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As of 1st April 2005,
Her Majesty's Courts Service united the Magistrates' Courts Service
and the Court Service into just one unified body to form an executive
agency of the Department
for Constitutional Affairs (DCA) with the responsibility for the administration
of the civil, criminal and family courts in England and Wales. Scotland
and Ireland have their own Courts.
Since the Norman Conquest
of 1066 until 1362 the common language of English was French. Up until
1873 when The Supreme Court of Judicature was formed, a cluster of courts
were merged such as the Court of Queen's or King's depending on
the reigning Monarch, High Court of Chancery presided over by the
Lord High Chancellor, Court of Exchequer - A royal office from
medieval England initially responsible for the collection of royal revenue,
then for the adjudication of revenue cases. High Court of Admiralty,
also known as maritime courts. Court of Common Pleas - heard civil
cases between commoners. Court of Probate and Matrimonial Causes.
Today, The House of Lords is the highest court of appeal in England and
Wales. The Supreme Court of Judicature of England and Wales is the superior
court of England and Wales.
The Court of Appeal comprises two divisions; the Civil Division hears
appeals from the High Court and County Court, but the Criminal Division
only hears appeals from the Crown Court.
The High Court deals with both civil and criminal cases, whereas the Crown
Court deals with criminal cases at the same level as the High Court, The
Crown Court was established by the Courts Act of 1971 and replaced the
Assizes. These were where High Court judges travelled the country hearing
cases, and Quarter Sessions that were periodic county courts. The Old
Bailey is the name of London's Central Criminal Court now part of the
Crown Court. The Crown Court also hears appeals from Magistrate's courts.
Magistrates' courts are presided over by a bench of justices of the peace,
Lay Magistrates or a legally trained district judge previously called
a stipendiary magistrate. There are no juries in Magistrate's Court and
they hear minor criminal cases and those elected to be heard at Crown
Court level and tried by Judge and jury. Certain licensing applications
may also be heard at a Magistrates Court. County Courts hear minor civil
cases, and are presided over by district judges.
There are other courts and tribunals in addition to the above. Tribunals
are hearings and sit in judgement over a variety of specialist areas such
as Employment disputes, VAT tribunals, Land tribunals etc.
Another court officer dating back to medieval times is the Coroner, the
presiding officer of a court investigating deaths that have occurred under
unusual or potentially suspicious circumstances. Coroners no longer sit
in judgement of Treasure Trove cases, following the passing of the Treasure
Act 1996.
We also have Ecclesiastical Courts that deal with such matters as errant
clergy and church property. Each Diocese has a 'Chancellor' who acts as
judge and is either a barrister or solicitor. The Bishop no longer has
the right to preside personally.
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