Task 15. The British Government: The Legal System

The Home Secretary

The Home Secretary has overall responsibility for the criminal justice system in England and Wales and for advising the Queen on the exercise of the royal prerogative of mercy to pardon a person convicted of a crime or to remit all or part of a penalty imposed by a court. The Home Secretary can also send a case back to the Court of Appeal if fresh evidence emerges after a conviction has been made.

Scotland

The principles and procedures of the Scottish legal system (particularly in civil law) differ in many respects from those of England and Wales.

Criminal cases are tried in district courts, sheriff courts and the High Court of Justiciary. The main civil courts are the sheriff courts and the Court of Session.

The Secretary of State for Scotland recommends the appointment of all judges other than the most senior ones. He or she also appoints the staff of the High Court of Justiciary and the Court of Session, and is responsible for the composition, staffing and organisation of the sheriff courts. District courts are staffed and administered by the district and islands local authorities.

Northern Ireland

The legal system of Northern Ireland is in many respects similar to that of England and Wales. It has its own court system: the superior courts are the Court of Appeal, the High Court and the Crown Court, which together comprise the Supreme Court of Judicature. A number of arrangements differ from those in England and Wales. A major example is that those accused of terrorist-type offences are tried in nonjury courts to avoid any intimidation of jurors.

Tribunals

Tribunals are a specialized group of judicial bodies, akin to courts of law. They are normally set up under statutory powers which also govern their constitution, functions and procedure.

Tribunals often consist of lay people, but they are generally chaired by a legally qualified person. They tend to be less expensive, and less formal, than courts of law. Some tribunals settle disputes between private citizens. Industrial tribunals, for example, play a major role in employment disputes. Others, such as those concerned with social security, resolve claims by private citizens against public authorities. A further group, including tax tribunals, decide disputed claims by public authorities against private citizens. Tribunals usually consist of an uneven number of people so that a majority decision can be reached.

Members are normally appointed by the government minister concerned with the subject, although the Lord Chancellor (or Lord President of the Court of Session in Scotland) makes most appointments when a lawyer chairman or member is required. In many cases there is a right of appeal to a higher tribunal and, usually, to the courts. Tribunals do not normally employ staff or spend money themselves, but their expenses are paid by the government departments concerned. An independent Council on Tribunals exercises general supervision over many tribunals.

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