The judicial system is one of the three branches of the English government. The hierarchy of the English courts is defined by their functions and jurisdictions within this country. The diagram below shows the structure and hierarchy of the courts within the country.
As shown in the diagram above, the Supreme Court is the highest court of the land. It has jurisdiction over any case that comes from the courts of appeal, whether they are criminal or civil cases. Under the Supreme Court, there are the courts for civil cases and that for criminal cases. According to Palmer (2003, p. 112), “The Court of Appeal, in both the civil and criminal divisions, has only appellate jurisdiction; the High Court of Justice and the Crown Court have both appellate and original jurisdiction.” They have the jurisdiction to hear on original cases so serious that they cannot be heard by either the Magistrate’s Courts or County Courts (Slapper 2014, p. 47). The High Court of Justice hears on both original and appellate cases from lower courts on both civil and criminal cases. It has three divisions which include the Chancery, Family division, and the Queen’s Bench. The Crown court handles original and appellate criminal cases from the lower divisions of the judicial system within the country. Established under Courts Act of 1971 the Crown Court has the jurisdiction to hear on appellate cases arising from the Magistrates’ Courts within England and Wales. As shown in the diagram above, the Magistrates’ Court and the County Courts are considered subordinate courts in England and Wales (Chadwick 2011, p. 78). The Magistrates’ Courts have the mandate to hear criminal cases that are minor, and does not warrant a direct submission to higher courts of the land. On the other hand, the county courts have jurisdiction over original minor civil cases within England and Wales.
The Background, Appointment, Functions, and Training of Key Personnel
Following the Constitutional Reform Act 2005, the Lord Chief Justice has become the head of judiciary, a position that was previously held by the Lord Chancellor (Zander 2007, p. 65). The Chief Justice also serves as the head of the Court of Appeal in the Criminal Division where he may delegate duties to the appellate judges as may be necessary. However, the Lord Chancellor retains the power of disciplinary and the appointment of judges as per the recommendations of the Judicial Appointment Commission.
The Constitutional Reform Act of 2005 gave the powers of appointing judges in England and Wales to the Judicial Appointment Commission. This responsibility was performed by the Lord Chancellor through the Lord Chancellor’s Department (Slomanson 2011, p. 48). Headed by a chairperson, this commission has the mandate to investigate the qualification of the candidates presenting themselves for appointments and to determine if they have the capacity to hold judicial positions at different levels. The appointment of the Lord Chief Justice follows a very rigorous process. The candidate for this position is first vetted by the Judicial Appointment Commission that is currently headed by Christopher Stephens. This commission will need to vet a number of candidates and give recommendations about two or three candidates that they believe have the capacity to hold this position. The names will then be taken to the Deputy Prime Minister, the Prime Minister and the Lord Chancellor for review. The three offices will then advise Her Majesty the Queen on the candidate they feel is fit for the position. The final appointment shall be made by Her Majesty the Queen. The Rt. Hon. Sir John Thomas is the current holder of this office following a rigorous appointment process saw him appointed by the queen on September, 30, 2013. The judges are always appointed by the Lord Chancellor after being vetted and approved by the Judicial Appointment Commission.
The function of the Lord Chief Justice is to preside over administrative functions of the judiciary. As the head of the judicial system in England and Wales, he is responsible for all the administrative functions of the judiciary with the help of other constitutional organs. He also presides over some major cases at the Supreme Court and Courts of Appeal. At each of the levels of courts described in the sections above, there are judges and magistrates responsible for administering justice as per the requirements of the law. The appellate judges administer justice at the Supreme Court and Courts of Appeal. The high court judges have their functions in the high courts, while the magistrates have the mandate to administer justice in the lower courts.
The training process of judicial officers takes the normal process as defined by the education system in the country. To become a magistrate or a judge, one has to undergo through university training in the school of law. Upon graduation, the candidate would need to take a one-year Bar Professional Course. After taking this course, Slomanson (2011, p. 45) says that “The candidate will to complete a year in an authorised pupillage training organisation: barristers’ chambers or another approved legal environment.” This involves rigorous training on how to handle various cases as per the requirements of the law. It is only after completing such trainings that one would be allowed to obtain tenancy in a given set of barristers’ chambers within the country (Zander 2007, p. 28).
Alternative Process for Disputes Resolution
There are other alternative processes for disputes resolutions that are used in England. One of the most common alternative processes for disputes resolution is the tribunal system. It is a less formal judicial system where parties use to find a resolution to their conflict. According to Abass (2012, p. 78), “The tribunal decides claims relating to disputes about various legislative matters.” When parties fail to resolve their disputes at this stage, then they may consider going through the full legal process. Other common alternative conflict resolution processes include arbitration, mediation, and conciliation. The arbitration uses an arbiter who seeks to bring together two conflicting parties. In mediation, a non-partisan party is called upon to negotiate a common resolution for the parties. In conciliation, the two parties involved in the disputes make personal efforts to resolve their issues on their own based on their common values. These alternative sources of conflict resolutions have the advantage of reducing costs associated with the litigation processes. It also takes a shorter time, and the parties can easily agree on terms that are favourable them. However, the main disadvantage is that they have limitations. There are some cases which cannot be referred to these alternative resolution processes.
There are other regulatory bodies that are also responsible for resolution of some conflicts within the country. The office of the ombudsman has the mandate to hear complaints from the public on issues about maladministration in various sectors in the country. The Trading Standards on the other hand has the mandate to set and supervise the operations of firms operating in the country, and to determine if they are following the set standards as per the English law. It is important to note that in case a solution that is mutually acceptable to parties involved is not found at this stage, then the case may need to go through the normal litigation process.
Sources of Legal Advice and Methods of Funding Legal Services
It is important to note that sometimes the parties to a given litigation process may need legal advice or some financial support in order to uphold justice. It is common to find cases were a party to a given legal process has limited knowledge on how to conduct self within the courts, or how to lay claim on various issues (Fafinski & Finch 2008, p. 68). It is a requirement by the law, that such individuals should be given legal advice to enable them to obtain justice in their cases. Legal aid may be necessary in cases where a party is unable to afford to hire legal experts. Legal aid is only given to the parties who are considered unable to finance their own private advocates. In cases where a party to a case has the financial strength to fund legal aid privately, then he or she will be allowed to hire a lawyer to defend his or her interests in court.
List of References
Abass, A 2012, International law: Text, cases and materials, Oxford University Press, Oxford.
Chadwick, A 2011, The English legal system, Emerald, Brighton.
Fafinski, S & Finch, E 2008, English legal system, Longman, Harlow.
Palmer, R 2003, English law in the age of the Black Death, 1348-1381: A transformation of governance and law, McMillan, London.
Slapper, G 2014,The English legal system 2014-2015, Routledge, London.
Zander, M 2007, Cases and materials on the English legal system, World University, London.