Gavin Howe
The United Kingdom has three distinct legal systems: English law (in the joint jurisdiction of England and Wales), Scots law, and Northern Irish law. Since 2007, there have been calls for a fourth type of law, that of purely Welsh law, as a result of Welsh devolution. The UK's highest civil appeal court is the Supreme Court of the United Kingdom, whose decisions are binding on all three UK jurisdictions. The UK is a constitutional monarchy with a Head of State in the politically neutral monarch. The legal age to drink alcohol in the UK is 18, and it is illegal to carry a knife in public.
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![Life in the UK Test - [Latest version] - Exam handbook - Easy Pass Guide: The quick way to learn everything you need from the official course materials to pass the British Citizenship test](https://m.media-amazon.com/images/I/61BhDSeLY3L._AC_UY218_.jpg)
What You'll Learn
The UK's multiple legal systems
The United Kingdom does not have a single legal system. Instead, it has three (or possibly four) distinct legal systems, each with its own jurisdiction and history. These legal systems are:
- English law, which is in the joint jurisdiction of England and Wales. English law is a common law system, which combines the passing of legislation with the creation of precedents through case law. English law comprises mainly criminal law and civil law, each with its own courts and procedures. The judiciary is independent of Parliament, and legal principles such as fairness, equality before the law, and the right to a fair trial are foundational to the system.
- Scots law, which has remained remarkably distinct from English law despite Scotland becoming part of the UK over 300 years ago. Scots law has been influenced by English and Welsh law since the formation of the Kingdom of Great Britain under the 1707 Acts of Union, and it has also been affected by European law under the Treaty of Rome since 1973.
- Northern Ireland law, which is a common law system administered by the courts of Northern Ireland. Northern Irish law is similar to English law, as the rules of common law were imported into the Kingdom of Ireland under English rule. However, there are important differences between the two systems.
- Welsh law, which has been the primary and secondary legislation generated by the Senedd since Welsh devolution in 2007. While Wales does not have a separate legal system per se, there have been multiple calls for a Welsh criminal justice system, and a commission set up in 2017 by the First Minister of Wales recommended the full devolution of the justice system.
While Scotland and Northern Ireland share Westminster as their primary legislature, their legal systems are separate from English law. The UK's highest civil appeal court is the Supreme Court of the United Kingdom, whose decisions are binding on all three (or four) jurisdictions.
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Criminal law
The United Kingdom has three distinct legal systems, each deriving from a particular geographical area: English law (in the joint jurisdiction of England and Wales), Scots law, and Northern Ireland law. Since 2007, there have been calls for a fourth type, that of purely Welsh law, as a result of Welsh devolution.
English criminal law concerns offences, their prevention, and the consequences. Criminal conduct is considered a wrong against the community rather than just the private individuals affected. The fundamentals of a crime are a guilty act and a guilty mental state. Many criminal offences are common law offences rather than being specified in legislation.
England and Wales have strict liability offences, which criminalise behaviour without the need to prove intention. Drunk driving is an example of this.
The Corporate Manslaughter and Corporate Homicide Act 2007 created a criminal offence for manslaughter, meaning a penal fine of up to 10% of turnover against companies whose managers conduct business in a grossly negligent fashion, resulting in deaths.
The Criminal Law Act 1967 made some major changes to English criminal law, abolishing the distinction between felony and misdemeanour. It also abolished common law offences such as challenging to fight, eavesdropping, and being "a common scold or a common night walker".
Scotland has a separate legal system with fundamental differences from English law. Scots law has been influenced by European law under the Treaty of Rome since the UK's accession to the European Communities in 1973. The Scottish Parliament and Government, established in 1999, have created a further major source of Scots law.
Northern Ireland law is a common law system administered by the courts of Northern Ireland, with ultimate appeal to the Supreme Court of the United Kingdom in both civil and criminal matters. Northern Irish law is similar to English law, though important differences exist.
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Civil law
The United Kingdom has three distinct legal systems: English law (in England and Wales), Scots law, and Northern Irish law. While Scotland and Northern Ireland are part of the UK and share Westminster as a primary legislature, they have separate legal systems. Wales does not have a separate legal system but has primary and secondary legislation generated by the Senedd, which is interpreted in accordance with English law.
The UK's highest civil appeal court is the Supreme Court of the United Kingdom, whose decisions are binding on all three UK jurisdictions. The English civil court system is divided between the High Court and the County Court. The High Court deals with claims exceeding £100,000 (£50,000 for personal injury claims) and has jurisdiction over most matters through its District Registries and the Royal Courts of Justice and the Rolls Building, both located in London. It is divided into three divisions: Chancery, King's Bench, and Family.
