1) If nothing goes wrong, he will be back in a fortnight.
2) If I had had enough money, I wouldnt have robbed your bank.
3) If constables were here now they would of course help us.
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to exercise functions ,
lay peer , ( )
Restrictive Practices court ,
Lords of Appeal in Ordinary
Court of Session
indictment
Queens Bench 1) 2) .
Chancery Division ( )
Old Bailey ( )
Common Sergeant -
lay justice
JUDICIAL ORGANIZATION
1) Superior courts. The highest court is the House of Lords, which exercises the judicial function of Parliament. In theory appeal to the House of Lords is an appeal to the whole House but in practice, particularly since the Appellate Jurisdiction Act, 1876, created a group of salaried life peers, the Lords of Appeal in Ordinary, or 'law lords', there is an established convention dating from 1844 that lay peers do not participate in judicial sittings of the House. Appeals are referred to an Appellate Committee of the House. By that Act an appeal must be heard by at least three of the Lord Chancellor, the Lords of Appeal in Ordinary, and such peers as hold or have held high judicial office. The House has almost entirely appellate jurisdiction only, in civil and criminal cases from the Courts of Appeal in England and in Northern Ireland and in civil cases only from the Court of Session in Scotland.
2) The Court of Appeal sits in both civil and criminal divisions. The Civil division hears appeals from the High Court, county courts, the Restrictive Practices court, certain special courts, and certain tribunals, such as the Lands Tribunal. The Criminal division hears appeals by persons convicted on indictment in the Crown Courts.
3) The High Court in its civil jurisdiction is divided into three Divisions (Queen's Bench, Chancery, and Family (formerly Probate, Divorce and Admiralty)) to each of which certain kinds of cases are assigned. Divisional courts (q. v.) of each of the divisions, consisting of two or more judges, have limited appellate jurisdiction in certain cases. The main civil jurisdiction is exercised by single judges hearing cases of the kind appropriate to the divisions to which the judges belong.
4) The criminal jurisdiction of the High Court is exercised exclusively by the Queen's Bench Division. A divisional court of two or three judges of that Division deals with appeals from a Crown Court and magistrates' courts, and also exercises the supervisory jurisdiction of the court, issuing the prerogative writ of habeas corpus and to ensure that magistrates' courts and inferior tribunals exercise their power properly, by granting orders of mandamus, prohibition and certiorari.
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5) The Crown Court, created in 1972, replaces the former assizes and quarter sessions. It exercises criminal jurisdiction and sittings are held regularly at major towns throughout England and Wales. It comprises judges of the Queen's Bench Division of the High Court, circuit judges and Recorders (part-time judges). They sit singly with juries trying persons charged on indictment with crimes. A judge of the Crown Court sits with two to four justices of the peace to hear appeals from magistrates' courts and proceedings on committal by magistrates to the Crown Court for sentence.
6) The Central Criminal Court, known as the Old Bailey, is a sitting of the Crown Court, having criminal jurisdiction only, over indictable offences committed in Greater London or on the high seas. The court consists of ex officio judges and in practice consists of judges of the Queen's Bench Division, the Recorder of London, the Common Sergeant, and certain additional judges of the Central Criminal Court.
7) Inferior courts. County courts have exclusively civil jurisdiction, which is limited in extent and in area, and which is entirely statutory. The judges are persons who also hold office as Circuit judges of the Crown Court.
8) Magistrates' courts consist of a stipendiary magistrate or of from two to seven (usually two or three) lay justices of the peace; a single lay justice has a very limited jurisdiction. Magistrates' courts have civil jurisdiction in 'relation to certain debts, licences, and domestic proceedings. In the exercise of criminal jurisdiction one or more justices may sit as examining magistrates to conduct a preliminary investigation into an indictable offence. A magistrates' court may try summarily many minor statutory offences, and also certain offences if the prosecutor applies for the case to be heard summarily, the court agrees it is a suitable mode of trial and the defendant does not elect jury trial. Cases may be appealed to the Crown Court or defendants remitted for sentence to the Crown Court.
