United Kingdom, Legal systems of the, are sets of laws, institutions, and procedures in England, Scotland, Wales, and Northern Ireland. Like legal systems in other countries, the legal systems of the United Kingdom seek to safeguard the rights of citizens while upholding the rule of law. The United Kingdom has three separate legal systems—one for England and Wales, one for Northern Ireland, and one for Scotland.
The legal system in Northern Ireland is generally the same as in England and Wales. Laws made by the Parliament of the United Kingdom apply in Northern Ireland unless the Parliament specifies that they should not. Scotland has a different legal structure because its laws developed separately from those of England. Nevertheless, many statutes passed by Parliament apply in Scotland.
Until 2009, the House of Lords functioned as the United Kingdom’s highest court of appeal, except for criminal cases in Scotland. When the House of Lords sat as a law court, only the distinguished judges called law lords attended. In 2009, a new Supreme Court of the United Kingdom took over the judicial functions previously held by the House of Lords. The law lords became the first justices of the Supreme Court. The Scottish High Court of Justiciary is the highest court of appeal for criminal cases in Scotland.
The Scottish legal system includes elements of Roman law and a separate tradition of laws and legal decisions dating back to the Middle Ages, from about the A.D. 400’s through the 1400’s. The Scottish system was preserved by the 1707 Treaty of Union. This act joined the two kingdoms of England and Scotland under one government as a “united kingdom of Great Britain,” now called the United Kingdom.
A Scottish Parliament was set up in 1998. It is responsible for such areas as education, health, local government, and transportation. Responsibility for such matters as foreign policy, defense, and monetary policy remains with the British Parliament.
Basic rights of citizens
Like citizens of other countries, citizens of the United Kingdom have certain rights and legal protections. The Human Rights Act of 1998, which came into force in 2000, has transformed the way the United Kingdom deals with such rights. The Human Rights Act incorporated into British law the basic points of the Convention for the Protection of Human Rights and Fundamental Freedoms. This convention, signed in 1950 by the members of the Council of Europe, set forth basic civil and political rights and freedoms to which all people are entitled. The Human Rights Act says that legislation passed in the United Kingdom must be compatible with the convention. Every time the British government passes a new law, it must declare at the beginning of the procedure that the law complies with the Human Rights Act. If the proposed law does not comply, the government must explain why and ask the legislature if it accepts the departure from the act.
There are 16 basic rights in the Human Rights Act. They cover issues of life and death, such as freedom from killing and torture, as well as everyday rights, such as what people can say and do, their beliefs, their right to a fair trial, and other similar rights. Some of the most important citizens’ rights protected in the Human Rights Act are discussed below.
The right to life.
Citizens have the right to have their lives protected under the law. There are extremely few circumstances under which it is acceptable for the state to take someone’s life. One such case, for example, would be if a police officer had to use violent force in self-defense. There is no capital punishment (death penalty) in the United Kingdom, except in time of war or immediate threat of war.
Freedom of thought, conscience, and religion.
Citizens have the right to hold and practice religious and political beliefs without interference from the state. This right includes all sorts of political views, and the state can impose restrictions only under rare circumstances, such as grave threats to individual safety or national security.
Freedom of expression.
Individuals and groups have the right to express their opinions freely. This right applies even when the expression is disturbing to some people or is unpopular. The right does, however, have some limits. People are free to speak, write, or print what they like, as long as they do not overstep the bounds set by law. The right does not protect people who commit crimes that involve such activities. They may not commit the crimes of sedition (causing rebellion), obscenity, blasphemy (abuse of God or sacred things), or criminal libel (spreading of false or damaging statements). They also may not commit the torts (harmful acts) of libel or slander.
Freedom of assembly and association.
Citizens have the right to meet and assemble with others in a peaceful way, and to form organizations, such as trade unions and political parties.
Right to liberty and security.
Citizens have the right not to be arrested or detained, except in limited cases, such as when a person is suspected or has been convicted of committing a crime. Arrests must be justified by clear legal procedures.
Right to a fair trial.
