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SECRE'
17
same courts of justice, and secondly, that no
Court of Judicature, were created by the Judi-
person may be deprived of life, liberty, or
cature Act of 1873, which came into effect in
property except in consequence of an infrac-
1875. By this Act the entire structure of the
tion of the law proved in open court.
British Courts of law was fundamentally re-
Broadly speaking, the law in England and
formed and modernized. The High Court con-
Wales is administered at three levels: (a) by
sists of three main divisions: (1) King's Bench
Justices of the Peace and Stipendiary Magis-
Division (presided over by the Lord Chief Jus-
trates in Courts of Summary Jurisdiction and
tice); (2) the Chancery Division; and (3) the
Quarter Sessions; (b) by the County Court
Probate, Divorce, and Admiralty Division.
Judges in the County Courts; (c) by the
The King's Bench judges try the gravest
Judges, Lords Justices and Lords of Appeal in
crimes, regularly in London, and periodically
the Supreme Court of Judicature, the House
at the Assizes in various towns to which they
of Lords, and the Judicial Committee of the
go on circuit. Above the High Court of Jus-
Privy Council.
tice and the Courts of Assize, but still staffed
Every county, county borough, or large town
by the judges of the Supreme Court of Judica-
has its own commission of the peace in which
ture, are two appeal courts: the Court of Ap-
a number of leading citizens are named as
peal for civil cases and the Court of Criminal
Justices of the Peace, appointed by the Lord
Appeal for criminal cases. In a relatively
Chancellor. Two or more of these unpaid lay
small number of cases, appeals are taken even
justices sit in petty sessions, to punish minor
higher, to the House of Lords. The latter
offenses and to make preliminary examination
body concerns itself exclusively with questions
of more serious crimes to see whether the evi-
of law, not of fact, and cases may be appealed
dence warrants the commitment of the ac-
to it only if the Attorney-General (or in his
cused for trial elsewhere. Four times a year
absence the Solicitor-General) gives his certifi-
all active magistrates sit in the Court of Quar-
cate or "fiat" that a point of law of exceptional
ter Sessions, and deal with somewhat graver
public importance is involved.
offenses than do petty sessions. Jury trial is
There is one other appeal court, the Judicial
here used, but murder and serious crimes in-
Committee of the Privy Council which, strictly
volving the heavier punishments may not be
speaking, does not belong in the English judi-
tried.
cial hierarchy because it reviews cases ap-
In London and the larger cities expert mag-
pealed from courts in various parts of the
istrates are appointed by the Crown on the
British Empire outside Great Britain itself.
Home Secretary's recommendation. They
All the Dominions except New Zealand have
must be legally qualified, must devote their
restricted the right of appeal to the Judicial
whole time to the job, and are paid for their
Committee, but it still serves as the final court
services.
of appeal for British territories which have
The second level of courts is the county
not acquired full rights of self-government.
courts, which are the creations of Parliament
The legal profession is divided into three
and are not to be confused with the ancient
groups: solicitors, barristers, and judges. So-
county court of medieval English history.
licitors are lawyers who advise clients on legal
The modern courts of this designation possess
problems and prepare legal papers. Barristers
civil jurisdiction only, and this is limited to
argue cases in court. A select group of law-
money value not exceeding £100, debts and
yers, the barristers are all members of one of
damages not exceeding £200, and trust prop-
the four ancient legal associations known as
erty, etc., not exceeding £500. There are 459
the inns of court. The judges are appointed
County Courts, presided over by 58 judges,
by the Crown for life from the ranks of the
who are appointed by the Lord Chancellor
barristers.
from barristers of at least seven years'
The administration of justice in England
standing.
