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Judicial functions of the House of Lords

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of his or her trial's jury, peers had no such right since all lords temporal participated in the verdict; furthermore, since the House was itself the highest court of the land, no appeals were possible from the decision except for royal pardon, in contrast to the criminal court system for commoners. Nor was there leniency for any convicted peer compared to a commoner convicted of the same sentence – the privilege of a peer to be excused for a first offence was abolished in 1841, and the Lords' decisions on punishment were constrained to those provided by law. In any event, the Lords relied almost exclusively on the advice tendered by royal justices, who were the same people presiding over standard criminal cases. The sole deliberation taken by the House for its final trial of a peer – that of
1441:. Historically, appeals were heard in the House of Lords Chamber by a full sitting of the House of Lords (although the Law Lords were doing the actual work). The Lords would sit for regular sessions after four in the evening, and the judicial sessions were held prior to that time. When the Commons Chamber was bombed in 1941, the Commons began to conduct their debates in the Lords Chamber, and the Lords moved into the King's Robing Room. After the war, the noise of postwar construction work rendered the Robing Room unusable. It was proposed in 1948, as a temporary measure, that the Lords should appoint an Appellate Committee small enough to sit in upstairs committee rooms to do the actual work of hearing appeals. The temporary measure later became a permanent one, and appeals continued to be heard in committee rooms. 154: 1461:
the appellant delivered their rebuttal, while again digressing into back-and-forth exchanges with the Committee members. As long as the appellant's opening had fairly summarized all relevant facts in the record (both favorable and adverse), as they were expected to do, these latter arguments were more closely focused on the law and the application of law to fact. The appellant submitted on the ninth day with the words, "My Lords, those are my submissions." On behalf of the House of Lords, the Committee took the appeal under "advisement", and the usher shouted, "Clear the bar!" This was a signal that all barristers, solicitors, and others present for the hearing were expected to leave the room immediately, so the Committee could begin its deliberations.
792: 1473:, it could not issue judgments in its own name, but could only recommend to the House of Lords how to dispose of an appeal. This is why all the Law Lords framed their opinions in the form of recommendations (for example, "I would dismiss the appeal" or "I would allow the appeal"). In British constitutional theory, the Law Lords' opinions were originally intended to be individually delivered as speeches in debate before the full House of Lords, upon a motion to consider the Committee's "report" on a particular appeal. The actual reading of full speeches before the House was abandoned in 1963, after which it became possible for a deceased Law Lord to give a speech. 1494:
dismiss the appeal for the reasons given in their own speech or in another Law Lord's speech. After all five members of the Committee had spoken, the question was put to the House: "That the report from the Appellate Committee be agreed to." The House then voted on that question and on other questions related thereto; the decisions on these questions constituted the House's formal judgment. In theory, the full House was voting on the recommendations of the Appellate Committee, but by custom only the Law Lords on the Appellate Committee actually voted, while all other Lords (including all other Law Lords) always abstained.
1577:, ending with the Lord High Steward. Jurors vote on (after making) oath or affirmation; a lord voted (up)on his honour. Bishops could not be tried in the House, because they were not peers, but they could participate as judges in a trial, except in the verdict. If Parliament was not sitting the case would be referred to the Lord High Steward's Court. He as president was sole judge of questions of law or procedure, but a jury of Lords Triers determined the verdict. (He selected, at his discretion, any 23 or more peers to be Lords Triers.) A simple majority of votes was enough to convict, but 1695:, obtain and plead a pardon to avoid trial in the House of Lords; but could if liable to trial before the lesser courts. Any convict could be pardoned (absolutely) by the Sovereign. In Britain the House of Lords trials were in direct substitution of regular trial; they could impose the same sentences, and the Sovereign could pardon the convict like any other. This combined jurisdiction differs from many other nations. For instance, in the 1603:
largely holders of newly-created privileges resenting the inconvenience it caused accused peers, whereas the minority who still supported it were those holding old peerages who saw it as a privilege of the House as a whole. In 1936, a year after the de Clifford trial, the Lords voted to abolish the privilege but the legislation was not given time in the Commons by the government before the session ended.
1377:, the Permanent Secretary met with the Principal Clerk of the Judicial Office and the Judicial Clerk to the Privy Council to discuss the appeals coming to the House of Lords and the Privy Council. Then the Secretary would put together the Appellate Committees for the appeals to be heard in the upcoming term, while keeping in mind that the Law Lords would also be hearing Privy Council appeals. 1369:
ensure that any of the Law Lords who had sat on the Appeal Committee which granted leave to hear the appeal would also sit on the Appellate Committee which heard the merits of the appeal; the overlap could be anywhere from zero to all three. The Lord Chancellor was technically responsible for the selection of membership of Appellate Committees, but delegated this duty to his
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House of Lords. Appeal Committees could not meet while Parliament was prorogued or dissolved. Formerly, leave to appeal was unnecessary if two solicitors certified the reasonableness of the case. This procedure was abolished in English cases in 1934 and in Northern Irish cases in 1962; Scottish cases continued to come before the House of Lords in a similar manner.