Citizens have a right to a fair and public hearing within a reasonable time from the moment of arrest or charge. Hearings are held before an independent and impartial tribunal (unbiased court of justice) established by law. In criminal trials, a defendant is presumed innocent until proved guilty beyond a reasonable doubt. The defendant has the opportunity to present a defense.
In serious criminal cases, a group of unbiased citizens called a jury decides the case. The jury decides all questions of fact, and the judge decides questions of law. In the trial of minor offenses, officials called magistrates decide the case. Magistrates are members of the community who are not trained lawyers.
No punishment without law.
People cannot be punished for an act that was not illegal at the time it was committed. Convicted people are also protected against later increases in the possible sentences for their offenses.
Prohibition of torture.
Citizens have the absolute right not to be tortured or subjected to treatments or punishments that are inhumane or degrading.
Prohibition of slavery and forced labor.
Citizens have the absolute right not to be treated as slaves or forced to perform certain kinds of labor.
Right to respect for private and family life.
Citizens generally enjoy the right of privacy in their homes and correspondence. However, this right may be limited under certain circumstances, such as during criminal investigations.
Right to marry.
Citizens have the right to marry, have children, and start a family. National law may still, however, govern how and at what age such events can take place.
Freedom from discrimination.
In the application of the rights mentioned above, citizens have the additional right not to be discriminated against on the basis of race, religion, sex, political views, or any other status.
Where laws come from
Courts in England, Wales, and Northern Ireland apply the rules of common law, equity, and statute law. Courts in Scotland apply Scots law. In addition, courts in all four areas apply the rules of international law where necessary.
Common law
is the body of rulings made by judges on the basis of community customs and previous court decisions. Common law covers such matters as contracts, ownership of property, and the payment of claims for personal injury.
Early in England’s history, judges decided cases according to the way they interpreted the beliefs and unwritten laws of the community. If another judge had ruled earlier in a similar case, that judge’s decision was often used as a precedent (guide). After many judges decided the same question in a similar way, the ruling became law.
Equity
is a body of rules that allows the law to adjust to the unique circumstances of a case. Equity came into use because the English courts had applied common law so strictly that many injustices were created. In the Middle Ages, people who could not obtain a remedy through common law petitioned the king for assistance. Such petitions came to be handled by one of the king’s chief advisers, the lord chancellor. The chancellor, and later his assistants in the Court of Chancery, would then make decisions based on the principles of equity (fairness and moral justice). In time, these principles became fixed rules. The rules of equity are still separate from the rules of common law, but today people can obtain either kind of ruling in the same court.
Statute law
consists of acts passed by Parliament. In the United Kingdom, courts generally have no power to strike down statutes. For example, the higher courts can overrule any decisions of the lower courts that are inconsistent with human rights, but they cannot overturn legislation passed by Parliament. They can only declare a statute inconsistent with human rights principles and recommend that Parliament change the law.
Because of the specialization of certain areas of law, Parliament today delegates authority to a number of other bodies. For example, Parliament permits government ministers to make administrative regulations. It also permits local authorities, such as town councils, to make some laws. The courts have power to investigate the validity of delegated legislation. If a court finds that an authority has exceeded its powers or failed to pass a law in the manner laid down by Parliament, it can declare that law invalid because it was made ultra vires (beyond its powers).
Scots law
is a general term for all the laws that are recognized and applied by the Scottish courts. Courts in Scotland enforce those statutes made by the Parliament of the United Kingdom that apply to Scotland. They may also enforce acts passed by the Scottish Parliament before the Act of Union of 1707. Law courts in Scotland recognize the authority of certain Scottish writers on law. Scottish courts are also bound by the previous decisions of judges in the higher Scottish courts, from both before and after the Act of Union.
Since 1999, the Scottish Parliament, based in Edinburgh, has governed many aspects of Scottish life, including education, local government, housing, economic development, civil and criminal law, transportation, and the environment. The Scottish Parliament has a budget allocated by the British Parliament.
The legal profession
The legal profession in the United Kingdom is traditionally divided into barristers and solicitors. Barristers, called advocates in Scotland, have the right to appear in all the superior courts of law. Solicitors spend most of their time advising clients and preparing legal documents, such as wills, conveyances (transfers of property), leases, and contracts. Solicitors mainly represent parties in the lower courts. Solicitors who are qualified to appear in the higher courts are called solicitor-advocates. In Scotland, some solicitors are called law agents.
