English Legal System

This report provides an overview of the English Legal System, including the types and functions of law. It discusses the structure and hierarchy of criminal courts and explores different types of offenses through case studies on rape, murder, and manslaughter.

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England Legal System
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Table of Contents
Introduction.....................................................................................................................................3
Types and Functions of Law in the English Legal System.............................................................3
Civil Law........................................................................................................................................4
Common Law.................................................................................................................................4
The Principles of Laws relating this to Criminal Law....................................................................5
The Structure and Hierarchy of Criminal Courts and how they work in the English Legal
System.............................................................................................................................................6
The Supreme Court of the United Kingdom...................................................................................6
Senior Courts of England and Wales..............................................................................................6
The Court of Appeal.......................................................................................................................6
High Court......................................................................................................................................7
Crown Court...................................................................................................................................7
Subordinate Courts.........................................................................................................................7
Different types of Offences with reference to case studies............................................................7
Rape................................................................................................................................................7

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Murder............................................................................................................................................8
Manslaughter..................................................................................................................................8
Analysis of How the Criminal Justice system proceed with Criminal Offences............................8
Bibliography and References........................................................................................................10

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Introduction
The United Kingdom has three Legal system- English law, Scot Law, and the Northern Ireland
law (Waddington and Lawson, 2018). The Wales Act of 2006 introduced what is considered as a
fourth legal system, the Welsh Law. The English legal system in law is the legal system that
courts of law in England and Wales administer in civil and criminal cases. Despite the overlap
existing between the three major legal systems within the three legal jurisdictions, each system
has court systems that extend the relevant law through legal jurisprudence.
According to a statement made by the Chief Inspector of the Crown Prosecution Service, Kevin
McGinty, it is necessary that different agencies that make up the Criminal justice system work
together (in partnership) to accomplish the eminence of justice expected
(Justiceinspectorates.gov.uk, 2019). These agencies must work at the right moment, agreeing
shared priorities and must always work collectively with a shared purpose. In the UK, the
police, CPS and the courts, among other agencies, together form Local criminal justice
partnerships (LCJP). According to the chief Inspector of the CPS, many LCJPS exist in Wales
and England (where the English legal system operates) and has the membership of, “prisons,
youth offending services, crime commissioners, police, probation service providers, CPS and the
court service, and the senior representatives of voluntary sector” (Justiceinspectorates.gov.uk,
2019).
This report will discuss the partnerships within the English Legal system, looking at the main
types of law and principles of law and explaining the structure of the court system concerning
some criminal law cases.
Types and Functions of Law in the English Legal System (LO1)
As already stated, The UK has three distinct jurisdictions each with self-contained legal systems.
England and Wales, Scotland, and Northern Ireland. The two main types of law in the English

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legal system are civil and common law (Truitt, 2006). England and Wales also operate on as a
system that involves a combination of legislations and creation of precedents.
Civil Law
The European concept of civil law is that it does not incorporate binding case law (Novakovic,
2019). Civil law adopts the use of codes as sources of law, and little effect of case law and
concepts of precedents can be felt (McGourlay and Thomas, 2017). The legislation is passed by
parliament that consists of Monarch, which is the House of Commons and the House of Lords.
People with the Prime minister elect the House of Lords as a member of the house. The court
system and case law take the role of controlling the judiciary
Civil law has many divisions. Most branches of civil law that guide court cases are contract law,
family law, the law of succession, company law, employment law, land law, and the law of tort
(Huxley-Binns, Martin and Frost, 2013). There exist areas of law that are regarded as unique
and those on which courts are required to adjudicate.
Common Law
This is the law that is created by judges through the creation and following precedents in earlier
decided cases (Vollans and Asquith, 2011). This particular type of law heavily depends on the
hierarchal structure of the courts, and the part of the decision that is binding on later courts is the
ratio decidendi. Anything else apart from this is obiter dicta and is not binding at all. There is
no basis of a statute under common law. Only written opinions of judges (in the past) at the end
of the trial are used as law in the decisions of present cases. The views from the judges of lower
courts but within the same jurisdiction.
It should be noted that despite this being the popular meaning of common law, it is not all laws
common law derive from case law. Most countries that have adopted this system of law have
legislative bodies within their democracies and which are responsible for passing new
legislation. The judiciary interprets the legislation and applies it relevantly during trials. The

