History of state and law of foreign countries. Judicial system in the UK (most important)

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History of state and law of foreign countries. Judicial system in the UK (most important)

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Judicial system in the UK

As a rule, representatives of the judicial branch of government came from privileged circles. For centuries, holding the office of justice of the peace was conditional on the possession of considerable property. The position of judge in the UK at the turn XIX-XX centuries. was unpaid. It should be noted that the organizational structure of justice bodies UK was quite complex.

November 1, 1875 was established Supreme Court of Great Britain, consisting of two parts:

1) High Court. This institution had its own departments:

a) the court of the king's bench, of which the courts of assizes were legally a part;

b) the chancellor's court;

c) the court of general claims;

d) court of the Chamber of the Chessboard;

e) Admiralty, Wills and Divorce Court.

All divisions of the high court were equally able to apply both the common law and the rules of law developed by the chancellor's court. It should be noted that the branch of the court of king's bench had comprehensive jurisdiction over criminal matters. As a first instance, it considered especially important crimes. In this case, a special procedure is applied: three crown judges and jurors participated in the process. It also dealt with civil cases outside the jurisdiction of other divisions of the high court.

2) the Court of Appeal for Civil Cases.

As far as criminal law is concerned, 1879 BC The Department of Public Inquiry was created in the UK. Supervision of the activities of this department was assigned to the Attorney General.

In 1886, rules were adopted providing for cases when the director of the department of public investigation was obliged to initiate a criminal case:

1) if the crime was punishable by death in cases of counterfeiting and malicious bankruptcy;

2) by order of the Attorney General or the Minister of the Interior, when state intervention is necessary in the public interest due to the special complexity or importance of the crime.

В XVII century. the functions of maintaining public order were assigned to justices of the peace and their subordinates - constables. IN 1829 BC A law was passed creating the police of London - Scotland Yard. The London Police were under the direct supervision of the Home Secretary. AT 1840 BC Scotland Yard created a special detective department, which was then transformed into 1878 BC to the Criminal Investigation Department. AT 1883 BC a special department was established here, the task of which was to fight against national liberation movements and opposition political forces. It should also be noted that there was a special form of police force - special constables called up for service in case of emergency (during a strike, for example).

It should be said that in the UK for a long time prisons were intended only for the detention of the accused until sentencing. Further, they began to serve their sentences.

During this period of time, several normative acts were adopted that regulate certain areas of the judicial system:

1) an act on the prevention of crimes 1879 BC introduced a conditional sentence;

2) in 1871 BC special supervision of recidivists is established;

3) in 1908 BC the law on habitual offenders began to operate;

4) in 1908 BC the Juvenile Offenders Act was issued;

5) in 1898 BC the Habitual Drunkards Act was issued, which allowed those who committed a crime under the influence of intoxication to special medical institutions for a period of three years if the convicted person was sentenced to hard labor or imprisonment and is a "recognized drunkard".

Author: Selyanin A.V.

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