1810:—opined on the matter. Immediately thereafter, lay members began to make speeches about the controversial case. The Lord President of the Privy Council then advised that lay members should not intervene after the Law Lords had announced their opinions. The last time a lay peer attempted to intervene was in 1883; in that case, the Lord's vote was ignored. 1906:—one was appointed for the occasion only. Once the trial or coronation concluded, the Lord High Steward would break his white staff of office, thereby symbolising the end of his service in that position. Often, when a Lord High Steward was necessary for trials of peers, the Lord Chancellor was appointed to the post. 2080:(previously the Master of the Rolls), a member of the House of Lords who was the first Justice to be appointed directly to the Supreme Court. The 12th place was initially vacant. Formally addressed as (customarily styled) "My Lord" or "My Lady", later appointees are not elevated to the House of Lords. 1880:
By convention, only the Lords of Appeal in Ordinary and Lords of Appeal participated in judicial matters. When the House gave judgment, the regular quorum of three applied, but these had to be Law Lords. Normally, only the Law Lords on the Appellate Committee who were deciding the case voted when the
1872:
Judicial appeals were heard by Lords of Appeal in Ordinary and Lords of Appeal under the age of seventy-five. Lords of Appeal in Ordinary were entitled to emoluments. Thus, Lords of Appeal in Ordinary ceased to be paid at the time they ceased to hold office and became Lords of Appeal. The Senior Lord
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Lords of Appeal in Ordinary were joined by Lords of Appeal. These were lawyers who are already members of the House under other Acts (including the Life Peerages Act 1958 and the House of Lords Act 1999) who held or had held high judicial office. High judicial officers included judges of the Court of
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The determination of each Appellate Committee was normally final, but the House of Lords (in common with the Court of Appeal and High Court of England and Wales) retained an inherent jurisdiction to reconsider any of its previous decisions; this includes the ability to vacate that decision and make a
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An Appellate Committee, normally consisting of five Lords of Appeal in Ordinary or Lords of Appeal, heard the actual appeals. It was not a standing committee, and hence there was no one Appellate Committee; a separate Appellate Committee was formed to hear each appeal. There was no formal attempt to
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Replying to Skinner's petition, the East India Company objected that the case was one of first instance, and that the Lords therefore should not have accepted it. Notwithstanding the Company's protests, the House of Lords proceeded with the matter. Though lawyers argued that the House could intervene
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where the Lord Chancellor has recommended it is proper to be considered by the Committee for Privileges and Conduct. Once the latter reports to the House, the House usually issues a concurring resolution which is reported to the Crown which by custom confirms the decision by directing entries on the
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A peer's trial for treason or felony in the House of Lords was as much an obligation as it was a privilege; from 1391 it could not be disclaimed in favour of a trial by jury. A peerage trial offered significant disadvantages over a jury trial. Whereas a commoner could, and can, challenge the members
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If the House of Lords was in recess, the Lord Chancellor or Senior Lord of Appeal in Ordinary could recall the House to give judgment. Judicial sittings could occur while Parliament was prorogued, and, with the authorisation of the Sovereign, dissolved. In the latter case, the meeting was not of the
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Only the Law Lords on the relevant Appellate Committee spoke, but other Lords were free to attend, although they rarely did so. By the 1970s, the procedure had become such an arid formality that the same Law Lord who presided over the Appellate Committee also presided over the full sitting in which
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If the claim is a difficult one, or if the Lord Chancellor is not satisfied that the claimant has established a right to succession, the matter is referred to the Lords, which then refers it to its Committee. In hearing such claims it sits with three current holders of high judicial office, who are
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to make a motion in his capacity as a member of the Appellate Committee, and then move back to the Woolsack in his capacity as the presiding officer of the House of Lords to recite the traditional formula which meant that a majority had voted for the motion: "As many as are of that opinion will say
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after the union shall have no power to cognosce, review or alter the acts or sentences of judicatures in Scotland, or stop the execution of the same" (emphasis added). The Acts were silent on appeals to the House of Lords, unless they be deemed of 'like nature' to Westminster Hall, in which case it
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opinion and the trial court record (all of which had already been provided in advance to the Committee in hard copy format), while interpolating extensive comment and argument, and digressing into lengthy exchanges with the Committee members. Next, the respondent delivered their response and then
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Permission to appeal could be granted by an Appeal Committee. The Committee consisted of three Lords of Appeal or Lords of Appeal in Ordinary. Appeal Committees normally convened fifteen to twenty times per year, and their members were selected by the Principal Clerk of the Judicial Office of the
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Lord Chancellors tended to recuse themselves (not sit) when the Government had a stake in the outcome; during a debate in the Lords, Lord Irvine said, "I am unwilling to lay down any detailed rules because it is ever a question of judgment combined with a need to ensure that no party to an appeal
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Originally, the Lords held that it applied only to peers and only for certain crimes. In 1681 the Commons passed a resolution that it may forward articles against anyone for any crime. The Lords tries/tried impeachment by simple majority. When the Commons demand judgment, the Lords may proceed to
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sent the petition of Edward Ewer, a persistent litigant, to be considered by the House of Lords. Petitions for the House of Lords to review the decisions of lower courts began to increase once again. After Ewer, 13 further cases would be heard in 1621. The House of Lords appointed a Committee for
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with seats in the House), however, was unclear. The Lords Spiritual, though members of the House, were not considered "ennobled in blood" like the temporal peers. Though they retained the right to vote in both trials of peers and impeachment trials, it was customary for them to withdraw from the
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After the abandonment of reading speeches in full, each Law Lord who had heard the appeal would rise only to acknowledge they "have had the advantage of reading the speech" (or speeches) prepared by the other Law Lords on the Appellate Committee, and to state they would allow the appeal or would
1949:, passed a bill to postpone the coming-into-force of the bill until 1875. By then, however, the sentiments of the Parliament had changed. The relevant provisions of the bill were repealed, and the jurisdiction of the House of Lords came to be regulated under the Appellate Jurisdiction Act 1876. 1797:
At first, all members of the House of Lords could hear appeals. The role of lay members of the House in judicial sittings faded in the early nineteenth century. Soon, only "Law Lords"—the Lord Chancellor and Lords who held judicial office—came to hear appeals. The last time that lay
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Judgment was given in the main House of Lords Chamber during a full sitting. Sittings for the purposes of giving judgment were normally held at two o'clock on Thursday afternoons; non-judicial matters were not dealt with during these sittings. The House of Lords' staff would notify counsel that
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ceased considering such petitions in 1399, leaving the House of Lords, effectively, as the nation's court of last resort. The Lords' jurisdiction later began to decline; only five cases were heard between 1514 and 1589, and no cases between 1589 and 1621. In 1621, the House of Lords resumed its
1940:
In 1873, the Government introduced a bill to abolish the judicial role of the House of Lords Judicial Committee in English cases (Scottish and Irish appeals were to be preserved). The bill passed, and was to come into force in November 1874. Before that date, however, the Liberal Government of
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The practice's persistence was in large part because so few trials occurred after the Glorious Revolution – only two in the 20th century. By the late 1930s, the opinion of the House had turned solidly against continuing the privilege; the majority in favour of its abolition were
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A famous dispute then broke out between the two Houses; the Commons ordered the imprisonment of Thomas Skinner and the Lords retaliated by ordering the imprisonment of the Company Chairman. In 1670, Charles II requested both Houses to abandon the case. When they refused, he ordered that all
1287:, such declarations were considered so important that the question would almost inevitably be determined in the House of Lords on appeal. However, the challenged law in question was not struck down, and the courts are required to enforce them; it remained up to Parliament to amend the law. 1553:, including the privilege of trial in the House of Lords, abated. Peeresses in their own right and wives or widows of peers were also entitled to trial in such a court, though they were never members of the House of Lords. Widows of peers who later married commoners lost the privilege. 1337:
in Scotland. In addition to obtaining leave to appeal, an appellant also had to obtain a certificate from the lower court stating that a point of general public importance was involved. The effect of this was that, in criminal matters, the House of Lords could not control its own
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Petitions to the House of Lords did not have to seek reversal of lower court judgments; often, petitions were brought directly to the Lords without prior consideration in the inferior judiciary. The practice of bringing cases directly to the Lords, however, ended with the case of
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only after the lower courts had failed to remedy the case, the Lords decided in Skinner's favour in 1668. The East India Company then petitioned the House of Commons, arguing that the acceptance of a case in the first instance by the Lords was "unusual" and "extraordinary".
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they ceased to be such at 70, but could be permitted by ministerial discretion to hold office as old as 75. The Act provided for appointment of only two Lords of Appeal in Ordinary, but as of 2009 twelve could be appointed; this number could have been further raised by a
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As of 1982, the House of Lords had relatively little control of its caseload. About 80% of the civil caseload and 60% of the criminal caseload came to the House of Lords either by right or by leave of a lower court, rather than by leave of an Appeal Committee.
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During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and the use of special courts for such trials was abolished in 1948. The procedure of impeachment became seen as obsolete. In 2009, the
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would be banned. In 1708, the first Scottish appeal to the Lords arrived, and it was accepted by the House. In 1709, the House ordered that no decree of the lower Scottish courts could be executed while an appeal was pending; that rule was reversed only by the
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references to the case be expunged from the Journals of both Houses and that neither body continue with the dispute. The House of Lords then ceased to hear petitions in the first instance, considering them only after the lower courts had failed to remedy them.
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could reasonably believe or suspect that the Lord Chancellor might, because of his other roles, have an interest in a specific outcome. Examples might be where the lawfulness of a decision or action by any Minister or department might be at issue." Under the
1679:'s ending of his judicial office thwarted by a change of government in the 1870s, which that took place in the 2000s). The Lords legally has power to try impeachments after the House of Commons agrees and words "Articles of Impeachment", which it forwards. 1514:, which included the twelve Lords of Appeal in Ordinary (now the Justices of the Supreme Court) as well as other senior judges in the Privy Council, has little domestic jurisdiction. The Committee hears appeals from the appellate courts of many independent 1861:
Appeal of England and Wales, the Inner House of the Court of Session and the Court of Appeal in Northern Ireland. Additionally, a Lord of Appeal in Ordinary who had reached the age of seventy could become a Lord of Appeal. Between 1996 and 2001,
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Two of the Lords of Appeal in Ordinary were designated the Senior and Second Senior of their type. Formerly, the most senior of the Law Lords took these posts. Since 1984, however, the Senior and Second Senior Lords were appointed independently.
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in Scotland, Northern Ireland, and Wales. Precedents set in devolution cases, but not in other matters, are binding on all other courts, which included the House of Lords. The 'devolution issues' were transferred from the Privy Council to the
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presided over the House of Lords in trials of peers, and also in impeachment trials when a peer was tried for high treason; otherwise, the Lord High Chancellor presided. The post of Lord High Steward was originally hereditary, held by the
1820:
Under the Appellate Jurisdiction Act 1876, the Sovereign nominated a number of Lords of Appeal in Ordinary to sit in the House of Lords. In practice, they were appointed on the advice of the Prime Minister (they were not covered by the
562:, where the king dispensed justice. Parliament grew out of the Court and took on many of its roles. As lower courts were established, the House of Lords came to be the court of last resort in criminal and civil cases, except that in 1585:
this procedure put the accused at great disadvantage (since the Crown could appoint a hostile Lord High Steward who could select hostile peers as Lords Triers), and in the late 17th century made repeated efforts to ameliorate this.
1902:, but it later merged in the Crown. The position was created again, but its holder died without heirs in 1421, and the post has since been left vacant. Whenever a Lord High Steward became necessary—at certain trials and at 587:
would bring petitions to the House, and the whole House could decide if they should or should not be referred to the Committee. As the number of petitions increased, the Committee gained the power to reject petitions itself.