has a well-deserved reputation for fairness and
The High Court of Justice and the Court of
impartiality. Some of the factors contribut-
Appeal, which together comprise the Supreme
ing to the attainment of this reputation ap-
SECRET
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"ocrText": "SECRE'\n17\nsame courts of justice, and secondly, that no\nCourt of Judicature, were created by the Judi-\nperson may be deprived of life, liberty, or\ncature Act of 1873, which came into effect in\nproperty except in consequence of an infrac-\n1875. By this Act the entire structure of the\ntion of the law proved in open court.\nBritish Courts of law was fundamentally re-\nBroadly speaking, the law in England and\nformed and modernized. The High Court con-\nWales is administered at three levels: (a) by\nsists of three main divisions: (1) King's Bench\nJustices of the Peace and Stipendiary Magis-\nDivision (presided over by the Lord Chief Jus-\ntrates in Courts of Summary Jurisdiction and\ntice); (2) the Chancery Division; and (3) the\nQuarter Sessions; (b) by the County Court\nProbate, Divorce, and Admiralty Division.\nJudges in the County Courts; (c) by the\nThe King's Bench judges try the gravest\nJudges, Lords Justices and Lords of Appeal in\ncrimes, regularly in London, and periodically\nthe Supreme Court of Judicature, the House\nat the Assizes in various towns to which they\nof Lords, and the Judicial Committee of the\ngo on circuit. Above the High Court of Jus-\nPrivy Council.\ntice and the Courts of Assize, but still staffed\nEvery county, county borough, or large town\nby the judges of the Supreme Court of Judica-\nhas its own commission of the peace in which\nture, are two appeal courts: the Court of Ap-\na number of leading citizens are named as\npeal for civil cases and the Court of Criminal\nJustices of the Peace, appointed by the Lord\nAppeal for criminal cases. In a relatively\nChancellor. Two or more of these unpaid lay\nsmall number of cases, appeals are taken even\njustices sit in petty sessions, to punish minor\nhigher, to the House of Lords. The latter\noffenses and to make preliminary examination\nbody concerns itself exclusively with questions\nof more serious crimes to see whether the evi-\nof law, not of fact, and cases may be appealed\ndence warrants the commitment of the ac-\nto it only if the Attorney-General (or in his\ncused for trial elsewhere. Four times a year\nabsence the Solicitor-General) gives his certifi-\nall active magistrates sit in the Court of Quar-\ncate or \"fiat\" that a point of law of exceptional\nter Sessions, and deal with somewhat graver\npublic importance is involved.\noffenses than do petty sessions. Jury trial is\nThere is one other appeal court, the Judicial\nhere used, but murder and serious crimes in-\nCommittee of the Privy Council which, strictly\nvolving the heavier punishments may not be\nspeaking, does not belong in the English judi-\ntried.\ncial hierarchy because it reviews cases ap-\nIn London and the larger cities expert mag-\npealed from courts in various parts of the\nistrates are appointed by the Crown on the\nBritish Empire outside Great Britain itself.\nHome Secretary's recommendation. They\nAll the Dominions except New Zealand have\nmust be legally qualified, must devote their\nrestricted the right of appeal to the Judicial\nwhole time to the job, and are paid for their\nCommittee, but it still serves as the final court\nservices.\nof appeal for British territories which have\nThe second level of courts is the county\nnot acquired full rights of self-government.\ncourts, which are the creations of Parliament\nThe legal profession is divided into three\nand are not to be confused with the ancient\ngroups: solicitors, barristers, and judges. So-\ncounty court of medieval English history.\nlicitors are lawyers who advise clients on legal\nThe modern courts of this designation possess\nproblems and prepare legal papers. Barristers\ncivil jurisdiction only, and this is limited to\nargue cases in court. A select group of law-\nmoney value not exceeding £100, debts and\nyers, the barristers are all members of one of\ndamages not exceeding £200, and trust prop-\nthe four ancient legal associations known as\nerty, etc., not exceeding £500. There are 459\nthe inns of court. The judges are appointed\nCounty Courts, presided over by 58 judges,\nby the Crown for life from the ranks of the\nwho are appointed by the Lord Chancellor\nbarristers.\nfrom barristers of at least seven years'\nThe administration of justice in England\nstanding.\nhas a well-deserved reputation for fairness and\nThe High Court of Justice and the Court of\nimpartiality. Some of the factors contribut-\nAppeal, which together comprise the Supreme\ning to the attainment of this reputation ap-\nSECRET"
}