English Law and Legal System - Criminal Law

This assignment presents a discussion on the main types and principles of law. In addition to that, a detailed analysis of the types of law prevailing under the English Legal System will be provided. The main principles relating to criminal law will also be discussed in this assignment. It will also analyze the structure and workings of the Criminal courts under this system. A detailed analysis of the route for appeal in the criminal court structure will also be provided.

Running head: ENGLISH LAW AND LEGAL SYSTEM
Criminal Law
Name of the Student
Name of the University
Author Note

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Introduction
The English Law has evolved from the Legal System of Common Law prevailing in the
England and Wales. The English Legal System has under its purview both the Civil and
Criminal Legal Structures (Partington 2016). Under the English Law Regime, both the Civil
and the Criminal legal systems have their own procedural and judicial structures. The main
sources from where the English Legal System gains the authority are the prevalent laws.
Among these laws, the statutory legislation and the common law precedents has the utmost
authority. The conventions of the Parliament, the customs and other academic volumes. The
authority, under the English Law, is exercised by the Judiciary and the courts are another
significant and crucial part of the English Legal System. The judiciary under the English
Legal System has been divided under different strata, both laterally and vertically (Pakes
2017). According to the kinds of cases they address, the courts under this system can be
categorised into civil courts and criminal courts. There exists further subdivisions among the
civil and criminal courts.
This assignment will present a discussion on the main types and principles of law. In
addition to that, a detailed analysis of the types of law prevailing under the English Legal
System will be provided. The main principles relating to criminal law will also be discussed
in this assignment. It will also analyse the structure and workings of the Criminal courts
under this system. A detailed analysis of the route for appeal in the criminal court structure
will also be provided.
Main Body
The English Legal System is a bundle of different legal systems, which includes Civil
Law, Criminal Law, Common Law and Statute Law. The statutory legislations have the
supreme authority over all other laws prevailing in the United Kingdom. These legislations

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includes the Parliamentary Acts, by-laws and regulations. The principal law makers in the
United Kingdom are the Parliament of the United Kingdom. The parliament is solely
entrusted with the power to make laws that is applicable in the country. The Parliament of the
United Kingdom has two Houses, namely, the House of Lords and the House of Commons
(Williams 2014).
In case, there is an absence of statutory laws with respect to a situation, the common law
principles will prevail. These common law principles have evolved from the decisions of the
courts and the prevailing customs. The common law has developed by the decisions of the
judges where both the laws contained in the statutes and the principles of law that has been
formulated in the previous decisions of the court. In this context, it can be stated that the
decisions of the appellate courts gains the authority of Law (Carlen and França 2017).
There are mainly two kinds of laws, namely the Civil law and the criminal law. The laws
that are concerned with the civil wrongdoings and contracts are referred to as the civil laws.
The law of property is also included in the Civil law system. Civil law can be divided into the
substantive and the procedural laws. The basic concern of the Civil law are the rights and
interests of the people. It also includes the different duties that are imposed upon a person by
virtue of their existence in the society. The proceedings that are instituted under the Civil law
regime are generally concerned with compensation and fines and does not encourages
punitive measures. However, punitive and exemplary damages are in certain cases awarded in
the proceedings under this system. This system of law is generally concerned with pecuniary
injuries and extend to emotional injuries. Under this system, proceedings are initiated for the
purpose of recovery of losses. Civil law provides the party having a claim, which is
enforceable to implement that in order to avail remedy in the form of declaration or damages
(Gowland and Walker 2015).

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The criminal law is another legal system that is concerned with crimes and offences.
Under this system, different preventive measures and punitive sanctions are implemented in
dealing with different offences and crimes. Unlike civil law, a criminal wrong is regarded as
to be committed against the whole society. The main concern of the criminal law is not an
individual victim but the whole society. Criminal law also includes different preventive and
precautionary techniques to prevent crimes. The criminal law gains its authority from the
prevalent criminal statutes and the common law. The main concern, in this regard, is the
reason for which certain acts are considered to be crime (Simbeye 2017).
In this context, two elements required to be found in an act namely, actus reus and mens
rea. Actus reus implies the culpability of an act where has mens rea is concerned with the
culpability of mind. The criminal offences are generally effected by the influence of two
factors. One of the factors is the Actus reus that implies the act of the person, which has the
element of the criminality within it. It is an external target or objective that has influenced the
crime. This concept of the criminal justice system has evolved from the common law. This
implies an act to be present to constitute a crime. The other element of a crime includes mens
rea, which indicates the intention of a person to indulge into a criminal activity. This is a
mental element of a criminal activity. To constitute a crime, the mental probability of the
person to commit a crime or to indulge into an activity, which has the probability of causing
harm to a person, needs to be established. To bring an activity under the purview of a crime
both the presence of mens rea and actus rea are important. This because of the contention that
a criminal activity needs to be backed by a criminal mentality to effect that activity. The
consequence of the commission of a crime generally attracts punitive measures, although
there are certain cases where exemplary damages are also available along with punitive
measures (Kirby 2017).