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judgment was imminent about five or six days before the relevant sitting, and provide advance copies of the Committee's written report (the Lords' written speeches) and the House minutes (in plain English, a script of the
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The minimum number of Law Lords that could form an Appellate Committee was four. Seven Lords could sit in particularly important cases. On 4 October 2004 a Committee of nine Lords, including both the Senior Law Lord
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Peers of Scotland were granted the privilege of trial by the House after the union of 1707; peers of Ireland were, after the union of 1801, entitled to be elected to the Commons, but during such service their
1314:. In England, Wales or Northern Ireland; leave (or permission) to appeal could be granted either by the court whose decision is appealed or the House of Lords itself. Leave to appeal is not a feature of the 2312: 2290: 2268: 1407: 1956:
house). The other Law Lords would not participate in the latter. In the final 42 years of such office holder's possible participation in judicial sittings this was for a minority of their sessions:
1731:, impeachment was revived; Parliament used it as a tool against the king's ministers during a time when it felt it needed to resist the tyranny of the Crown. The last impeachment trials were the 1813:
No provision stood whereby the number of Law Lords could be regulated. In 1856, it was desired to increase their number by creating a life peerage. The House, however, ruled that the recipient,
2313:
R v Bartle and the Commissioner of Police for the Metropolis and Others, Ex Parte Pinochet; R v Evans and Another and the Commissioner of Police for the Metropolis and Others, Ex Parte Pinochet
1565:. The judges of that court could not accept any plea of guilty or not guilty, except a plea that the crime in question was previously pardoned. If pardon was not pleaded, the court issued a 1171: 503:
is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for
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Part 3 of the Constitutional Reform Act 2005, which came into force on 1 October 2009, abolished the appellate jurisdiction of the House of Lords, and transferred it to a new body, the
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empowering the lower Court to determine if an appeal justified the stay of its decree. In 1713, the House of Lords began to consider appeals from Scotland's highest criminal court, the
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chamber immediately before the House pronounced judgment. This convention was followed only before the final vote on guilt and not on procedural questions arising during the trial.
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still applied โ€“ under UK constitutional law, Parliament could have at any time unilaterally decided to dismiss the supremacy of European law. In common with other courts in the
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presided, but the entire House could decide all legal, factual or procedural disputes. At the end, the Lords then voted, starting with the most junior baron, and proceeding in
1545:. The right of peers to be tried by peers, rather than directly by royal justice, was one ceded reluctantly from the Crown, and eventually only applied to treason and felony. 2152:
A selection of Cases argued and determined in the High Court of Chancery in Ireland, during the time of Lord Chancellor Plunket, principally in the years 1834, 1835, and 1836
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who had been practising for fifteen years were to be appointed Lords of Appeal in Ordinary. By convention, at least two were Scottish and at least one from Northern Ireland.
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commencing 1675. After the Parliament reassembled in 1677, the cases involving members of the House of Commons were quietly dropped and neither House revisited the dispute.
1221:. Generally, only important or particularly complex appeals came before the House of Lords. The only further appeal from the House of Lords was to the European courts (the 1393:, and on 16 December it announced an 8โ€“1 ruling against the Government. Only five Appellate Committees ever comprised nine members. Three of these occurred after 2001. 2768: 1761:, is entitled to decide all questions relating to such disputes. In practice such decisions are made where disputed only after full reference to the House of Lords. 726: 702: 2127: 1599:
for vehicular manslaughter in 1935 – was to ask for the attorney's opinion of the case before unanimously voting to acquit de Clifford based on it.
17: 1849:, highest court of appeal in certain cases such as from some Commonwealth countries. They were often called upon to chair important public inquiries, such as the 2627: 1370: 1434:, which was a party to the appeal and had an interest to achieve a particular result. The matter was reheard by a panel of seven Lords of Appeal in Ordinary. 2778: 1452:. The manner in which the Appellate Committees conducted their hearings was agonizingly slow, as observed by an American lawyer in 1975. In an appeal in a 1498:
full House, but was rather of the Law Lords acting in the name of the full House. Judgment could not be given between the summoning of a Parliament and the
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case, it took almost seven days to go through opening argument because counsel for the appellant was expected to read out loud all relevant portions of the
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The Lord High Steward merely presided at trials, and the whole House could vote. The position of the Lords Spiritual (the Archbishops and Bishops of the
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members voted on a case was in 1834. The Lords later came close to breaching this convention a decade later, when the House was considering the case of
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may not issue pardons in cases of impeachment, and an impeached officeholder remains liable to subsequent trial and punishment in the ordinary courts.
2793: 2620: 683:. The Acts of Union provided that "no causes in Scotland be cognoscible by the courts of Chancery, Queen's Bench, Common Pleas or any other court in 1640:
depicts in the House of Lords the fictional trial of a duke who is accused of murder. Sayers researched and used the then current trial procedures.
646: 262: 2077: 633:), the Commons warned them to "have regard for their Privileges". Soon the dispute became worse when two more such cases emerged. These included 351: 1688:
pronounce the sentence against the accused. The Commons may refuse to press for judgment whereupon the accused, convicted, faces no punishment.
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In mediaeval times, feudal courts had jurisdiction only in their subjects; peers of the realm were subjects directly to the king, so could only
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by reference from the Crown (with whom the power at root resides, arranged by the Lord Chancellor considering all such regular claims via the
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Parliament originally did not hear appeals as a court might; rather, it heard petitions for the judgments of lower courts to be reversed. The
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nations and crown dependencies. The Judicial Committee's domestic jurisdiction was very limited, hearing only cases on the competency of the
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Even afterwards the Houses clashed over jurisdiction in 1675. The Commons felt that the upper House (as it was often accurately termed until
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The tradition that appeals should be heard by Appellate Committees and not by the full House of Lords developed relatively late, after the
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Concerns were chiefly around the Lord Chancellor, able and prone to sit in judicial and legislative/executive bodies (judicial committee
1946: 1390: 1072: 625:) had breached its privileges by considering cases with members of the Commons as defendant(s). After the Lords considered one of these, 1095: 1833: 869: 706:, the House recognised that before the Union, no further appeal lay. The House agreed not to hear further Scottish criminal appeals. 368: 334: 322: 235: 223: 1248:, and with this accepted European law to be supreme in certain areas so long as Parliament does not explicitly override it (see the 852: 820: 1874: 1846: 1807: 1511: 317: 208: 1715:
Impeachment was originally used to try those who were too powerful to come before the ordinary courts. During the reign of the
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added an amendment to abolish the trial of peers by the House of Lords, which was agreed to in both houses and became law.