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decisions made are then used in the determination of future cases under a doctrine called stare
decisis also known as Judicial Precedent (Gaines and Miller, 2008). The law of contract, tort and
law relating on property are derived from common law. It is argued that common law is
convenient, impartial and efficient. When precedent is followed to the latter, people regard that
as fairness in that it means all people get fair treatment. The law is convenient because it is
possible to predict the outcomes of a particular case as one will compare the facts of the trial
setting a precedent and the case at hand. Efficiency result from the fact that interpretation by the
judiciary is fast because already, a framework of the ruling is already set in place.
Nevertheless, this type of law in the English Legal system is likely to perpetuate wrong or
somewhat unfair judgments especially when there lacks precedent for the case at hand in the
court of law. When the wrong decision is made law, it remains so if it is done by a higher court,
unless the same court or a higher court overrides it. This does not happen very often as courts
rarely overrule their own decisions. More severe problems result when the court has to make
new law where no previous law particular to the case at hand existed (TransLegal, 2019)
Common law is to be contrasted to and on equal foothold with statutes adopted via legislative
procedures to include regulations made by the executive branch of government. There has been
a provision made by jurisdictions with common law as one of its rules and other types. All
issues identified above are a case of pure common law where courts inherently make definitions
of the law even in case where there is no other law or regulation to guide them. However, there
is an interstitial common law that involves judges interpreting and determining the fine
boundaries and distinctions in law propagated by other bodies (Blackstone, 2016).
The Principles of Laws relating this to Criminal Law (L01)
The principle of stare decisis applies in many criminal law cases. Stare decisis is a Latin term
that means let the decision stand (Spohn and Hemmens, 2012). The decisions of previous cases
by higher courts become binding on lower courts unless the facts of the cases are different. This
doctrine does not have a vertical effect. It has a horizontal effect in that some courts are not only
bound by the decisions of superior courts but also by their own previous decisions. The

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Criminal division of the Court of Appeal can deviate from one of its own decisions when it in
convinced that such a case was wrongly decided and would cause hardship when followed
especially when it regards matters of citizen’s liberty. This can be seen in the case of R v Gould
(1968) which was an appeal case of marriage that disregarded the offence connected to the
second marriage. A similar criminal case of Broome v Cassell & Co Ltd (1972) raised the same
issue of the role of precedent in English law.
The Structure and Hierarchy of Criminal Courts and how they work in the English Legal
System. (LO2)
The Supreme Court of the United Kingdom
This is the most superior court in almost all cases in England and Wales (Fafinski and Finch,
2018). It is the final court of appeal in the UK. It hears appeals that regard matters of public
significance for the whole of the UK in civil cases and particularly for England and Wales
(English legal system) and Northern Ireland it hears criminal cases (Holland and Webb, 2013).
The court was authorized formally by the Constitutional Reform Act of 2005, and it was
officially established in 2009. The case of R v Rollins (2010) was a criminal case decided by the
Supreme Court of the UK. The court dismissed the appeal of Mr. Neil Rollins on the grounds of
holding that the Financial Services Authority did not have the power to prosecute on money
laundering offences. Rollins had been accused of infringing the provisions of Section 52 of the
Criminal Justice Act of 1993 and secondly for offences of money laundering against the
provisions of section 327 as read with 328 of the Proceeds of Crime Act 2002 (POCA). The
issue of hierarchy can be seen when the appeal had been rejected by the crown court and the
court of appeal. From there Rollin appealed to the Supreme Court.

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Senior Courts of England and Wales
The Court of Appeal
This is an appeals Court and together with the High Court, they are called the senior courts of
Wales and England (Judiciary.uk, 2019). The Court of Appeal has been subdivided into two: the
criminal and the civil departments. It deals with appeals from different courts to include
tribunals. The Civil division deals is an appeal from the High Court and County Court together
with some superior tribunals. On the other hand, the Criminal division deals with appeals from
the Crown Court connected with serious offences. The decisions from this court are binding to
all courts including itself apart from the Supreme Court. The Court of appeal decides the
criminal case of Regina v R (2012). In the case, the court of appeal can be seen to have power
over the crown court when the vice president orders that the appellant should apply to the crown
Court and that the court should not subject the appellant to imprisonment as he had already been
there for a long time.
High Court
It is a court of first instance and also a civil and criminal appellate court. It is comprised of the
Queen's Bench, the Chancery and the Family divisions (Routledge, 2017). The case of Cherpion
v DPP was an appeal case involving an offence of driving under the influence of alcohol. The
appeal was as a result of the decision of the magistrate court that had convicted him.
Crown Court
This court deals with criminal cases. It has both appellate and original jurisdiction. It has been
given the power to make rulings over cases on indictment and when doing so, it is the superior
court such that the Queen’s Bench cannot override its decisions (Routledge, 2017).

