An Analysis of the UK Judicial System: Courts, Appeals, and Roles

This report provides a comprehensive overview of the UK judicial system. It begins with an analysis of the UK court structure, detailing the jurisdiction of each court, including the Supreme Court, Court of Appeal, High Court, County Courts, and Tribunals. The report then compares and contrasts the functions of criminal and civil courts, highlighting differences in procedure, purpose, punishments, and the burden of proof. It assesses the grounds and routes for appeal in both civil and criminal courts. The report further examines the roles and functions of legal personnel, including judges, barristers, solicitors, and bailiffs, and evaluates the concept of the fusion of the legal profession, discussing its advantages and disadvantages. Additionally, it explores the role and function of lay people (juries and magistrates) in the judicial system and evaluates their contribution. The report concludes by evaluating at least two alternative methods for settling legal disputes, such as mediation and arbitration, comparing their advantages and disadvantages relative to traditional court proceedings.

The Judicial System

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
Analyse UK court structure and the Jurisdiction of each court. ............................................1
TASK 2............................................................................................................................................2
Compare and Contrast functions of Criminal and Civil Courts. ..........................................2
TASK 3............................................................................................................................................3
Assess the grounds and routes for appeal in both the civil and criminal courts.....................3
TASK 4............................................................................................................................................3
Role and function of legal personnel and evaluate aspect of fusion of legal profession........3
Role and function of lay people and evaluate how it contributes to judicial system.............5
TASK 5............................................................................................................................................6
Evaluate at least two alternative method for settling legal disputes.......................................6
Advantage and disadvantages of these methods in compare to going court.........................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................1