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The judicial precedents implies the principles that has evolved with decisions the cases
before the courts in the previous proceeding. The decisions of a case, already decided are
binding upon the subsequent cases. This doctrine is concerned with the principle, arrived at a
case before the court, which has the status of law when applied in the subsequent cases of
similar nature. The decisions of the superior courts under this doctrine are binding upon the
subordinate courts. Generally, a judgement consists of two sections. The first one being the
Ratio Decidendi whereas another one implies the obiter dictum. The term ration decidendi
implies the principle based on which the case has been decided. The term obiter dictum
implies any statement made by the judge while deciding in a case. The obiter dictum in a case
does not have any binding authority but is just a principle that has been mentioned collateral
to the decision of the court (Haigh 2018).
The hierarchy of the courts prevailing in the United Kingdom is governed by the tribunal
services and Her Majesty's Courts. The courts in the United kingdom includes the
magistrates’ courts, the county court, the crown court, the high court and the court of appeal.
The supreme court has the supreme authority over all other courts in the United Kingdom.
This court implies the highest appellant court existing in the legal system of the United
Kingdom. The court of appeal handles the appeals that has been preferred from the decisions
of the civil and criminal divisions. The decisions of this court is binding upon all the courts of
the country, except for the Supreme Court. The high courts in this system are conferred with
the power to try civil cases in its first instance and appeals from criminal cases. The crown
courts however has both the original and appellate jurisdiction over criminal cases. It also has
the jurisdiction over civil proceedings relating to minor businesses. The crown court has the
sole power to try indictment cases that involves the charge of a serious crime or offence. The
other inferior courts in the English legal system includes the county courts, the family courts,
the youth courts and the magistrates’ courts (Thomas and McGourlay 2017).

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These divisions of the courts implies a hierarchy which makes the decisions of the higher
court to be binding upon the lower court. However, the decisions of the lower court does not
have any authority over the higher court. The higher court has the power to overturn the
decisions arrived at by the inferior courts but the reverse is not legitimate (Finch and Fafinski
2018).
The parties to a dispute that has been brought before the court has the duty to prove their
points in the court. The obligation that requires them to proof their point in a particular case is
referred to as the burden of proof. In case a contention of dispute has been brought before the
court, the obligation lies upon the party against whom the contention has been brought to
prove his innocence or the side of the situation. Once the party is successful proving his side,
the burden of proof shifts towards the other party and the other party has the burden of
disproving the same. Another aspect of the judicial proceedings needs the standard of proof
to be maintained in providing an evidence. This involves the degree or the certainty to which
the evidence is authentic. The evidence provided in a case needs to be apt enough to prove a
case beyond the reasonable ground (Kelly 2015).
One of the most complex structure of the courts in the world can be witnessed in the
criminal court structure in the United Kingdom. The complexity of the criminal court
structure in the country is owing to the gradual development of the criminal court system that
has made way to the present day complex structure. The courts of criminal justice in the
United Kingdom has been developed and expanded over one thousand years, which was a
gradual process with a considerable amount of variations witnessed with time (DAVIES,
CROALL and TYRER 2015).
The criminal cases arising in the nation is addressed by different courts depending on the
severity of the cases to be addressed. The majority of the criminal cases are generally

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instituted and initiated in the Magistrates’ courts. In case the proceeding before the
Magistrates’ court is deemed to be complex and serious and the same is conceived to be
outside the jurisdiction of the Magistrates’ court, the same can be transferred to the Crown
Court, which is entrusted with the power to try and decide in the more serious offences. The
decision of the Crown Court is binding upon disputed parties. In case the parties are not
satisfied with the decision of the Crown Court, they will have the remedy of preferring and
appeal from the decision of the Crown Court. An appeal can be preferred to the court of
appeal in such a situation. however, the decisions of the Crown Court that has been made on
indictment, has the authority of the decision of a superior court and no appeal lies from the
same (ELLIOTT and QUINN 2016).
The High Court has the authority to address and try the appeals that has been preferred
from other courts subordinate to it. It generally has the appellate jurisdiction with respect to
civil proceedings. It has the power to hear appeals from the inferior criminal courts. The
hierarchy of the criminal courts can be initiated with the Magistrates’ court at the bottom with
which the proceedings are initiated. The cases that exceeds the jurisdiction of the
Magistrates’ Court, are taken to the Crown Court as an appeal to be preferred from the
decision of the Magistrates’ Court. In case the decision of the decision of the Crown Court
seems to be unjust to the parties, an appeal can be preferred to the High Court (Vogler 2017).
The structure of the Crown Court is somewhat complicated in nature. While addressing a
trial on indictment, the Crown Court has the power of a superior court. This power is
conferred upon the Crown Court with respect to the judicial review. That is to say, the
decisions of the Crown Court while deciding on an indictment, does not confer a right upon
the parties unsatisfied with it to prefer an appeal. This such a situation, the Crown Court is
taken as a superior court and the decision is binding upon the parties. The decision thus
arrived upon is outside the scope of judicial review. In case of the indictment hearings, the

