Britain: An official handbook > 1977

102
GOVERNMENT
RESPONSIBILI¬
TIES
England and
Wales
BRITAIN 1977- AN OFFICIAL HANDBOOK
Appeals from all the more important tribunals may be made, at least on a
point of law, to the High Court, or, in Scotland, to the Court of Session. An
appeal may also be made to a specially constituted appeal tribunal, to a minister
of the Crown or to an independent referee. The Employment Appeal 1 nbunal
which hears appeals on questions of law from decisions of industrial tribunals
has High Court and Court of Session status. The Council on Tribunals
(appointed jointly by the Lord Chancellor and the Lord Advocate) exercises
general supervision over tribunals and reports on particular matters, those
peculiar to Scotland being dealt with by the Scottish Committee of the Council.
ADMINISTRATION OF THE LAW
The United Kingdom judiciary is entirely independent of the Government and
is not subject to ministerial direction or control. There is no minister of justice.
Responsibility for the administration of justice lies upon the Lord Chancellor,
the Home Secretary and the Secretaries of State for Scotland and Northern
Ireland. The Prime Minister is concerned with the legal system in that he
recommends the highest judicial appointments to the Crown.
The Lord Chancellor is the head of the judiciary (and sometimes sits as a judge
in the House of Lords). He is the Cabinet minister responsible in England
and Wales for magisterial and all but the most senior judicial appointments.
He is concerned with court procedure and is responsible for the administra¬
tion of all courts other than magistrates’ courts. On the civil law side, law
reform and supervision of the legal aid and advice scheme are matters for him.
The Home Secretary, also a senior Cabinet minister, is concerned with the
criminal law, including law reform. He is responsible for the prevention of
crime, the apprehension of offenders and virtually the whole of the penal
system. He also exercises a general supervision over magistrates courts, with
some specific responsibilities (such as approving the appointment of Clerks to
the Justices). On matters relating to crime prevention and the treatment of
offenders, he is advised by the Advisory Council on the Penal System. Although
probation and after-care of prisoners is carried out by a locally organised
service, the Home Secretary is responsible at a national level for the service s
efficiency and he has wide regulatory powers, being advised by the Advisory
Council for Probation and After-care. Prison policy and the administration of
custodial centres are functions of the Home Office Prison Departments and the
Home Secretary appoints to each centre a board of visitors representing the
local community to investigate and advise him on the state of the buildings,
administration and the treatment of inmates. The boards have certain dis¬
ciplinary powers in relation to serious breaches of discipline and they hear
applications or complaints from inmates. The Home Secretary is advised by a
special Parole Board on the release of prisoners on licence.
The special provisions within the penal system applying to young offenders
are the responsibility of the Home Office and the Department of Health and
Social Security. (Local authority social services departments also have many
functions relating to children and young people.)
The Home Secretary is also responsible for advising the Queen on the
exercise of the royal prerogative of mercy to grant a free pardon in connection
with a person’s conviction, or to remit all or part of a penalty wffiich may have
been imposed on an offender by a court.
The Secretary of State for the Environment is responsible for the building
and maintenance of county courts and providing accommodation for all the