Barristers prepare documents called pleadings that state the client’s claim or defense in court. Normally, a barrister deals with the client through a solicitor. Barristers wear wigs and gowns when they appear in court. Senior barristers with successful practices may be appointed king’s counsel (KC), when the country’s ruler is a king, or queen’s counsel (QC), when the ruler is a queen. A king’s or queen’s counsel usually specializes in a certain type of law and normally appears with a junior barrister. A KC or QC no longer prepares pleadings, and spends more time on advocacy and specialized advice.
Barristers in England and Wales are all members of one of the four Inns of Court. The four inns are the Inner Temple, Middle Temple, Gray’s Inn, and Lincoln’s Inn. They are all in a small area of central London near the Law Courts. Each inn has its own hall, library, and other buildings. Many barristers’ chambers (shared offices) are in the inns. Before students can be called to the bar (become barristers), they must eat a certain number of dinners at their inn, as well as pass examinations. To practice law, a barrister must work for one year as a student of an experienced barrister. The governing body of barristers in England and Wales is called the General Council of the Bar. The Scottish bar is called the Faculty of Advocates. Solicitors are all members of the Law Society. They must pass examinations and work for about two years for a qualified solicitor in an apprenticeship known as a training contract.
Judges in the higher courts are normally appointed from members of the bar, or in Scotland from members of the Faculty of Advocates. In courts that have a judge and jury, the judge decides all points of law and applies the rules of evidence and procedure. The judge also gives general guidance to the jury on matters of fact. In criminal cases, the judge decides what sentence to impose, within the limits laid down by acts of Parliament.
The courts system
Courts of law sit (hold sessions) in cities and towns in all parts of the United Kingdom. To make sure that cases are tried justly, courts sit in public unless children or official secrets are involved. Some courts, called criminal courts, deal with actions considered harmful to society. Crimes range in seriousness from disorderly conduct to murder. Other courts, called civil courts, deal with civil wrongs. Civil law is concerned with settling disputes between individuals or groups. Some courts deal with cases involving both criminal and civil law. The court in which a case is first tried is called the trial court or the court of first instance. A court that hears an appeal is called an appellate court or appeal court.
The lord chief justice of England and Wales is the head of the judiciary and president of the courts in England and Wales. In Northern Ireland, the lord chief justice heads the judiciary. The head of Scotland’s judiciary is the lord president of the court of session.
Minor criminal cases.
In England and Wales, local officials called justices of the peace or magistrates try most minor offenses. The courts are called magistrates’ courts. Usually three justices sit on each panel in such courts. Most justices are not trained lawyers. Generally, a legally trained official, called a clerk, is present at minor sessions. The clerk advises the justices on matters of law, procedure, and sentencing. Justices get no salary for their work, but they are paid their expenses and an allowance for loss of earnings from their regular employment.
In Northern Ireland, justices of the peace have mainly administrative powers. Most minor offenses are tried by resident magistrates, who are full-time judges and trained lawyers. In Scotland, district courts staffed by justices of the peace handle some minor cases. But officials called sheriffs try most criminal cases. The sheriffs are trained lawyers. Some criminal cases are tried before the sheriff alone, but a jury is used in more serious cases.
Some large cities in the United Kingdom, such as Manchester, Liverpool, and London, have special magistrates’ courts, each of which is staffed by a single magistrate who is a lawyer. The magistrates in these courts are called district judges.
Serious criminal cases.
In Scotland, serious criminal cases are heard by the High Court of Justiciary. This court also handles appeal of criminal cases from the sheriff courts.
In England and Wales, the Crown Court handles serious criminal cases. Although the Crown Court is referred to as a single court, sessions of it are actually held at many centers throughout England and Wales. The best known of these is the Old Bailey—the Central Criminal Court in London. Northern Ireland also has a Crown Court to handle its serious criminal cases.
The Courts Act of 1971 set up the Crown courts in England, Wales, and Northern Ireland. Previously, most serious criminal offenses in these areas were tried in provincial courts called assizes, in which traveling circuit judges tried cases, or in quarter sessions, which were conducted four times a year by county justices of the peace.