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Subordinate Courts.
In England and Wales, the subordinate courts are County Court, Family Court, Magistrate’s
Court, and the Youth Court. The Magistrate court is a criminal Court where all criminal
proceedings start. It can be said to be the lowest in the hierarchy of criminal cases (Routledge,
2017).
Different types of Offenses with reference to case studies (LO2)
Offenses are an extensive area of criminal law. Common law offenses have been established
under English Criminal law. This report will only touch on three: Rape, murder, and
manslaughter.
Rape
Rape is a sexual offense in England and wales. It is not only a common law offence but also a
statutory offense. Rape is the act of penetration of a man’s sexual organ (penis) to another
person without consent. Penetration by another object other than a penis is called Assault by
Penetration. This has been expressly stated in the Sexual Offence Act 2003 section 2 and 4. Rape
can be by deception if the procurement of the sexual activity was by deceit. Deceit here is the
Mens rea. The case of R v Linekar (1995) is an example of case of rape by fraud. The accused
had procured sex services from a sex worker but failed to pay for it afterwards.
Murder
Murder is the most serious form of homicide in England and Wales set out under Chapter 11 of
the Homicide Act Chapter 11 of 1957. It is defined as an act of causing death to another with the
intention to unlawfully cause serious bodily harm and death. Malice aforethought is the Mens
rea. Causing death is the actus reus. Causation is an important element when talking about cases
of murder because an act by another may break the chain of causation. For example, the case of

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R v Jordan (1956) has been crucial in determining causation. In the case, the circumstances and
medical treatment that follow serious bodily harm are irrelevant in determining causation. In the
case, the appellant (a member of the United States Air force) could not be held liable of the
death of the victim because at the time of the victim’s death, the wound caused by the Defendant
was almost healing.
Manslaughter
It is said to be a less serious offense than murder. What makes the difference is mens rea or by
reason of partial defense. Causing death by partial defence leads to what is termed as voluntary
manslaughter (Great Britain: Law Commission, 2006). Manslaughter by gross negligence can be
seen in situations where the defendant owes the victim a duty of care but acts negligently
causing death. R v Bateman was decided by the Court of Criminal Appeal showing that the
Defendant had acted negligently by breaching his duty of care by an act of gross disregard for
life and safety of others leading to the death of another.
Analysis of How the Criminal Justice system proceed with Criminal Offenses (LO2)
The criminal justice process is the precise case where partnerships can be seen in the English
Legal system (Vick, Shoolbred and Farndale, 2014). Many agencies come together to deal with
offenders. In analyzing how criminal justice agencies handle offences, it is a test of whether the
process is effective in punishing offenders and whether the procedures set by law are correctly
followed. In England and Wales, there are 43 police forces which are responsible for the
investigation of crime, collecting evidence and arresting and holding suspects of crimes. It is not
all trials that start by the police (Waterfield, 2019). Agencies such as HM Revenue and
Customs, the Environment Agency and even the Health and Safety Executive may handle
criminal cases. It is good to note that one is innocent until proven guilty in a court of law. That
is why they are named as suspects. That is one area that criminal justice has really tried. Long
ago, during the times of emperial China, one was regarded guilty until he proves to be innocent
(Waterfield, 2019). The use of common law and civil law by courts is itself a step to making
sure that there is fairness in the decision reached. As already noted, following precedents

