V. The organization of the courts in Great Britain

County Courts

Justice in minor civil cases is administered in the County Courts. These courts, incidentally, have nothing to do with the counties; the name was selected for historical reasons. There are about 125 county judges. They sit on circuits, and hold periodic sessions at several hundred courthouses scattered around the country. Thus the County Court, unlike the High Court, brings the judge to the controversy, rather than taking controversy to the judge. The present County Court judges are all barristers by training, although since the beginning of 1972, solicitors have been qualified for appointment after the period of judicial apprenticeship.

County Courts have very severely limited jurisdiction. They have only limited equitable jurisdiction¹ to issue orders compelling persons to do (or refrain from doing) certain things. Except for a few cases in which they are specifically authorized to review the decisions of administrative authorities. County Courts have no power to consider appeals against administrative decision-making.

Barristers have been the only County Court judges since the creation of the system. Under the new court system, barristers will continue to have a virtual monopoly of judgeship in the County Courts. Now the Lord Chancellor may appoint a solicitor of ten years’ standing to be a Recorder, or part-time judge. After five years as a Recorder, the solicitor may be qualified for appointment to the County Court Bench.

The County Courts judges receive less compensation than their High Court brethren. Like High Court judges, County judges serve “during good behavior”, subject to mandatory retirement. They must retire at age 72. Lord Chancellor may remove a County judge for cause. The Queen may remove a High judge only after both houses of Parliament have passed an Address (or joint resolution) authorizing such action. These formal differences underscore the relative positions of the High Court justice and the County Court Judge.

Only a very few county judges receive judicial promotion. Fewer than a dozen of them have been appointed to higher courts in this century. The acceptance of a judgeship on a County Court virtually forecloses further advance in judicial ranks.

 

Criminal Courts: the Crown Court

The judicial reform which took effect in 1972 has introduced a new national criminal court, the Crown Court. This is simply a modern administrative structure to replace many courts of ancient vintage: the Assizes, the Quarter Sessions, and the Central Criminal Court (or Old Bailey²).

The Crown Court has jurisdiction in major criminal cases, those punishable by substantial periods of imprisonment. It sits in all the important centers of the nation, in approximately 100 cities. The places of sitting may be changed by the Lord Chancellor to accommodate the changing needs of the criminal justice system.

There are three kinds of judges of the Crown Court. Justices of the High Court preside over the trials of the most serious offences, called “upper band” offences. County Court Judges, who acquire the title of Circuit Judges for this purpose, preside at trials where accusations are less serious. These are called “low band” offences in the Courts Act. There is a “middle band” of crimes which will be within the jurisdiction of either kind of judge.

The third kind of judges is Recorders. These are part-time judges. They must be barristers or solicitors, who have been in active practice for at least ten years. Only since 1972 has it been possible to appoint solicitors to the office of Recorder. A Recorder must spend at least one month a year in judicial service. During the remainder of the year he continues in the private practice of law.

Before the judicial reform, Recorders served individual cities, so there was a Recorder of Oxford, a Recorder of Reading, a Recorder of Cambridge, and so on. Since 1972, the appointments have been general. The Recorder may be assigned to judicial service wherever the press of judicial business is greatest.

The Crown Court is organized into circuits. The circuits approximate those of the old Assize systems. One of the High Court judges assigned to serve each circuit acts as presiding justice supervising administrative matters. He is assisted by a court administrator.

Procedure in the Crown Court is like that in the High Court. Only barristers appear to represent parties. Criminal cases always involve a jury trial, unless the defendant pleads guilty.

 

Magistrates’ Courts

The vast majority of criminal cases are likewise handled in lower courts. At some stage in the proceedings, almost every criminal case is considered in a Magistrates’ Court. Cases involving minor offences begin and end there. Cases involving more serious offences normally go through preliminary stages in these lower tribunals before being referred to higher courts for trial.

