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Unit 9: Constitutional Structure: Judiciary

• the Family Division, and Notes
• the Queen’s Bench Division (including the maritime and commercial courts), for the more
important cases.
Appeals from the County Courts may also be heard in the High Court, though the more important
ones come before the Court of Appeal.
Appeals from the Court of Appeal are lodged with the House of Lords, which is the ultimate court of
appeal for civil cases throughout the United Kingdom.
In Scotland, civil cases are heard at the sheriff courts (corresponding roughly to the English county
courts) and in the Outer House of the Court of Session, which is the supreme civil court in Scotland;
appeals are heard by the Inner House of the Court of Session. Minor criminal cases are tried without
jury in the sheriff courts and district courts, and more serious cases with a jury in the sheriff courts.
The supreme criminal court is the High Court of Justiciary, where cases are heard by a judge sitting
with a jury. This is also the ultimate appeals court.
1. The House of Lords
The House of Lords is the final Court of Appeal in both criminal and civil matters for England,
Wales and Northern Ireland. For Scotland it is the final Court of Appeal only for civil matters.
The House of Lords and the Privy Council are the only Courts of the United Kingdom with
jurisdiction over all parts of the countries forming the Union.
A petition may only be presented with the permission of the Court below or with the permission
of a Committee of the House of Lords. Permission is only granted if the case involves a point of
law of public importance. The House of Lords may depart from precedents laid down in its
own previous judgments if it considers that the interests of justice require it to do so.
2. The Supreme Court
The judges of the Supreme Court of the United Kingdom are known as Justices of the Supreme
Court, and they are also Privy Counsellors. Justices of the Supreme Court are granted the courtesy
title Lord or Lady for life.
The Supreme Court is a relatively new Court being established in October of 2009 following the
Constitutional Reform Act 2005. Formerly, the Highest Court of Appeal in the United Kingdom
was the House of Lords Appellate Committee made up of Lords of Appeal in Ordinary, also
known as Law Lords, which with other Lord Justices now form the Supreme Court. Such Law
Lords were allowed to sit in the House of Lords and were members for life.
The Supreme Court is headed by the President and Deputy President of the Supreme Court and
is composed of a further ten Justices of the Supreme Court.
The Justices do not wear any gowns or wigs in court, but on ceremonial occasions they wear
black damask gowns with gold lace without a wig.
The Supreme Court embraces the Court of Appeal and the High Court which has both appellate
and first instance jurisdiction. The High Court has inherent jurisdiction to control the activities
of inferior courts and of the executive. This inherent jurisdiction can be abrogated by statute. By
statute appeals from the Crown Court arising from trials on indictment go to the Court of
Appeal. Appeals on other matters go to a Divisional Court of the High Court.
(i) The Court of Appeal
The Court of Appeal hears appeals in both criminal and civil cases. It sits in two divisions,
the Civil Division and the Criminal Division.
The Court of Appeal (Civil Division) hears
(a) appeals from the High Court
(b) appeals from the County Courts and
(c) appeals from a number of tribunals and other bodies.
When hearing appeals, it has the jurisdiction and powers of the court or tribunal from
which the appeal is brought. In most civil cases before an appeal may be brought it is

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