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ensures justice is served in that there is equality in the decisions met if at all the facts are
absolutely similar. In other words, there is uniformity in decisions reached. The criminal justice
process is also fair in that it regards minor offences with little punishment like fines (penalty
notice), community service and caution or rather warning. It would be quite unreasonable
punishing minor crimes like unaware trespass with imprisonments. The criminal justice system
also allows the accused to defend themselves in courts of law and that includes having the right
to legal representation. When the accused cannot afford an advocate, he or she is provided with
one. There have been arguments however that the criminal justice system in Wales and England
has failed witnesses and victims. The conversation (2018) argues that this is an issue of the top
leadership of governmental agencies especially with cutting the budget down.
Conclusion
The English legal system in law is the legal system that courts of law in England and Wales
administer in civil and criminal cases. Within this system, is criminal justice which requires
different agencies working together (in partnership) to accomplish the eminence of truth and
justice expected. Types of dominant law in the English legal system are common law and civil
law. Within the English system is a well-defined court system that works towards the goal of
criminal justice. At the top of the hierarchy is the supreme court of the United Kingdom
followed by Senior Courts of England and Wales (Court of Appeal and the High Court) then the
Crown Court and lastly the subordinate Courts (County Court, Family Court, Magistrate’s
Court, and the Youth Court.). These courts as discussed play a major role in the decision of
some criminal offences such as murder, manslaughter, and rape.
Bibliography and References
Cases
R v. Gould [1968] 2 Q.B 65

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Broome v Cassell & Co Ltd [1972] AC 1027 at 1098
R v Rollins [2010] UKSC 39. 29
Regina v R (2012) EWCA Crim 2565
Cherpion v Director of Public Prosecutions - [2013] All ER (D) 44
R v Linekar. R v Linekar [1995] 3 All ER 69 73
R v Linekar [1995] 3 All ER 69 73
R v Jordan (1956) 40 Cr App R 152
R v Bateman (1925) 19 Cr App R 8
Legislations
Criminal Justice Act 1993 (c 36)
Proceeds of Crime Act 2002 (c.29) (POCA
Sexual Offences Act 2003 (c 42)
Wales Act 2006 (c 32)
Constitutional Reform Act 2005 (c 4)

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Homicide Act 1957 (5 & 6 Eliz.2 c.11)
Others
Blackstone, W. (2016). Commentaries on the laws of England. Oxford University Press.
Fafinski, S. and Finch, E. (2018). English legal system. 7th ed. New York: Pearson Longman.
Gaines, L.K. and Miller, R.L., 2008. Criminal justice in action. Nelson Education.
Great Britain: Law Commission (2006). A new homicide act for England and Wales?. Norwich:
Stationery Office.
Holland, J. and Webb, J. (2013). Learning Legal Rules: A Students' Guide to Legal Method and
Reasoning. Oxford: OUP Oxford,.
Huxley-Binns, R., Martin, J. and Frost, T. (2013). Unlocking the English legal system.
Routledge,.
Judiciary.uk. (2019). The Court of Appeal. [online] Available at: https://www.judiciary.uk/you-
and-the-judiciary/going-to-court/court-of-appeal-home/ [Accessed 8 Apr. 2019].
Justiceinspectorates.gov.uk. (2019). Local Criminal Justice Partnerships. [online] Available at:
https://www.justiceinspectorates.gov.uk/cjji/media/press-releases/2015/10/local-criminal-
justice-partnerships/ [Accessed 8 Apr. 2019].
McGourlay, C. and Thomas, M. (2017). English Legal System Concentrate. Oxford University
Press.

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Novakovic, M. (2019). Common Law and Civil Law Today - Convergence and Divergence.
Vernon Press, pp.199-273.
Routledge (2017). English Legal System Lawcards 2012-2013. Routledge.
Spohn, C. and Hemmens, C. (2012). Courts: A Text/Reader. Thousand Oaks, Calif.: SAGE
Publications, p.33.
The Conversation. (2018). UK criminal justice is at breaking point after years of unstable
leadership. [online] Available at: https://theconversation.com/uk-criminal-justice-is-at-breaking-
point-after-years-of-unstable-leadership-91767 [Accessed 8 Apr. 2019].
TransLegal. (2019). Common law systems - TransLegal. [online] Available at:
https://www.translegal.com/lesson/common-law-systems [Accessed 8 Apr. 2019].
Truitt, W. (2006). The Corporation. Westport, CO: Greenwood Press.
Vick, R., Shoolbred, C. and Farndale, W. (2014). The Administration of Civil Justice in England
and Wales. Kent: Elsevier Science.
Vollans, T. and Asquith, G. (2011). English legal system. Oxford: Oxford University Press.
Waddington, L. and Lawson, A. (2018). The UN Convention on the Rights of Persons with
Disabilities in practice. Oxford, UK: Oxford University Press.
Waterfield., C. (2019). Police and Citizenship: The Police Service of England and Wales.
[online] Open.ac.uk. Available at:
https://www.open.ac.uk/Arts/history-from-police-archives/PolCit/polservice.html [Accessed 8
Apr. 2019].

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