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was the only judicial figure who received a higher salary). The other Lords of Appeal in Ordinary received ยฃ179,431.
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Since the taking effect of the House of Lords Act 1999, the House of Lords may declare the law on matters of peerage
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states (2019) the House is regarded as guardian of its own privileges and membership. Theoretically, the Crown, as
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can only remove the accused from office and optionally bar them from future offices of public trust or honour, the
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new one. It was exceptional for the House of Lords to exercise this power, but a number of important cases such as
475: 440: 378: 279: 257: 240: 1330: 1284: 1326: 1307: 1218: 531: 433: 92: 2119: 2050: 1992: 1866: 1814: 1802:, an Irish politician. A panel of Law Lords—the Lord Chancellor, three former Lord Chancellors, a former 1732: 1704: 1619: 1311: 1226: 638: 939: 815: 2586: 1699:, impeachment serves only as a mechanism for removing officials in the executive and judicial branches; the 1325:
In criminal cases, the House of Lords could hear appeals from the Court of Appeal of England and Wales, the
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rather than the House of Lords. Bypassing the Lords was repeated at the next such appeal, in 1826 from the
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When the House was not officially in session, trials were heard by the Court of the Lord High Steward.
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asserted the right of further appeal from the Irish Lords to the British Lords. This was odious to the
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A recent example of the House of Lords reconsidering an earlier decision occurred in 1999, when the
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became the new court of final appeal in the UK, with the Law Lords becoming Supreme Court Justices.
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established in 2006). Only lawyers who had held high judicial office for a minimum of two years or
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in any petition to enter the register for by-elections (those with a view to entering the House);
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Lords of Appeal in Ordinary held the rank of Baron and seats in the House for life. Under the
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R v Bartle and the Commissioner of Police for the Metropolis and Others, Ex Parte Pinochet
1561:
After a peer was indicted by the normal criminal process, the case was brought before the
8: 2073: 1799: 1574: 1319: 1062: 810: 722: 622: 284: 218: 2608:
The records of the House of Lords Judicial Office are held by the Parliamentary Archives
2773: 2060:. Among the initial Justices of the Supreme Court were ten of the twelve then existing 1724: 1716: 1566: 1190: 1159: 974: 902: 847: 734: 710: 579: 527: 520: 450: 185: 2452: 2352: 2222: 2192: 1910: 1899: 1895: 1890: 1664: 1637: 1632: 1570: 1481:
questions to be raised and voted upon) to counsel when they arrived for the sitting.
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devolved the appellate functions of the House to an Appellate Committee, composed of
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while few British restrictions on trade existed; later the base was seized by the
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Such claims and disputes were in early centuries a matter for the monarch alone;
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over Acts of Parliament. However, in 1972 the UK signed up to be a member of the
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Parliament's role in deciding litigation originated from the similar role of the
539: 173: 117: 1780:
Roll of Peerage. Each decision is deemed to turn on its own facts and is not of
2003: 1850: 1647: 1339: 1260: 1245: 753: 512: 500: 496: 1841:
approved by both Houses of Parliament. They were, by custom, appointed to the
2757: 2591: 1781: 1720: 1696: 1275:. Whilst this power was shared with the Court of Appeal, the High Court, the 1263:, however, the Law Lords referred points involving European Union law to the 1090: 991: 924: 642: 2025: 1769: 1438: 679:. The question then arose as to whether or not appeals could be taken from 662: 717:
regarded itself as the final court of appeal for Ireland, but the British
1932:
granted the same speaking and voting rights as members of the Committee.
1926: 1748: 1445: 1110: 559: 346: 145: 102: 1422:, was overturned on the grounds that one of the Lords on the committee, 2347:. In Blom-Cooper, Louis Jacques; Dickson, Brice; Drewry, Gavin (eds.). 2276:, AC 61, 4 All ER 897, 1 AC 61, 3 WLR 1456 (25 November 1998), 1519: 1374: 713:
was politically separate from Great Britain and subordinate to it. The
658: 610:, referred the case to the Lords after failed attempts at arbitration. 570:
remained the highest court in criminal matters (except for 1713โ€“1781).
538:(informally referred to as Law Lords). They were then appointed by the 733:. Appellate jurisdiction for Ireland returned to Westminster when the 526:
Appeals were technically not to the House of Lords, but rather to the
1826: 1448:
were worn by the judges during hearings; they wore ordinary business
1403:(a seminal case on bias in England and Wales) proceeded in this way. 1315: 1164: 783: 630: 445: 2320:, 2 WLR 827, 1 AC 147, AC 147, 2 All ER 97 (24 March 1999), 1486: 1147: 563: 1490:'Content', to the contrary, 'Not Content'. The contents have it." 1485:
judgment was given. Thus, he would repeatedly move away from the
1668: 1217:
The judicial business of the House of Lords was regulated by the
1006: 944: 745: 1578: 1469:
Although each Appellate Committee was essentially acting as an
1290:
In civil cases, the House of Lords could hear appeals from the
63: 1719:, impeachments were very frequent, but they reduced under the 1527:; however, the former continues to hear Commonwealth appeals. 2642: 1302:. Alternatively, cases raising important legal points could 2587:"The Appellate Jurisdiction of the House of Lords." (2009). 1817:, was not entitled thereby to sit as a Lord of Parliament. 1449: 1267:. The Lords could also declare a law inconsistent with the 599: 2564:"The Appellate Jurisdiction of the House of Lords" (2009). 598:. Skinner had established his business's trading base in 2128:
withdrawal of the United Kingdom from the European Union
1873:
of Appeal in Ordinary received ยฃ185,705 as of 2009 (the
83:
Chosen name recommended to PM by a selection commission.
748:
inquisition judgment was appealed from Chancery to the
1865:, a retired judge of an overseas appellate court (the 606:
which had been granted a monopoly. In 1667, the king,
2122:; until 2021 matters of European Law directed to the 1727:
became the preferred method. During the reign of the
2149:
Goold, Francis; Lloyd, Bartholomew Clifford (1839).
