Hierarchy of Courts and Judicial Precedent within the English Legal System - Essay Example

Hierarchy of Courts Name Date Course Hierarchy of Courts Introduction In the English legal system, various courts are in place for the purposes of carrying out different judicial activities. The term hierarchy of courts refers to the structure of the courts based on their importance and responsibilities. The hierarchy of courts in the English judicial system ranges from the lower courts to the Supreme Courts1. The main purpose of hierarchy of courts in the English laws is to ensure that the people have an opportunity to easily address their needs at different courts. Better utilization of resources is also achieved through the hierarchy of courts. The paper critically discusses the concepts of hierarchy of courts and how the judicial precedent operates within the English legal system. Hierarchy of courts and judicial precedent within the English legal system The hierarchy of courts in the English legal system is complex as compared to most countries2. This is due to the different ranks that exist with the hierarchy. The judicial precedence on the other hand is mainly involved with the influence and value of the past decisions with regards to the case laws. According to the concepts of judicial precedence, like case should be treated in the same way and hence the need for referring to the past case laws during the judicial processes. This concepts was highlighted in the case of R V Taylor3 According to the doctrine of judicial precedent in the English legal system, all the courts are supposed to follow the decisions that have been made by the courts above them4. The doctrine of judicial precedence therefore is thus influenced by the hierarchy of courts in the English judicial system. The United Kingdom is part of the European Union which has a European Court of Justice. However, this court is not part of the legal structure of the English legal system. In the English legal system, the criminal cases are usually addressed separately from the civil cases. At the top of the hierarchy is the Supreme Court which is the highest court in the United Kingdom. As the highest court in the United Kingdom, all the other courts are bound to follow its decisions. The Supreme Court is the final court of appeal for all the criminal or civil case in the United Kingdom. The court of appeal is the net court in the hierarchy and it must follow the decisions of the Supreme Court. This decision was arrived at following the case of Broome V Cassel & Company5. The court of appeal is also bound to follow its past decisions in terms of the civil case but it is allowed to be flexible in terms of the criminal cases. The court of appeal has the powers to hear the appeals from the high court, crown courts, county courts and tribunals. The high court of justice follows the doctrine of precedence and it has to follow the decisions of the Supreme Court and the Court of appeal. The high court of justiciary has the responsibilities of dealing with serious and complex criminal cases. However, in the civil case, the high court had several divisions and multiple cases. The civil case involving contracts and torts are usually handled by the High Court Queen’s Bench division. This division also has other courts which include the commercial court, mercantile court, Admiralty court, Technology and construction court and administrative court. The high court chancery division deals with the commercial fraud, business issues including tax and equity and they are supposed to follow their on previous decisions. The issue was heighted in the case of Huddersfield Police Authority V Watson6. This division also has the responsibility of dealing with cases regarding intellectual properties. The high court family division has the responsibility of handling the cases involving the family issues. This involves the child custody and matrimonial issues. The crown court is responsible for handling the criminal offences and appeals from the magistrates’ courts7. The country court on the other hand is responsible for handling the general trials for the lower value courts. The crown court and county courts must follow the decisions of the courts above them. In terms of the criminal case, the magistrates’ court is responsible for handling the less serious criminal offences and the non-indictable criminal offenses. In terms of the civil cases, the magistrates’ court can handle issues related to maintenance, care proceedings, paternity and residence. The sheriff’s court also has the responsibility of handling indictable criminal offenses and trials with less complex claims when it comes to the civil cases. The district courts have the responsibility of handling minor criminal offenses and it is the lowest in the hierarchy. It is also important to note that the lower courts in the hierarchy do not create a precedent8. According to the English laws, the past decision must be stated when making judgments. This is an important aspect of doctrine of judicial precedent. The concepts of judicial precedence are also important in terms of ensuring that the complex cases are heard and determined. Potential advantages and disadvantages of cases being heard at the magistrates courts Most of the cases in the United Kingdom are usually handled by the magistrates’ court. However, being a lower court, it has its own advantages and disadvantages. The magistrate court has an advantage for those who intend to plead guilty to the charges before them. This is because the courts usually give lower penalties to those who plead guilty. In the magistrates’ court, the cases are usually heard within a short period of time and hence ensuring that the verdict is delivered within a shorter period of time. This is an advantage to the people considering that the cases are not delayed. This means that the victims of a crime or those seeking compensation in a civil case are likely to get justice within a shorter time. The simplicity of the procedures is beneficial to the individuals who do not understand the court procedures. In the United Kingdom, the court case may prove to be costly and hence impacting negatively on the people who cannot afford the high expenses that may be involved. However, in the magistrates’ court, the costs are lower even for those who are convicted9. The venue in the magistrates’ court is less intimidating and hence providing a friendly environment for self representation. The magistrates’ court also has some disadvantages which may impact negatively on the people seeking justice. The chances of being acquitted in the magistrates’ court are much lower as compared to other courts. As compared to the juries, the magistrates’ court is less likely to accept the political defences. The magistrates may be biased in some cases which may result to the harsh sentencing. It is also important to note that some of the magistrates do not have legal training and do not have an understanding of the laws. This may lead to the magistrates getting matters out of proportion and hence affecting the outcome of the case. The powers of the magistrates’ court to ensure that the prosecution discloses evidence is limited and hence influencing the outcome of the court cases. If one has been acquitted by the magistrates’ court, the prosecution has a legal right to lodge an appeal in the higher courts. This may still lead to conviction and sentencing. On the other hand an appeal may be logged by the plaintiff which may lead to the reversal of the judgment of the decision by the magistrates’ court10. Conclusion In conclusion, it is evident that the English legal system is complicated in terms of the hierarchy of the courts. The courts in the English legal system have different ranks with the Supreme Court being the highest and the District court being the lowest. Each of the court has its own responsibilities. On the other hand, the hierarchy of the courts is influenced by the judicial precedence which requires some of the courts to refer to the past cases when carrying out their judgment. The advantage of the magistrates’ court is mainly in terms of the lighter sentencing and cost that may be involved. It is also due to this reason that most of the cases in the United Kingdom are handled at the magistrates’ court. However, the main disadvantage is that the decisions of the magistrates’ court can be reversed incase of an appeal. Bibliography Case Broome V Cassell & CO. [1971], Court of Appeal. R V Taylor [1950], Court of Appeal. Huddersfield Police Authority V Watson, [1947], High Court. Secondary Sources Kastellec, J, 2012, The Supreme Court and Percolation in the Lower Courts: An Optimal Stopping Model, Emory Public Law Research Paper, (10-122), 10-81. Kelly, D, 2013, The English Legal System: 2012-2013, Routledge, London: Akhtar, A, 2011, Walker & Walker's English legal system, Oxford University Press. Bradney, A, 2013, English Legal System in Context 6e, Oxford University Press. Montague, F, 2010, A Sketch of English Legal History, The Lawbook Exchange, Ltd. Young, R, 2012, Managing the List in the Lower Criminal Courts: Judgecraft or Crafty Judges? Common Law World Review, 41(1), 29-58. Martin, J, 2014, Key Facts English Legal System, Routledge, London. Read More