred from the County Court to the High Court and vice versa.

Apart from transfers arising from specific legislative provisions, either court may make an order to transfer the proceedings to the other on its own motion or on the application of any party to the proceedings. Proceedings shall be transferred only after taking into account the convenience of the parties and of any other person likely to be affected, and the state of business in the court concerned.

You should note that it may still be advantageous for claimants to commence certain types of action (e.g. debt collecting actions) in the High Court, since early procedures there are generally faster and the enforcement methods more effective. Consequently, a moderate claim of £5,000, where there is no real defence, could be started in the High Court in order to obtain an early decision.

Composition

England and Wales are divided into County Court districts. In all there are some 400 districts.

Circuit judges sit in the County Court as well as the Crown Court. The Courts Act 1971 makes provision for every judge of the Court of Appeal or of the High Court or a recorder, by virtue of his/her office, to be eligible to sit as a judge for any County Court district.

For the hearing the judge sits alone. There is provision for a jury of eight to be called (e.g. where fraud or defamation is being tried), but in practice this right is seldom used.

The County Court judge is assisted by a district judge. District judges (and assistant district judges and deputy district judges) must hold a seven-year general qualification.

The district judge is responsible for the day-to-day administration of the court and also exercises a judicial function. The latter includes interim matters (matters in the course of a legal action) and he can dispose of any action within the jurisdiction of the court. With leave of the County Court judge and the consent of the parties, or where the claim is admitted, he can try any other matter.

The district judge may now grant interim injunctions, where he has jurisdiction to hear and determine the case. He may grant final injunctions where he has trial jurisdiction. He also has power to deal with contempt of court and to assess damages.

Appeal from the district judge lies to the County Court judge.

Remedies

The County Court now has power to grant remedies without the requirement of an accompanying monetary claim.

The court has the same jurisdiction as the High Court to grant injunctions or declaratory judgments regarding the rights of parties over land or the possession, occupation, use or enjoyment of land, where the capital value of the land or that interest in land is below £30,000.

Appeals

The County Court has little appellate jurisdiction. As we have already seen, this is limited to an appeal from the district judge.

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Cases in the Magistrates' Courts are heard by Justices of the Peace (JPs) – see below. A special panel of justices from each division of every county, or from each borough with its own Bench, must be appointed to conduct youth courts, where special procedures are followed in trying young offenders. At least one member of such a panel must be a woman.

In addition to their criminal jurisdiction, the Magistrates' Courts are engaged for much of their time in civil matters. For example, they have power to make separation orders (but not to grant divorces) and maintenance orders, and also to make affiliation orders where the parentage of a child is disputed. In addition, they deal with Gaming Licences, the enforcement of payment of council tax, and various other matters.

The Criminal Defence Service now operates a Duty Solicitor Scheme in all Magistrates' Courts to provide a solicitor to advise defendants who have no solicitor of their own.

Justices of the Peace

Justices of the Peace, who are normally unpaid, are appointed by the Lord Chancellor on behalf of and in the name of the Queen (Justice of the Peace Act 1997). The Lord Chancellor is advised by a local advisory committee. They may be dismissed or called upon to resign by the Lord Chancellor. In many large towns, the more important cases are dealt with by a salaried professional, known as a District Judge (Magistrates' Court) who is a qualified lawyer, with a seven-year general advocacy qualification, appointed by the Lord Chancellor. Two or more – but not more than seven – ordinary justices are required to form a Magistrates' Court. As we have already noted, the justices also have a role in the proceedings of the Crown Court. Each bench of lay magistrates has a salaried clerk, usually a full-time employee, who assists the magistrates on questions of law and procedure.

Other Courts

Judicial Committee of the Privy Council

In the Middle Ages, the Privy Council had extensive judicial powers. These powers were usually exercised through Committees of the Privy Council, such as the Star Chamber and the Court of High Commission. Most of the judicial powers of the Privy Council were destroyed by the Long Parliament in the 17th century, but the Council remained the Supreme Court of Appeal from the law courts of overseas possessions. With the growth of the Empire in the 18th and 19th centuries, these powers became important.

In 1933, the judicial work of the Privy Council was transferred to a special Committee, consisting of the Lord Chancellor and members of the Council who had held high judicial office. At the same time, the Committee was empowered to hear appeals from ecclesiastical courts, i.e. Church of England courts which deal with matters of church discipline. To hear such appeals, the Archbishops also sit as assessors.

The Committee also hears appeals from prize courts (captured shipping) and from certain domestic tribunals in England and Wales, such as decisions of the General Medical Council, where doctors have been disciplined by the tribunal. Latterly, the court has been authorised to deal with legal disputes arising from devolved legal powers. This latter jurisdiction is derived from statute.