In some cases, sessions of the Crown Court are conducted by judges of the High Court of Justice (the main civil court). In other cases, the courts are held by circuit judges or by recorders. Circuit judges are full-time judges who travel around the country. Recorders are experienced barristers or solicitors who serve as part-time judges. A number of justices of the peace may accompany a judge of the Crown Court.
Young offenders.
Offenders who are from 10 to 17 years old come under the jurisdiction (legal control) of youth courts. For certain serious offenses, though, young people can be tried in the magistrates’ courts or before a jury.
Young offenders can be kept in custody if the judges see no appropriate alternative. Offenders who are 15 years old or older may be sent to a young offenders’ institution. Persistent offenders who are from 12 to 14 years old can be given a form of custody that includes training. Such a sentence is known as a secure training order. Other sentences include fines, mandatory supervision, and residence in local authority housing. Offenders who are 16 years old or older can be given curfews or ordered to do community service. Courts can also use parenting orders, which require a parent or guardian to attend counseling or guidance sessions.
Civil cases.
In England, Wales, and Northern Ireland, magistrates’ courts deal with a few types of minor civil cases, but county courts deal with most small civil claims. In Scotland, the sheriff courts deal with such claims. County and sheriff courts generally try cases more quickly and with fewer formalities than the higher courts. Many people in these courts present their own facts and arguments without hiring lawyers.
The High Court of Justice of England and Wales decides all cases of large claims for England and Wales. The High Court has three divisions—the Family Division, with responsibilities that include divorce and child custody cases; the Chancery Division, which handles mainly tax, bankruptcy, and other economic cases; and the King’s Bench Division, which handles such matters as contract law and injury lawsuits. The King’s Bench Division is called the Queen’s Bench Division when the country’s ruler is a queen. The High Court of Justice of Northern Ireland decides cases of large claims for Northern Ireland and has similar divisions. In Scotland, the Outer House of the Court of Session or the sheriff courts decide important civil cases. The judges of the Court of Session are called lords ordinary.
Appeals.
A person convicted in any criminal court generally has a right to appeal to a higher court. Appeals can be based on points of law or fact, or on allegedly harsh sentencing. In any of these cases, though, the trial court or the court of appeal must grant permission to appeal. The court of appeal can reverse a decision for a number of reasons. Such reasons may include an irregularity in the original trial or the discovery of new evidence relating to the case. In some cases, the prosecution may appeal against a sentencing that it considers too mild.
The losing side in a civil case also generally has a right to appeal to a higher court on matters of law or fact. But appeals on matters of fact are permitted only if they involve considerable sums of money.
The Court of Appeal of England and Wales has two divisions—one for criminal cases and the other for civil cases. Northern Ireland’s Court of Appeal has the same divisions. In Scotland, civil cases are appealed to the Inner House of the Court of Session, and criminal cases are appealed to the High Court of Justiciary. The High Court of Justiciary is Scotland’s highest court of appeal for criminal cases.
Final appeals in all civil cases and in criminal cases in England, Wales, and Northern Ireland may be made to the Supreme Court of the United Kingdom, based in London. The Supreme Court of the United Kingdom, which began hearing cases in 2009, was established by the Constitutional Reform Act of 2005. The court has a president, a deputy president, and 10 permanent judges. The judges are appointed by the monarch, based on the recommendation that a selection commission makes to the lord chancellor and the prime minister. If necessary, the president of the Supreme Court may ask judges in the Court of Appeal, or certain other legal officials, to sit as acting judges. 
In addition to hearing appeals in civil and criminal cases, the Supreme Court also has the authority to decide devolution issues—that is, issues involving the powers granted to the governments of Northern Ireland, Scotland, and Wales.
Administrative tribunals.
Special courts called tribunals deal with administrative disputes. For example, people may go to rent tribunals to settle disputes about rent, or to pension tribunals to settle claims for government pensions. Some tribunals hold trials similar to those held in the ordinary courts. Others are more informal, and some conduct cases entirely by correspondence. In many cases, people may appeal decisions of tribunals to other administrative bodies, or to ordinary courts on points of law.