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judges of the Crown Court has the power to decide on a case in an independent manner.
There should not be any influence upon the decision of a judge. However, the judges
deciding on a case must act in an impartial manner and needs to refrain from any disputes.
The decision of the judges in deciding the case needs to be based on the legal principles
relevant to the case and the evidence that are made available to the court. However, the courts
in arriving at a decision has the power to call for further evidences if it deems fit to the court
(Malsch 2016).
The Court of Appeal has the highest authority over all other criminal courts prevailing in
the United Kingdom apart from the Supreme Court. The Court of Appeal has the appellate
jurisdiction with respect to criminal cases. The decisions from the inferior criminal courts are
tried under the criminal appellate jurisdiction of the Court of Appeal. The decisions of the
Court of Appeal are binding upon all other courts in the United Kingdom except for the
Supreme Court. The Court of Appeal has the authority to hear appeal from the decision of the
Crown Courts (Lemmings 2016).
Conclusion
In the light of the above discussion, it can be concluded that, the English Legal System is a
bundle of different legal systems, which includes Civil Law, Criminal Law, Common Law
and Statute Law. The statutory legislations have the supreme authority over all other laws
prevailing in the United Kingdom. In case, there is an absence of statutory laws with respect
to a situation, the common law principles will prevail. There are mainly two kinds of laws,
namely the Civil law and the criminal law. The laws that are concerned with the civil
wrongdoings and contracts are referred to as the civil laws. The criminal law is another legal
system that is concerned with crimes and offences. Under this system, different preventive
measures and punitive sanctions are implemented in dealing with different offences and

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crimes. The hierarchy of the courts prevailing in the United Kingdom is governed by the
tribunal services and Her Majesty's Courts. The courts in the United kingdom includes the
magistrates’ courts, the county court, the crown court, the high court and the court of appeal.
The supreme court has the supreme authority over all other courts in the United Kingdom.
This court implies the highest appellant court existing in the legal system of the United
Kingdom. The court of appeal handles the appeals that has been preferred from the decisions
of the civil and criminal divisions. The decisions of this court is binding upon all the courts of
the country, except for the Supreme Court.

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References
Carlen, P. and França, L.A. eds., 2017. Alternative criminologies. Routledge.
DAVIES, M., CROALL, H. and TYRER, J. (2015) Criminal Justice. 5th edn. Essex: Pearson
Education Ltd.
ELLIOTT, C. and QUINN, F. (2016) English Legal System. 17th edn. Essex: Pearson
Education Ltd.
Finch, E. and Fafinski, S., 2018. Law Express: English Legal System. Pearson UK.
Gowland, M.H. and Walker, M.J., 2015. Food allergy, a summary of eight cases in the UK
criminal and civil courts: effective last resort for vulnerable consumers?. Journal of the
Science of Food and Agriculture, 95(10), pp.1979-1990.
Haigh, R., 2018. Legal English. Routledge.
Kelly, D., 2015. The English Legal System: 2015-2016. Routledge.
Kirby, A., 2017. Effectively engaging victims, witnesses and defendants in the criminal
courts: a question of “court culture”?. Criminal Law Review, 12, pp.949-968.
Lemmings, D., 2016. Introduction: criminal courts, lawyers and the public sphere. In Crime,
Courtrooms and the Public Sphere in Britain, 1700-1850 (pp. 15-36). Routledge.
Malsch, M., 2016. Democracy in the courts: Lay participation in European criminal justice
systems. Routledge.
Pakes, F., 2017. Comparative criminal justice. Routledge.

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Partington, M., 2016. Introduction to the English legal system 2016-2017. Oxford University
Press.
Simbeye, Y., 2017. Immunity and International Criminal Law. Routledge.
Thomas, M. and McGourlay, C., 2017. English Legal System Concentrate. Oxford University
Press.
Vogler, R., 2017. A world view of criminal justice. Routledge.
Williams, A., 2014. Forensic criminology. Routledge.