INTRODUCTION
Judiciary or Judicial system refers to branch of law that interprets and enforces the law in
the name of state and provides a mechanism for resolution of disputes. The report discusses
about structure of UK judicial system and the functions of Criminal and Civil courts.
TASK 1
Analyse UK court structure and the Jurisdiction of each court.
In United Kingdom legal system is spilt into hierarchical structure that comprises of
different forms of court assigned to address different matters. The legal system of England and
Wales compose of the following bodies and Jurisdiction of each court: Supreme Court of United Kingdom: It is the higher most body of civil judiciary in the
UK and it deals with both cases of Criminal and Civil concern in England and Wales.
The Constitutional Reform Act, 2005 made provision for the creation of a new Supreme
Court for UK. Court of Appeal and Civil Division: The Royal Court of Justice in London is spilt into
two divisions the criminal and civil and deals only in Appeal cases. Court Of Appeal
constitute as a part of Senior courts in England and Wales and it works below Supreme
court in UK. (Birch, 2013). The High Court of Justice: It is the most common civil court and deals with most civil
cases. It serves as Civil Court of first request and a Criminal appellate court for the cases
of subordinate courts. High Court ids divided into 3 benches i.e. Queen's Bench Division,
Family and Chancery Division all the three sections deals with different cases and
provide justice according to cases they deal with. Country Courts: Jurisdiction of this court is purely based on Civil cases and it is operated
in 92 towns and cities across all of England Wales. Country Courts is responsible to
undertake majority of legal action and cases which are related to civil matters and judges
which provide decision under these cases includes District or Circuit Judges.
 Tribunals: It relates to the matter like; Immigration, employment, Child Welfare, etc.
that occurs in England and Wales. In UK, separate tribunals are established for different
areas all across the UK.
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TASK 2
Compare functions of Criminal and Civil Courts.
The comparison between Criminal and Civil court is as follows:
Criminal Law:
In United Kingdom criminal law ensures every citizens of the country should
knows the boundaries of acceptable conduct in UK. In Criminal Cases, the trial is held in the
crown court for more serious cases or magistrate court for minor matters.
Civil law:
This law exists to protect individuals against one another or the State and other legal
bodies by setting out the right and duties of individuals. It deals with behaviour that constitute an
injury to a person or other private party like; Corporation or firm, etc.
Comparison between Criminal and Civil Law is as follows:
Basis Criminal Law Civil Law
Procedure Lawyers in Criminal cases
work from the begins to end
and the procedure involves
filing the case, investigation,
visiting police station, taking
witness statement, etc.
In Civil cases procedure starts
from pleadings, motions,
scheduling conference and
order, discovery, trial and
appeal.
Purpose The purpose of criminal law is
to punish the wrongdoer and
deter him from doing further
crimes (.Blankenburg and
Niemeijer, 2014).
The aim of civil law is to
award compensation to the
party who suffers the loss.
Punishments Individual found guilty under
criminal law is punished by
sentencing him to jail and
imposed a fine in exceptional
cases by government.
In Civil law defendant is not
imprisoned when found liable
but reimburse the claimant for
losses caused by him/her.
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Filing of Cases Criminal cases are filed in
court by the government.
These cases are filled by
private parties either against
the corporation or an
individual person.
Power of Appeal In criminal cases only
defendant can appeal for the
decision of court.
In civil cases both the parties
i.e. defendant and claimant can
appeal against the decision of
court.
Burden of Proof The burden of proof in
criminal law lies over the
prosecution.
In civil law it is usually the
claimant is needed to give
proof (Doherty and Hayes,
2014).
TASK 3
Assess the grounds and routes for appeal in both the civil and criminal courts.
There is a right of appeal for individuals when they are not satisfied with the decision
made by the lower courts. In UK there is a set procedure to be followed while appealing in Civil
and Criminal Courts. Civil procedures rule 1998 and Access to Justice Act 1999 has created one
universal appeal system within this Act appeals are allowed on the grounds that decision made
by lower courts has suffered from serious procedural error or incorrect or there is irregularity
(He, 2012).
In Civil case the appellant is required to appeal in the lower courts first and if he/she is
not satisfied with the procedure they can appeal at higher level courts. Appeal for criminal cases
involves long procedure government can appeal in Crown Court, Queen's Bench Divisional
Court whereas defendant can appeal only in Court of Appeal under criminal division.
TASK 4
Role and function of legal personnel and evaluate aspect of fusion of legal profession.
There are many people involved in trials and each of these people has specific role. Court
personnel includes the Judge, Jury and legal counsel where a court clerk assist the judge and
records trial. The legal counsel presents the case in front of the court and this how the procedure
of trial begins in different courts.
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Role of Judge:
The judiciary system is independent and work without the interference of any
government body. Judge has the power to decide what punishment will be given to a defendant
in case if he/she is found guilty under the law of land. Judge is responsible for listening to the
viewpoints of both the parties and analyse the case carefully before giving any judgement.
Role of Barrister:
Barrister is a lawyer in common law jurisdiction and specialist in courtroom advocacy
and legal actions. Barrister duty is to take cases in superior courts and tribunals if the judgement
is incorrect , researching the philosophy, drafting legal pleadings, history of law , giving expert
legal opinions and hypothesis. Barrister address the jury on the facts of the case and provide
what they believe the verdict is in relation to their client.
Role of Solicitors:
Solicitors are termed as legal practitioner who deals with the legal matters in some
Jurisdiction. In UK Solicitors is required to practice under the provision of The Solicitors Act,
1974 and require a practising certificate. The role of Solicitors is to give legal advice and
conducting legal proceedings (Kanzenbach, 2017).
Role of Bailiff:
The role of Bailiff's is to ensure that courtroom procedures are carried out correctly. They
maintain security and order during courtroom proceedings, ensuring the needs of Jury are met.
The job of Bailiff is to prepare courtrooms for sessions, Relaying message between Juros and
court. Handle physical evidence and operate playback equipment.
Fusion of Legal Profession:
Profession and work of Barrister and Solicitor are separate and they address the case in
different manner. It is not possible to belong to both the branches of legal profession at a same
time but a Barrister can become a Solicitor and vice versa. There are difference in the training,
regulation and roles between barrister and solicitors. The fusion of these two profession will
have certain advantages i.e.:
 It would eliminate wasted effort and duplication of work because the case would be
explained to a single person who will guide and provide overview of the case as Solicitor
and help in research work as barrister. '
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 Further, it would ease the situation for Young lawyers as they would not have to decide
which part of the profession to join (Sharpe, 2014).
Disadvantage:
 Standards maintained by advocacy would be in a risk, because of the lack of experience
in particular type of case.
 There will be risk to professional ethics as the relationship maintained between barristers
and judges is of highest integrity that will be broke down due to fusion of profession.
Role and function of lay people and evaluate how it contributes to judicial system.
Lay people refers to, non-qualified and ordinary people in the legal system. They are
included in judicial courts in order to make system fairer and avoids criticising of people for
making decision behind the closed doors of courts. Lay people are Juries in Crown Court and
act as magistrates in the Magistrate court. There role is to decide the facts of a case whereas legal
professionals decide the Law that to be applied in the case.
The role of Lay people as Jury is to evaluate evidence presented to them and come to a
fixed decision about whether the defendant is guilty or not. It is important for Jury to reach up to
unanimous verdict and if the Lay people are not able to reach to any such decision then a
majority vote will be allowed (Silvestri, 2013).
Juries function in High court and it can be used in civil cases like case of fraud,
defamation, false imprisonment and malicious prosecution. They act similarly like Judges in
these cases and decide who wins the verdict and the damages that will be awarded.
Advantages of Lay People:
 This provide a fair justice to the defendant and claimant and assures fair procedure of
Judicial System .
 It provides public more confidence and build up a trust over Judicial and legal system of
country.
 Cases are dealt quickly and it saves money of Plaintiff.
Disadvantage:
 The Lay people are not professional and the decision made by them can harm the
claimant as well defendant due to lack of knowledge of legal system.
 There is an inconsistency in the decision reached by Lay magistrates as they are not in
touch of people they are judging and are influenced by certain class of people.
5