1658: 2440: 2438: 2351:. Oxford: Oxford University Press. pp. 30โ€“47. 1329:, the Court of Appeal in Northern Ireland, and the 2210: 2208: 2180: 2178: 2176: 2174: 2172: 2170: 675:In 1707, England united with Scotland to form the 653:, and the other was from the equity branch of the 2769:Former courts and tribunals in the United Kingdom 2491:. Chicago: American Bar Association. p. 1444 2423:. Chicago: American Bar Association. p. 1443 2381:. Chicago: American Bar Association. p. 1441 2068:) had retired on 30 September 2009 and the 12th, 1569:moving the indictment to the House of Lords. The 1240:The Law Lords did not have the power to exercise 2755: 2435: 2118:Save where claimants make an application to the 1543:be tried by what would become the House of Lords 2338: 2336: 2334: 2332: 2330: 2205: 2167: 1663:The UK constitutional institutions since early 2551:"Peerage claims - Erskine May - UK Parliament" 2513:(15th ed.), Cambridge University Press, p. 494 1945:fell. The new Conservative Government, led by 1229:), and only then in matters concerning either 2628: 1198: 694:Administration of Justice (Scotland) Act 1808 476: 2779:2009 disestablishments in the United Kingdom 2327: 1787: 2784:Courts and tribunals disestablished in 2009 1845:if not already members. They served on the 1682: 1391:Anti-terrorism, Crime and Security Act 2001 2635: 2621: 2148: 2053:the Lord Chancellor is no longer a judge. 1537:Privilege of peerage ยง Trial by peers 1205: 1191: 1096:Crown Office and Procurator Fiscal Service 483: 469: 181:His Majesty's Courts and Tribunals Service 2789:1876 establishments in the United Kingdom 2478: 2476: 2474: 2472: 2470: 2468: 2410: 2408: 2406: 2404: 2402: 2400: 2398: 2396: 1834:Judicial Pensions and Retirement Act 1993 35:Appellate Committee of the House of Lords 2794:Courts and tribunals established in 1876 2644:Judicial functions of the House of Lords 2444: 2214: 2184: 1073:Scottish Solicitors' Discipline Tribunal 27:Historical role of the UK House of Lords 18:Judicial Committee of the House of Lords 1875:Lord Chief Justice of England and Wales 1847:Judicial Committee of the Privy Council 1512:Judicial Committee of the Privy Council 1464: 1350: 14: 2756: 2465: 2393: 2366: 2349:The Judicial House of Lords: 1876-2009 2155:. Hodges & Smith. pp. 503โ€“515 379:Justice of the peace / lay magistrates 2616: 2545: 2543: 2541: 2539: 2537: 2482: 2414: 2372: 2342: 1625: 1363: 1650:features an almost identical scene. 1333:, but did not hear appeals from the 1292:Court of Appeal of England and Wales 1177:Scottish Legal Complaints Commission 661:courts but not those from courts of 649:(1728โ€“1761)). One case was from the 542:in the same manner as other judges. 532:1876, the Appellate Jurisdiction Act 135:This article is part of the series: 2743:Supreme Court of the United Kingdom 2594:Commentaries on the Laws of England 2483:Clark, Stanley M. (November 1976). 2415:Clark, Stanley M. (November 1976). 2373:Clark, Stanley M. (November 1976). 2243:"Terror detainees win Lords appeal" 2064:(Law Lords). One of the Law Lords ( 2058:Supreme Court of the United Kingdom 1973:(Lord Chancellor from 1965 to 1970) 1920: 1618:. While the bill was in the Lords, 1525:Supreme Court of the United Kingdom 1296:Court of Appeal in Northern Ireland 1269:European Convention on Human Rights 1235:European Convention on Human Rights 1172:Association of Commercial Attorneys 807:Justice and Communities Directorate 595:Thomas Skinner v East India Company 548:Supreme Court of the United Kingdom 308:Supreme Court of the United Kingdom 204:Supreme Court of the United Kingdom 24: 2534: 1530: 1322:certified the appeal as suitable. 1051:Children's Reporter Administration 25: 2805: 2601: 2451:. London: Macmillan. p. 10. 2221:. London: Macmillan. p. 88. 2191:. London: Macmillan. p. 87. 1742: 1691:The accused could not, under the 1659:Theoretical device of impeachment 1505: 913:Office of the Accountant of Court 2592:Blackstone, Sir William. (1765) 2509:Courtney Stanhope Kenny (1936), 2489:American Bar Association Journal 2421:American Bar Association Journal 2379:American Bar Association Journal 2345:"Chapter 3: The Judicial Office" 1823:Judicial Appointments Commission 1737:impeachment of Viscount Melville 980:Lords Commissioner of Justiciary 870:Criminal Cases Review Commission 790: 441:Law Society of England and Wales 241:President of the Family Division 152: 2568: 2557: 2525: 2516: 2503: 1984:(1970 to 1974 and 1979 to 1987) 1965:days sat in Judicial Committee 1869:), served as a Lord of Appeal. 1327:High Court of England and Wales 1318:and appeals proceeded when two 1308:High Court of England and Wales 1219:Appellate Jurisdiction Act 1876 764: 689:or any other of the like nature 404:Director of Public Prosecutions 93:Appellate Jurisdiction Act 1876 2343:White, James Vallance (2009). 