The composition of the Judicial Committee of the Privy Council is similar to that of the House of Lords when sitting in a judicial capacity, except that it also has as members a number of serving judges from Great Britain and various parts of the Commonwealth. There are, however, great differences in procedure. The decisions of the House of Lords take a semilegislative form and may be made by a majority; the Lords are bound to a large extent by their own decisions. The decisions of the Judicial Committee of the Privy Council take the form of advice to the Crown, which then gives its decision by Order in Council. The Judicial Committee of the Privy Council is not bound by its own decisions; its decisions have only persuasive authority in English law.

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The importance of the work of the Committee is great. Within the British Commonwealth many varieties of law are found – Anglo-Welsh law, French law, Dutch law, Hindu law, etc. The fact that the growth and development of such law is guided into a similar direction is of great importance in strengthening the bond between the various members of the Commonwealth. In recent years, however, the Committee's sphere of influence in this field has declined, as more of the Commonwealth countries have abolished the final right of appeal to the Judicial Committee of the Privy Council.

Coroners' Courts

Coroners' courts are of great antiquity but they are confined, in modern practice, to holding inquests into the possible ownership of treasure trove and to holding inquests into cases of suspicious death.

Under the Coroners' Act 1988, their chief function is to inquire into deaths from other than natural causes and for which doctors will not give a certificate. They are also called to sit upon cases arising from deaths in institutions. The procedure is that of inquest or inquiry, not that of trial, but the coroner's jury in a case of violent death may find that the evidence points towards a certain person who may then be arrested to be tried by due process of the law. The jury will consist of seven to 11 persons and the coroner may accept the verdict of the majority provided that there are not more than two dissenting jurors.

Under the Criminal Law Act 1977, a coroner is no longer required to summon a jury if it appears to him/her that the death was caused by murder, manslaughter or infanticide, or by a motor accident; but he/she may still summon a jury if there appears to be any reason for so doing. The jury need not view the body, unless the coroner so directs or a majority of the jury so require.

In cases of murder, manslaughter or infanticide, it is not for the coroner's jury to bring in a verdict naming a guilty party. Since the Criminal Law Act 1977, this is the task of the police and the Magistrates' Court.

Coroners are barristers, solicitors or medical practitioners, sometimes both medical and legal individuals. They are appointed by county or borough councils to part-time posts, and may be dismissed for inability and/or misbehaviour.

Their other function is jurisdiction in treasure trove – valuables, usually money, hidden somewhere and "found" by someone who does not claim to be the original owner. Treasure trove becomes the property of the Crown which, however, usually restores it to the finder, and it is defined in the Treasure Act 1996.

The Restrictive Practices Court

This court was set up by the Restrictive Trade Practices Act 1956 which we shall consider in the study units on the Law of Contract. The main function of the court is to investigate restrictive trading agreements to see if they are against the public interest. Its jurisdiction also includes resale price maintenance agreements under the Resale Prices Act 1964. The court may declare void those restrictive agreements which it considers to be against the public interest, and it is empowered to enforce its decisions by injunction. It comprises three High Court judges, one judge of the Court of Session of Scotland, and one judge of the Supreme Court of Northern Ireland. The court is assisted by up to ten expert laymen, appointed by the Crown on the recommendation of the Lord Chancellor.

Ecclesiastical Courts

These courts exercise, at the present time, control over clergymen of the Church of England. In each diocese there is a consistory court, the judge of which is a barrister appointed by the Bishop, and known as the Chancellor. Appeal lies from the consistory court to, depending on the diocese, the Arches Court of Canterbury or the Chancery Court of York, and from either court a further appeal is possible to the Judicial Committee of the Privy Council.

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B. ADMINISTRATIVE JUSTICE

The latter part of the 20th century, has seen a great increase in what is termed "administrative justice", i.e. the settlement of matters affecting the rights of individuals by some body other than the normal courts – usually a special tribunal or a Minister of the Crown.

Types of Tribunal

There are three types of semi-judicial body:

(a)Professional Councils

Most professional bodies have a council which possesses power to investigate complaints against members and punish them for misconduct in their professional capacity. The most severe punishment is expulsion from the profession.

A good example is the Law Society, which has power to deal in this way with erring solicitors.

(b)Departmental Courts and Tribunals

There are many courts or tribunals which have power to investigate certain specified matters and even, in some cases, to punish offenders. The following are some examples:

Rent Tribunals

This body hears and settles cases of dispute between landlords and tenants.

Social Security Tribunals

This body, set up under the Social Security Administration Act 1992, hears and settles disputes about entitlement to benefits under social security legislation.

Income Tax Commissioners

The local Income Tax Commissioners hear appeals by taxpayers against their assessments; they have power to award penalties (fines) against a taxpayer who has evaded tax.

Employment Tribunals

Employment tribunals (previously called industrial tribunals) were first set up in 1964, and they now deal mainly with disputes arising out of unfair contracts of employment, redundancy, equal pay and sex discrimination.

A tribunal is made up of a legally qualified chairman, and two lay members, drawn from a panel of people with experience in industry, business, industrial relations, and so on. Wherever possible, the lay members sitting on any case will be representative of both employers and employees.

