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The English Legal System and English Law


Courts


The Inns of Court

Legal Systems in other Jurisdictions


Trials and Court Records


London


Regional


Ecclesiastical Courts


For Licensed Victuallers' Records see separate page -Court Sessions and Victuallers' Licences

For Poor Law Information see separate page -Poor Law and Workhouse Records

For Emigration and Immigration and Convict Transportation see separate page -Emigration and Immigration

Gaols and Prisons


The Police


London Police


Regional Police


Books

Tracing your Police Ancestors: A guide for family historians by Stephen Wade. ISBN 978 184415 878 2


Murder


Executions-Executioners


Some Legal Definitions

Crown Court Crown Courts hear the most serious criminal cases, although all matters will have already had at least one hearing in the Magistrates' Court. The first Crown Courts were established in 1956 in Manchester and Liverpool, and by 1972 Crown Courts had completely replaced the old Assize Courts and also taken over the criminal funtions of the Quarter Session Courts.

Assize Court These heard the most serious criminal cases from the 13th Century until 1972 (1956 in Manchester and Liverpool) when they were replaced by Crown Courts. In 1834 the Central Criminal Court (the Old Bailey), was opened as the Assize Court for the metropolitan area of Greater London. Until about 1733, most Assize Court records are in Latin.

Quarter Sessions The Quarter Sessions were held 4 times a year by Justices of the Peace, once in each legal term i.e during Epiphany, Easter, Midsummer and Michaelmas. They dealt with criminal cases and some civil matters such as licensing, bastardy, bancruptcy, maintenance and Poor Law cases. For a more complete list see Quarter Sessions . They existed from 1361 until 1972, although by this time many of their functions had been taken over by Local Authorities

Petty Sessions These existed from the 16th century and were presided over by Justices of the Peace. They dealt with criminal cases that were not sufficiently serious to warrant trial by jury and poor relief and licensing matters

District Bancruptcy Courts These existed outside London between 1842 and 1869 when their work was taken over by local county courts.

London Bankruptcy Court This existed until 1883 when its business was transferred to the High Court

Court of Common Pleas These came into existence in the 13th Century and heard common law civil actions such as debt cases. In 1873 they became part of the High Court, known as the Common Pleas Division and in 1880 became part of the Queen´s Bench Division.

County Court Created in 1846 to hear Civil claims. The claims involving the largest amounts of money are heard at The Royal Courts of Justice

Royal Courts of Justice (RCJ) This is in The Strand, London and came into existence in 1882 to accomodate the Supreme Court of Judicature which itself consisted of the High Court of Justice and the Court of Appeal.

The High Court Court of England and Wales The High Court, part of the Royal Courts of Justice in The Strand, London consists of three Divisions dealing with civil disputes: the Queen’s Bench Division, the Chancery Division and the Family Division, ( which until 1970 was known as the Probate, Divorce and Admiralty Division)

Court Leet The Court Leet was presided over by the Lord of the Manor, and usually held twice a year. It elected constables, other officers to deal with issues relalting to highways and footpaths , poaching, stray animals drunkards, weights & measures, ale quality bread quality, market trading cattle and swine lookers, water supplies fire prevention and the poor. It also tried petty offences.

House of Lords This is the final Court of Appeal for both Criminal and Civil matters.

Bigamy If a marriage takes place legally in the United Kingdom and one or both parties is already legally married, the second marriage will be bigamous and is void. Bigamy became a criminal offence in 1861 and is currently triable either in the Magistrates' Court or the Crown Court.

Covenant a duty to do something in relation to land or a building, such as to keep it in good repair. A restrictive covenant is an obligation not to do something in relation to land or a building -eg an obligation not to run a business from the premises

Easement The entitlement to exercise a right over someone else's land - for example a right of way or a right to light.

Larceny The theft of property. Now called theft following the introduction of the Theft Act in 1968

Tipstaff In England and Wales, an officer of the civil courts whose purpose is to enforce warrants. In Northern Ireland, a court official who sits next to the judge and assists in opening and closing hearings, and assembling legal documents for the judge.

Plaintiff Someone who brings a civil action. Now called a Claimant.

Indictable offence A more serious Criminal offence, triable only by a Judge and Jury

Summary Offence A more minor criminal offence, heard only by magistrates.

Mens Rea "a guilty mind". To be found guilty of a crime, the prosecution must prove that there is both the Actus Reus - ie the criminal act was actually committed - and also the Mens Rea- ie that there was intention to behave dishonestly.


Miscellaneous




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