2305: 2283: 2261: 2235: 2142: 2120:European Court of Human Rights 2112: 2051:Constitutional Reform Act 2005 1982:Lord Hailsham of St Marylebone 1867:Court of Appeal of New Zealand 1733:impeachment of Warren Hastings 1667:have been careful to uphold a 1653: 1579:this could not be less than 12 1556: 1312:High Court in Northern Ireland 1227:European Court of Human Rights 843:Courts & Tribunals Service 13: 1: 2580: 1563:Court of King's/Queen's Bench 1271:pursuant to section 4 of the 940:Sheriff Personal Injury Court 853:Office of the Public Guardian 816:Cabinet Secretary for Justice 604:Honourable East India Company 335:President of the King's Bench 236:President of the King's Bench 2485:"Gentlemen, Their Lordships" 2417:"Gentlemen, Their Lordships" 2375:"Gentlemen, Their Lordships" 2136: 2126:, but this ceased after the 2105: 2100:List of House of Lords cases 2070:Lord Neuberger of Abbotsbury 1792: 1710: 1589: 1400:Dimes v Grand Junction Canal 1345: 826:Judicial Complaints Reviewer 268:County Court Business Centre 246:Chancellor of the High Court 7: 2083: 2062:Lords of Appeal in Ordinary 1387:Lord Nicholls of Birkenhead 1385:and Second Senior Law Lord 1331:Courts-Martial Appeal Court 1285:Courts-Martial Appeal Court 1014:Justice of the peace courts 858:Scottish Sentencing Council 821:Judicial Appointments Board 771:Lords of Appeal in Ordinary 687:; and that the said courts 536:Lords of Appeal in Ordinary 263:List of County Court venues 138:Courts of England and Wales 10: 2810: 2596:. Oxford: Clarendon Press. 1924: 1804:Lord Chancellor of Ireland 1746: 1735:from 1788 to 1795 and the 1534: 768: 759: 668:The dispute rested during 553: 352:List of Crown Court venues 2735: 2702: 2686: 2650: 2124:European Court of Justice 2090:List of law life peerages 2037:Lord Falconer of Thoroton 1935: 1884: 1788:Constitution of the Lords 1612:Criminal Justice Act 1948 1265:European Court of Justice 1257:Parliamentary sovereignty 1223:European Court of Justice 831:Parole Board for Scotland 700:. In 1781, when deciding 583:Petitions. At first, the 409:Crown Prosecution Service 123: 116: 108: 98: 87: 69: 55: 47: 39: 34: 2511:Outlines of Criminal Law 2015:Lord Mackay of Clashfern 1683:Mechanism of impeachment 1643:Kind Hearts and Coronets 1383:Lord Bingham of Cornhill 1335:High Court of Justiciary 1277:High Court of Justiciary 965:High Court of Justiciary 750:Privy Council of England 698:High Court of Justiciary 677:Kingdom of Great Britain 585:Clerk of the Parliaments 568:High Court of Justiciary 517:Kingdom of Great Britain 146:Law of England and Wales 2445:Paterson, Alan (1982). 2215:Paterson, Alan (1982). 2185:Paterson, Alan (1982). 2095:List of Lords of Appeal 1943:William Ewart Gladstone 1782:binding precedent value 1412:case on the extradition 719:Declaratory Act of 1719 703:Bywater v Lord Advocate 198:Civil and family courts 2574:(Standing Order No 77) 2318:[1999] UKHL 17 2274:[1998] UKHL 41 1863:Lord Cooke of Thorndon 1693:Act of Settlement 1701 1426:, was a director of a 1231:European Community law 1044:Lord Lyon King of Arms 1039:Court of the Lord Lyon 655:Court of the Exchequer 125:Second Senior Law Lord 2296:[1999] UKHL 1 2066:Lord Scott of Foscote 1881:House gave judgment. 1608:First Attlee ministry 1583:political persecution 1520:devolved legislatures 1432:Amnesty International 1316:Scottish legal system 1273:Human Rights Act 1998 1019:Justices of the peace 769:Further information: 739:Parliament of Ireland 330:High Court of Justice 323:Court of Appeal judge 231:High Court of Justice 224:Court of Appeal judge 60:Palace of Westminster 2026:Lord Irvine of Lairg 1839:Statutory Instrument 1675:(finalised with the 1673:separation of powers 1465:Delivery of judgment 1430:closely allied with 1351:Selection of appeals 1143:Faculty of Advocates 1085:Criminal prosecution 997:Sheriff Appeal Court 970:Lord Justice-General 930:Sheriff Appeal Court 731:Constitution of 1782 715:Irish House of Lords 509:court of last resort 393:Criminal prosecution 2074:Master of the Rolls 1646:(1949) comedy from 1575:order of precedence 1454:patent infringement 1371:Permanent Secretary 1255:). The doctrine of 1056:Children's Hearings 811:Scottish Government 778:Part of a series on 727:eventually repealed 723:Irish Patriot Party 578:judicial role when 369:Magistrates' courts 285:Court of Protection 219:Master of the Rolls 169:Ministry of Justice 109:Number of positions 2249:. 16 December 2004 1896:Earls of Leicester 1808:Lord Chief Justice 1725:bills of attainder 1626:In popular culture 1567:writ of certiorari 1420:President of Chile 1364:Hearing of appeals 1160:Solicitor-Advocate 975:Lord Justice Clerk 903:Lord Justice Clerk 848:College of Justice 735:Acts of Union 1800 711:Kingdom of Ireland 528:King-in-Parliament 521:Kingdom of England 451:Solicitor advocate 318:Lord Chief Justice 70:Composition method 2751: 2750: 2358:978-0-19-953271-1 2046: 2045: 1947:Benjamin Disraeli 1911:Church of England 1900:Edmund Crouchback 1891:Lord High Steward 1784:for other cases. 