The Business and Property Courts bring together the work of the Chancery Division and the specialist courts, deciding on specialist business and other civil international dispute resolution and business cases. The Court of Appeal deals with any appeal from a decision of a judge, and on issues of public importance, there is a further and final stage of appeal to the Supreme Court. In civil cases, witnesses may give evidence and be cross-examined by the other party's lawyer. Expert witnesses may also be involved and must remain independent, with an overriding duty to the court rather than the instructing party.
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Police powers and rights
The United Kingdom has three distinct legal systems, each with its own jurisdiction: English law (in the joint jurisdiction of England and Wales), Scots law, and Northern Ireland law. Since 2007, there have been calls for a fourth type of law, that of purely Welsh law, as a result of Welsh devolution.
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. In law, police powers are given to constables (both full-time and volunteer special constables). All police officers in England and Wales are "constables" in law, whatever their rank.
Police constables have a right of entry to private land in three broad circumstances: by consent, without consent, and without consent and by force. Consent in relation to trespass includes situations where a licence (i.e., permission to enter onto land) is implied without having to be explicitly stated, such as walking through a private garden to reach the front door of a house for the purpose of delivering a letter. Where consent has not been granted by the occupier, entry without consent may be exercised where a search warrant has been issued, or in other specific circumstances where the matter is urgent or serious, and the power has been specifically granted by law. The police have the power to use reasonable force to enter under a warrant, and under other powers of entry.
The Police and Criminal Evidence Act 1984 provides a power for a constable to use reasonable force when they are lawfully using a power under the same act. The Criminal Law Act 1967 allows any person to use reasonable force in the circumstances in the prevention of crime, effecting or assisting the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.
The police can stop and question anyone at any time. They can also stop and search individuals depending on the situation. The rules are different in Scotland and Northern Ireland. If a person is unhappy with how the police have treated them, they can complain about their treatment.
In the case of a person being detained, they must be informed of their rights at the earliest opportunity. These rights include: having one friend, relative, or other person who is likely to take an interest in their welfare, informed of their arrest and where they are being detained; free legal advice; medical attention if required; and a written notice of their rights in their language or access to an interpreter. If the detainee is under 18, the police must try to contact their parent or guardian and find an adult to help them. The police can hold a person in custody for a maximum of 24 hours, which can be extended up to 96 hours. After 96 hours, the police must either charge the individual with a crime or release them.
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The constitution
The United Kingdom is a constitutional monarchy. The UK constitution comprises written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. It is different from many other countries in that its core aspects are not contained in a single legal source. Instead, the UK's constitution is spread across various sources, including specific Acts of Parliament, constitutional conventions, and decisions made by judges.
Parliamentary sovereignty is often seen as a central element of the British constitution. This means that an Act of Parliament is the highest form of law, and Parliament can make or unmake any law without being limited by a constitutional text. The UK Parliament consists of the Monarch, the House of Commons, and the House of Lords. The House of Commons is directly elected by the people, and the Prime Minister is traditionally a member of this House. However, the extent of parliamentary sovereignty is contested, and some argue that the rule of law enforced by the courts is the ultimate controlling factor on which the constitution is based.
Devolution in the United Kingdom has resulted in Parliament giving the power to legislate on specific topics to nations and regions. The Scotland Act 1998 created the Scottish Parliament, the Government of Wales Act 1998 created the Welsh Assembly, and the Northern Ireland Act 1998 created a Northern Ireland Executive following the Good Friday Agreement. These legislative bodies have the power to make decisions on specific issues relevant to their regions, and their decisions cannot be overridden by the UK Parliament.
The UK constitution recognises certain Acts of Parliament as having special constitutional status, including the Magna Carta, which dates back to 1215. The constitution is also bound to international law, as the UK is a member of international organisations such as the United Nations, the European Convention on Human Rights, and the World Trade Organization. The UK's membership in these organisations influences its domestic policies and upholds human rights and international peace and security.
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Frequently asked questions
The legal drinking age in the UK is 18.
It is illegal to ride a bike on a pavement or footpath. Cyclists must have lights on when riding at night, and while wearing a helmet is not compulsory, it is strongly recommended.
In the UK, you have the right to free legal advice, to tell someone where you are, to receive medical attention if required, and to receive a written notice of your rights in a language you understand. You can choose whether or not to answer police questions, but this may damage your defence.
It is illegal to carry a knife in a public place in the UK. If you are found to be carrying a knife, you will be arrested.
The UK has three distinct legal systems: English law (in England and Wales), Scots law, and Northern Ireland law. Since 2007, there have been calls for a fourth type of law, Welsh law, as a result of Welsh devolution.