TASK 5.
Evaluate at least two alternative method for settling legal disputes.
The basic system of resolving any disputes is the trial with judges and litigation within
court. In order to avoid this process of dispute resolution parties can opt for Alternative Dispute
Resolution which helps in resolving disputes more effectively without any litigation. There are
different types of ADR i.e.: Mediation: It is a voluntary process that involves an impartial person that helps with
communication and promotes reconciliation between parties. The mediator helps party to
reach mutually acceptable agreement and help the parties to understand the view points
of each other side more effectively. The verdict of Mediator is not liable over parties and
they can approach for arbitration process if they are not satisfied (Sohn and Bal, 2012).
 Arbitration: This process involves an Arbitrator who listen to the disputes of and provide
an impartial judgement. It is similar to Court in functioning but it differs as the rights are
limited to arbitrator but the decision announced by Arbitrator is mandatory and like atrial
only one side prevails. They are commonly used in the area of labour disputes like; issues
regarding wages and salaries, Breach of contract or Uninformed Termination, etc.
Advantage and disadvantages of these methods in compare to going court.
Advantages of Mediation:
 The process of mediation is quick and saves both time and money of parties involved in
disputes as compare to trial and litigation in the court.
 Through this process any situation or disputes can be resolved which may not be possible
through Court trial.
 It is a simple process as there is no complex procedural or evidentiary rules which must
be followed. It allows for flexible solutions and settlements as relief available in court is
based on pecuniary damages and there is a less chance of equitable relief (Wang, 2014).
Disadvantage:
 It can create problem if any one or both parties are withholding information.
 There are chances of parties withdrawing from the process of mediation any time they
feel so. This cannot be possible in case of Courts until the case is been completely closed
or verdict is announced.
 It lacks the procedural and constitutional protections guaranteed by federal courts.
6

Advantages of Arbitration:
The process of Arbitration is less expensive then court trial as fees paid to arbitrator is
less expensive then the fee paid to Barristers and Solicitors.
Disadvantage:
The standard used by arbitrator is not clearly defined and at times they are not according
to the set procedure or laws (Weidong, 2018).
CONCLUSION
The report concludes that there are different personnel involved in a court trial who is
responsible for different activities like; Role of Judge is to provide verdict for the case concerned
whereas function of Barristers is to prove the case and make necessary findings regarding the
case.
7

REFERENCES
Books and Journals
Birch, A. H., 2013. British system of government. Routledge.
Blankenburg, E. and Niemeijer, B., 2014. Push and Pull of Judicial Demand and Supply. In
Institutional Competition between Common Law and Civil Law (pp. 299-322). Springer,
Berlin, Heidelberg.
Doherty, B. and Hayes, G., 2014. Having your day in court: Judicial opportunity and tactical
choice in anti-GMO campaigns in France and the United Kingdom. Comparative
Political Studies. 47(1). pp.3-29.
He, X., 2012. Black Hole of Responsibility: The Adjudication Committee's Role in a C hinese
Court. Law & Society Review. 46(4). pp.681-712.
Kanzenbach, K., 2017. The role of the compliance officer–a comparison of US, UK and German
law and practice.
Sharpe, J. A., 2014. Crime in early modern England 1550-1750. Routledge.
Silvestri, E., 2013. Alternative dispute resolution in the European Union: an overview. Russian
Law: theory and practice, (1), pp.106-118.
Sohn, D. H. and Bal, B. S., 2012. Medical malpractice reform: the role of alternative dispute
resolution. Clinical Orthopaedics and Related Research®. 470(5). pp.1370-1378.
Wang, M., 2014. Are alternative dispute resolution methods superior to litigation in resolving
disputes in international commerce?. Arbitration International. 16(2). pp.189-212.
Weidong, Y., 2018. Can the Introduction of Administrative Reconsideration Committees Help
Reform China's System of Administrative Reconsideration. U. Pa. Asian L. Rev.. 13. p.1.
Online
Arbitration Pros and Cons.2017. [Online]. Available Through.
<https://www.nolo.com/legal-encyclopedia/arbitration-pros-cons-29807.html>