Law officers
Law officers of the Crown are the chief legal advisers to the government of the United Kingdom. The main law officers are the attorney general and the solicitor general for England, Wales, and Northern Ireland, and the lord advocate and solicitor general for Scotland.
In England and Wales,
the attorney general is the senior law officer. The attorney general is also the head of the English bar. The prime minister nominates the attorney general, usually choosing a member of the bar who supports the government. The monarch then makes the formal appointment. The attorney general is the government’s chief spokesperson on legal affairs in the House of Commons. The attorney general holds office only as long as the government that chose him or her remains in power.
The attorney general or the solicitor general represents the United Kingdom in important legal proceedings. The attorney general also supervises the work of the director of public prosecutions. In all issues regarding prosecutions, the attorney general has a duty to act fairly and impartially.
The solicitor general is subordinate to the attorney general. Normally, the solicitor general is a member of Parliament and a barrister. The solicitor general acts for the attorney general when he or she is not available or when authorized to do so.
The government employs many lawyers in addition to the attorney general and the solicitor general. All principal government departments have their own legal advisers. Government departments that do not have their own legal advisers may obtain advice from the Treasury solicitor.
In Northern Ireland.
Northern Ireland’s attorney general was a member of the Stormont Parliament, a separate parliament for Northern Ireland that met in the Belfast suburb of Stormont from 1920 to 1972. The United Kingdom Parliament established the Stormont Parliament to make laws for “the peace, order, and good government” of the province. The attorney general in the Stormont Parliament had functions similar to those of the attorney general in England and Wales. The government of the United Kingdom suspended the Stormont Parliament in 1972. Since that time, the attorney general for England and Wales also acts as the attorney general for Northern Ireland.
In Scotland.
The Scottish law officers are the lord advocate and the solicitor general for Scotland. In Scotland, the law officers are appointed from the members of the Faculty of Advocates. Like the English law officers, the Scottish law officers change when the government changes.
The lord advocate is the chief Scottish law officer. The lord advocate or a member of the lord advocate’s department conducts all prosecutions in Scotland. Unlike the attorney general of England, who is head of the English bar, the lord advocate is not the head of the Faculty of Advocates. In Scotland, the advocates elect their head, who is called the dean.
In Scotland, a legal official called the procurator fiscal conducts preliminary investigations into criminal cases to determine whether the evidence is sufficient to send the person to trial. The procurator fiscal may also conduct the prosecution, especially in less serious cases.
History
In the 1100’s, borough and county courts in England decided cases according to local laws and customs. But the king’s officials also tried cases in the royal courts. The royal courts decided cases according to a uniform system of law. They applied common law and statute law.
As the royal judges began to specialize in particular types of cases, three separate courts emerged. The Court of Common Pleas was held at Westminster to try civil disputes between individuals. The Court of King’s Bench followed the king on his travels at first, but in the early 1300’s, it became settled at Westminster. It supervised criminal justice, and tried civil cases in which the king had a particular interest. The Court of Exchequer, which also was held at Westminster, at first dealt only with taxes but later became responsible for a large number of civil cases. Judges from these three courts went on assizes (traveling courts) to try civil and criminal cases locally. By doing so, they took many cases away from the local, customary courts.
In the 1400’s, a Court of Chancery developed. It handled cases where the common law courts provided no adequate solution. At first, the lord chancellor was the sole judge of the court. But later, other officials also sat as judges. The Court of Chancery based its decisions on principles of equity. These principles later became fixed rules.
Courts that handled cases involving probate (the official proving of wills), divorce, and admiralty (matters of the sea and ships) were combined to form the Probate, Divorce, and Admiralty (PDA) Division. At first, the courts of Common Pleas, King’s Bench, and Exchequer became separate divisions of the High Court. In 1881, they combined to form the Queen’s Bench Division, called the King’s Bench Division when the monarch is a king. In 1907, Parliament created a Court of Criminal Appeal. In 1966, a new act abolished this court and instead enlarged the Court of Appeal to include a Criminal Division. In 1971, the PDA was abolished and its jurisdiction divided among a new Family Division and the two other divisions of the High Court of Justice.