Employment Appeal Tribunal

This court was formed by the Employment Protection Act 1975, to hear appeals from decisions of employment tribunals on a wide range of matters, such as redundancy, equal pay, unfair dismissal, sex discrimination, and other questions relating to employment legislation. The composition of the court for a hearing is one High Court judge, sitting with two or four laymen who have specialised knowledge or experience of industrial relations. The lay members are so appointed as to ensure equal representation to employers and employees. Appeals on points of law go direct to the Court of Appeal. The tribunal may sit in

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purchase, for example. The local authority has taken action and made an order or refused permission; the persons concerned object, and the Minister hears their objections and the case of the local authority at a public inquiry held on the spot by one of his/her inspectors. The decision on whether to confirm the order or decision rests with the Minister.

In many instances, however, the inquiry may have arisen as a result of action which the Minister him-/herself took, e.g. instructing local authorities to refuse permission for some development, etc. Thus the Minister is interested in the decision because of the policy that he/she wishes carried out, either generally or in this particular case. In theory, this is not the ideal frame of mind for acting impartially; in practice, it does not seem to have worked as badly as might have been expected.

Appeals

The right of appeal depends upon the particular wording of the statutes which set up the tribunals. Some give no right of appeal, e.g. the Secretary of State for Social Security has the final decision on the status of insured persons. In other cases, there is a right of appeal on a point of law, usually to the High Court.

In addition, the Queen's Bench Division of the High Court has power to make certain orders where one of these quasi-judicial bodies is acting improperly or beyond its powers, e.g. by dealing with matters outside its jurisdiction. These orders are those of prohibition, now renamed Prohibitive Orders (which order the court not to deal with the case), and certiorari, now renamed Quashing Orders (which order a decision of the tribunal to be brought before the High Court for amendment).

These orders are only given if an aggrieved person makes application to the High Court, and apply only to "judicial" acts of the tribunals, not administrative decisions, such as many of the ministerial decisions.

The Tribunals and Inquiries Acts 1958 and 1971 now provide for such appeals in every case, even if the existing statute restricts or forbids such an appeal. Furthermore, the reasons for the decision of a Minister or a tribunal must be given if requested. Following the recommendations of the Leggatt Report, the structure and ethos of tribunals have now been greatly enhanced, and new provisions come into effect in 2008.

The Parliamentary Commissioner for Administration

The office of Parliamentary Commissioner, or Ombudsman, was established by the Parliamentary Commissioner Act 1967, to investigate and report on complaints of injustice suffered by reason of maladministration, i.e. a government department's failure to observe proper standards of administration, not amounting to actual illegality.

The Parliamentary Commissioner is appointed by the Crown, and has the same security of tenure as a judge of the Supreme Court. Complaints are made by citizens through a Member of Parliament. In most of the cases investigated as being within the Commissioner's terms of reference, the administration has, in fact, been exonerated. Commissioners have also been appointed to undertake investigations in relation to local government and the National Health Service.

Most recently, under the provisions of the Courts and Legal Services Act 1990, a Legal Services Ombudsman and a Conveyancing Ombudsman Scheme were established, followed by a Banking Ombudsman, an Insurance Ombudsman, a Building Societies Ombudsman and a Pensions Ombudsman.

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C. PUBLIC INTERNATIONAL LAW

Protection of Human Rights

Since January 1966, Great Britain has recognised the competence of the European Commission of Human Rights to receive petitions within the terms of the Convention for the Protection of Human Rights and Fundamental Freedoms, and has declared recognition of the compulsory jurisdiction of the European Court of Human Rights on all matters concerning the interpretation and application of the Convention.

The European Commission of Human Rights and the European Court are both organs of the Council of Europe, which was set up in 1949 to further co-ordination between the countries of Western Europe. The Council's third, or "legislative", organ is the Consultative Assembly. Great Britain's acceptance of the right to petition the Commission and of the Court's compulsory jurisdiction means that a person, whether a national or an alien, who suffers in Great Britain a violation of fundamental human rights, whether by a legislative, executive or judicial act, may seek redress through the Council of Europe. The rights are the following:

Security of person

Exemption from all slavery and servitude

Freedom from all arbitrary arrest, detention, exile and other similar measures

Freedom from all arbitrary interference in private and family life, home and correspondence

Freedom of thought, conscience and religion

Freedom of opinion and expression

Freedom of assembly

Freedom of association

Freedom to unite in trade unions

The right to marry and found a family

Freedom of education

Freedom to own property, either alone or in association with others

They are, substantially, the same rights that are defined in the Universal Declaration of Human Rights made by the United Nations.

The Convention was incorporated into Anglo-Welsh law by the Human Rights Act 1998, in force 2 October 2000. By Section 2 of this Act, courts or tribunals determining a question relating to a Convention right must take into account judgments, decisions or declarations of the European Court of Human Rights.

European Union Law

For the sake of completeness in this discussion of the administration of justice, you are reminded of the Court of Justice of the European Union. We discussed the composition and jurisdiction of this court and the part it plays in the English national court system in detail in the first study unit of the course.

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