Britain: An official handbook > 1956

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BRITAIN: AN OFFICIAL HANDBOOK
From the Court of Appeal, a further appeal is possible to the House of Lords,
with the leave of the House of Lords or of the Court of Appeal. Such appeals are
usually heard by five Lords of Appeal in Ordinary, who are paid professional
judges with peerages for life. In addition, the Lord Chancellor and any peers who
have held ‘ high judicial office ’ are entitled to sit. The House of Lords is the supreme
court of appeal in civil cases in the whole of the United Kingdom.
Civil Courts in Scotland
The Sheriff Court
The Sheriff Court in its civil capacity corresponds roughly to the County Court
in England and Wales, but it has a wider jurisdiction unlimited by the value of the
case. It also has power to try (summarily or by indictment) all but the most serious
crimes and offences. The work of the court is normally done by a Sheriff-Substitute,
against whose judgment an appeal may be made to the Sheriff1 or directly to the
Court of Session.
Minor civil matters (actions not exceeding £5 in value) may be tried by justices
of the peace.
The Court of Session
The Court of Session is the supreme civil court in Scotland. It was established in
1532 and consists at present of 15 judges. The Court is divided into two parts—the
Inner House, which is mainly an appeal court, and the Outer House, a court of
first instance, where, inter alia, all actions for divorce are taken. The Inner House
is divided into two Divisions of equal status, each consisting of four judges; the
First Division being presided over by the Lord President, and the Second Division
by the Lord Justice Clerk. From the Inner House, an appeal may lie to the House of
Lords.
The Scottish Land Court
This is a special court in Scotland for dealing with certain agricultural matters.
The Court is presided over by a legal chairman, who has the rank and dignity of
a Judge of the Court of Session.
Criminal Courts in England and Wales
The criminal courts in England and Wales include:
Petty Sessional or Magistrates’ Courts
Magistrates’ courts are courts of summary jurisdiction where persons accused
of all kinds of technical offences and a large number of the less serious indictable
offences may be tried without a jury (see p. 71). These courts are also used for
committal proceedings, i.e. the public conduct, by magistrates, of preliminary
inquiries into indictable offences to determine whether or not an accused person
should be committed for trial. In 1954, over 97 per cent of all persons convicted
were convicted at magistrates’ courts; and in cases where the charge was withdrawn
or the accused was acquitted, the proportion of summary proceedings to proceed¬
ings at superior courts was even higher.
The majority of magistrates’ courts are presided over by two or more unpaid ‘ lay ’
magistrates or justices of the peace, who are appointed by the Crown, in each
county, and for each borough which has its own commission of the peace, on the
1 Scotland is divided into 12 Sheriffdoms, each provided with a Sheriff and a varying
number of Sheriffs-Substitute.