1665:Victorian Britain 1638:Dorothy L. Sayers 1633:Clouds of Witness 1571:Lord High Steward 1298:and the Scottish 1215: 1214: 1106:Procurator fiscal 1002:Sheriff Principal 985:Acts of Adjournal 935:Sheriff Principal 651:Court of Chancery 580:King James I 493: 492: 290:Court of Chivalry 130: 129: 99:Judge term length 51:30 September 2009 16:(Redirected from 2801: 2637: 2630: 2623: 2614: 2613: 2575: 2572: 2566: 2561: 2555: 2554: 2547: 2532: 2529: 2523: 2520: 2514: 2507: 2501: 2500: 2498: 2496: 2480: 2463: 2462: 2442: 2433: 2432: 2430: 2428: 2412: 2391: 2390: 2388: 2386: 2370: 2364: 2362: 2340: 2325: 2309: 2303: 2287: 2281: 2265: 2259: 2258: 2256: 2254: 2239: 2233: 2232: 2212: 2203: 2202: 2182: 2165: 2164: 2162: 2160: 2146: 2130: 2116: 1993:Lord Elwyn-Jones 1959: 1958: 1800:Daniel O'Connell 1597:Lord de Clifford 1439:Second World War 1416:Augusto Pinochet 1300:Court of Session 1281:Court of Session 1207: 1200: 1193: 1132:Legal profession 918:Acts of Sederunt 893:Court of Session 794: 775: 774: 685:Westminster Hall 641:(grandfather of 575:House of Commons 485: 478: 471: 423:Legal profession 399:Attorney General 340:High Court judge 251:High Court judge 156: 155: 132: 131: 32: 31: 21: 2809: 2808: 2804: 2803: 2802: 2800: 2799: 2798: 2754: 2753: 2752: 2747: 2731: 2710:Lord Chancellor 2698: 2694:Trials of Peers 2682: 2646: 2641: 2604: 2583: 2578: 2573: 2569: 2562: 2558: 2549: 2548: 2535: 2530: 2526: 2521: 2517: 2508: 2504: 2494: 2492: 2481: 2466: 2459: 2443: 2436: 2426: 2424: 2413: 2394: 2384: 2382: 2371: 2367: 2359: 2341: 2328: 2310: 2306: 2288: 2284: 2266: 2262: 2252: 2250: 2241: 2240: 2236: 2229: 2213: 2206: 2199: 2183: 2168: 2158: 2156: 2147: 2143: 2139: 2134: 2133: 2117: 2113: 2108: 2086: 2042:0 days (never) 2009:0 days (never) 1938: 1929: 1923: 1887: 1815:Sir James Parke 1795: 1790: 1759:fount of honour 1755:Erskine and May 1751: 1745: 1713: 1685: 1677:Lord Chancellor 1661: 1656: 1628: 1616:penal servitude 1610:introduced the 1592: 1559: 1539: 1533: 1531:Trials of peers 1508: 1471:appellate court 1467: 1458:Court of Appeal 1366: 1353: 1348: 1242:judicial review 1211: 1182: 1181: 1133: 1125: 1124: 1101:Advocate Depute 1086: 1078: 1077: 1034: 1026: 1025: 960: 959:Criminal courts 952: 951: 908:Lord of Session 888: 880: 879: 836:Legal Aid Board 802: 773: 767: 762: 729:as part of the 681:Scottish Courts 635:Thomas Dalmahoy 556: 540:Lord Chancellor 515:and prior, the 489: 460: 459: 424: 416: 415: 394: 386: 385: 313:Court of Appeal 303: 302:Criminal courts 295: 294: 214:Court of Appeal 199: 191: 190: 186:Judges' Council 174:Lord Chancellor 164: 153: 118:Senior Law Lord 82: 43:1 November 1876 28: 23: 22: 15: 12: 11: 5: 2807: 2797: 2796: 2791: 2786: 2781: 2776: 2771: 2766: 2764:House of Lords 2749: 2748: 2746: 2745: 2739: 2737: 2733: 2732: 2730: 2729: 2728: 2727: 2722: 2712: 2706: 2704: 2700: 2699: 2697: 2696: 2690: 2688: 2684: 2683: 2681: 2680: 2675: 2670: 2665: 2660: 2654: 2652: 2648: 2647: 2640: 2639: 2632: 2625: 2617: 2611: 2610: 2603: 2602:External links 2600: 2599: 2598: 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1246:European Union 1213: 1212: 1210: 1209: 1202: 1195: 1187: 1184: 1183: 1180: 1179: 1174: 1169: 1168: 1167: 1162: 1152: 1151: 1150: 1140: 1134: 1131: 1130: 1127: 1126: 1123: 1122: 1121: 1120: 1119: 1118: 1113: 1103: 1098: 1087: 1084: 1083: 1080: 1079: 1076: 1075: 1070: 1068:Lands Tribunal 1065: 1060: 1059: 1058: 1048: 1047: 1046: 1035: 1033:Special courts 1032: 1031: 1028: 1027: 1024: 1023: 1022: 1021: 1011: 1010: 1009: 1004: 999: 992:Sheriff courts 989: 988: 987: 982: 977: 972: 961: 958: 957: 954: 953: 950: 949: 948: 947: 942: 937: 932: 922: 921: 920: 915: 910: 905: 900: 898:Lord President 889: 886: 885: 882: 881: 878: 877: 875:Prison Service 872: 867: 865:Law Commission 862: 861: 860: 855: 850: 840: 839: 838: 833: 828: 823: 818: 803: 801:Administration 800: 799: 796: 795: 787: 786: 780: 779: 766: 763: 761: 758: 754:Irish Chancery 737:abolished the 627:Shirley v Fagg 555: 552: 513:United Kingdom 501:United Kingdom 497:House of Lords 491: 490: 488: 487: 480: 473: 465: 462: 461: 458: 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Index

Judicial Committee of the House of Lords
Palace of Westminster
London
Monarch
Prime Minister
Appellate Jurisdiction Act 1876
Life tenure
Senior Law Lord
Second Senior Law Lord
Courts of England and Wales
Law of England and Wales
Ministry of Justice
Lord Chancellor
His Majesty's Courts and Tribunals Service
Judges' Council
Supreme Court of the United Kingdom
Privy Council
Court of Appeal
Master of the Rolls
Court of Appeal judge
High Court of Justice
President of the King's Bench
President of the Family Division
Chancellor of the High Court
High Court judge
County Court
List of County Court venues
County Court Business Centre
District judge
Family Court

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