There are two kinds of these lower courts in England. In London and a very few other cities there are full-time paid-magistrates. All of these stipendiary magistrates are lawyers. There are only about 50 of these stipendiary magistrates in the entire country. In other cities and in all rural areas there are justices of the peace. They are laymen, who sit once every week or two to hear criminal cases arising within their area. Even in London and other large cities there are part-time justices, who sit to relieve the burden of the stipendiary magistrates. The justices, not the stipendiary magistrates, sit to hear cases involving juveniles, the granting and revocation of liquor licenses, and for a few other purposes.

Justices of the peace provide the backbone of criminal justice in England. There are approximately 18,500 justices in the country. The Lord Chancellor appoints them for each county in a document called the Commission of the Peace. Once appointed, a justice serves until he reaches age 70, when he must retire from active service.

They always sit in panels. At least two justices must participate in decision of a case; three usually sit on a panel although as many as seven may serve at one time. They only sit in official courthouses. They receive a short period of training before they are allowed to try cases. Although the justices are laymen, they have the assistance of a legally trained clerk. He goes to their conference room with them when they consider the decision, advises them on matters of law, and prepares documents. The ultimate disposition of the case remains, however, in their hands. There is no jury. The justices must determine legal questions (usually the function of a judge), factual questions (usually the function of a jury) and the nature of punishment to be imposed (again usually the function of a judge).

The justices have relatively broad criminal jurisdiction. They hear all cases involving a potential of less than six-month imprisonment. They also have an old lot of miscellaneous functions, such as the enforcement of material separation decrees, certain adoption proceedings, the licensing of pubs and gambling establishments.

Procedure in the Magistrates’ Courts is relatively simple, although the courts are conducted with formality and decorum. Prosecutions are usually conducted by a senior police officer rather than a lawyer. The defendant usually appears in person, although he may be represented by a solicitor or rarely a barrister.

The system for selecting justices of the peace reflects the importance which has been attached to this office in the English system. Formally the Lord Chancellor simply makes the appointment. In fact, he makes the appointments after an elaborate nominating procedure. In each county, a selection committee considers individuals who might be appointed to the office. These committees are appointed by the Lord Chancellor with an effort to provide a broad cross-section of interests. Usually all major political parties are represented, as well as other groups within the community. The membership of the committees is kept secret to attempt to avert any improper influence of members. Only the name of the secretary is made public, so that individuals may nominate candidates for consideration.

Since selection as a magistrate is considered a significant honor, the magisterial bench becomes a kind of local establishment. In a nation which esteems status and titles, the letters J.P.³ after the name are symbols of community recognition and respectability.

Appeals may be taken from the decisions of Magistrates’ Courts to the local Crown Court or to a three-judge panel of the High Court, depending on the nature of the issues involved. Although there is a structure for appeals, the justices are largely self-regulated. Their interaction with the professional judicial system, the High Court and County Court is very restricted.

 

Commentary

1. limited equitable jurisdiction – юрисдикция, ограниченная правом справедливости

2. Old Bailey – центральный уголовный суд Лондона

3. J.P. – мировой судья

 

Active vocabulary

Minor civil cases

Controversy

Accusation

To review the decision of administrative authorities

To remove a judge

To pass an Address

To foreclose further advance in judicial ranks

To retire from active service

To accommodate the changing needs

To try cases

Preliminary stages (hearing)

Full-time (part-time) justices

Layman

To avert improper influence

To nominate candidates for consideration

To esteem status and titles

Assignment I. Answer the questions.

1. What does the name “County Court” mean?

2. What is the difference between County Court and the High Court?

3. How long does a County Judge serve?

4. Is he removable?

5. What are the chances to be promoted?

6. What is the Crown Court?

7. What kinds of judges are there?

8. How is the court organized?

9. What is the Magistrate’s Court?

10. Who is the J.P.?

11. How are they selected?

Assignment II. Topics for discussion.

1. County Court

2. The Crown Court

3. Magistrate’s Court