Gavin Howe
The United Kingdom has a complex legal system with a variety of historical influences. While there are three distinct legal jurisdictions in the UK: England and Wales, Northern Ireland, and Scotland, each with its own legal system, the exact number of laws within these systems is difficult to determine. This complexity arises from the UK's long history of settlement, conquest, and colonial rule, as well as its former membership in the European Union. The UK's legal system is influenced by both common law traditions and statutory instruments, with Acts of Parliament being the primary source of legislation. The impact of EU law on the UK's legal landscape has also been significant, especially in areas like workers' rights and trade, though the extent of this influence is debated. Additionally, the devolved legislatures in Northern Ireland, Scotland, and Wales have the power to pass laws specific to their regions, further contributing to the overall number of laws in the UK.
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What You'll Learn
The UK's four nations and three legal systems
The United Kingdom is a unitary sovereign state made up of four countries: England, Scotland, Wales, and Northern Ireland. Each of these nations has its own distinct history, culture, language, capital, and flag, and they also boast special holidays and celebrations that reflect their unique identities.
Despite being one sovereign state, the UK comprises three distinct legal jurisdictions: England and Wales, Northern Ireland, and Scotland. Each of these jurisdictions retains its own legal system, even after joining the UK. For example, Scots law has remained distinct from English law, even though Scotland became part of the UK over 300 years ago. Similarly, the law of Northern Ireland, while closely resembling English law, has some important differences.
The UK's highest civil appeal court is the Supreme Court of the United Kingdom, whose decisions are binding on all three (or four, if Wales is included) jurisdictions. The UK Parliament and UK Government deal with all reserved matters for Northern Ireland, Scotland, and Wales, but not in general matters that have been devolved to the Northern Ireland Assembly, Scottish Parliament, and the Senedd (the Welsh Parliament).
Since 1999, Scotland has had a devolved national government and parliament with wide-ranging powers over any matter that has not been specifically reserved for the UK Parliament. Scotland has the most devolved powers of the three devolved parliaments in the UK, with full legislative control over education, law and order, the economy, healthcare, elections, housing, and more.
Wales has also sought further autonomy for its justice system, with the "Commission on Justice in Wales" recommending the full devolution of the Welsh justice system in 2019. This would formalize Wales as the fourth jurisdiction of the UK, with multiple calls from academics and politicians for a Welsh criminal justice system.
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The influence of EU law in the UK
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 Irish law. Since 2007, there have been calls for a fourth type, that of purely Welsh law, as a result of Welsh devolution.
The UK's legal systems have been influenced by EU law in several ways. Firstly, in fulfilment of its former EU treaty obligations, European Union directives had been transposed into the UK legal system on an ongoing basis by the UK parliament. This influence has resulted in a significant number of EU-derived laws in the UK; according to Thomson Reuters, 52,741 laws have been introduced in the UK as a result of EU legislation since 1990. These laws cover a wide range of areas, including trade, agriculture, financial services, and the environment.
Upon Brexit, non-transposed EU law was transplanted into domestic law as "retained EU law", with a transition period from 31 January to 31 December 2020. During this transition period, the UK remained aligned with EU law. The European Union (Withdrawal) Act 2018 provided a constitutional framework for the continuity of this 'retained EU law', with thousands of amendments to ensure the UK statute book remained operational in an independent legal system.
Since Brexit, the UK government has continued to publish and update a Retained EU Law Dashboard, listing the status of over 4,000 legislative instruments that it has identified. While most retained EU law was initially identical to the EU's own, the two legal systems will inevitably diverge over time as they evolve independently. This divergence is already evident, with the UK introducing new primary legislation to replace retained EU law in some areas, such as agriculture and subsidy control.
The Northern Ireland Protocol sets out the circumstances in which EU legislation may continue to apply in the UK with respect to Northern Ireland, to maintain cooperation with the Republic of Ireland and avoid a hard border. This is a complex area, with specific legislation applying in relation to the Withdrawal Agreement.
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Alcohol laws
Age Restrictions
It is illegal for anyone under the age of 18 to purchase alcohol in the UK. This includes buying alcohol in shops, supermarkets, off-licences, bars, clubs, restaurants, and online. It is also illegal for adults to buy or attempt to buy alcohol for someone under 18 to consume in a public place or licensed premises. However, young people aged 16 or 17 can drink beer, wine, or cider with a meal if it is bought by an adult and they are accompanied by an adult. Even with adult supervision, it is illegal for this age group to drink spirits in pubs.
Licensing Laws
Pubs, restaurants, shops, and other premises must be licensed by the local authority to sell alcohol. In England, Wales, and Scotland, there are two types of licences: the Premises Licence, which specifies the times and conditions under which alcohol can be sold, and the Personal Licence, which authorises individuals to sell alcohol. Every premises selling alcohol must also have a Designated Premises Supervisor (DPS) or Designated Premises Manager (DPM) in Scotland, who must hold a valid Personal Licence.
Opening Hours
Historically, licensing laws restricted the opening hours of pubs and licensed premises. While these restrictions have been repealed in recent decades, some local by-laws may still impose time restrictions on alcohol sales. For example, in Scotland, the purchase of alcohol is limited to between 10:00 am and 10:00 pm.
Drinking in Public
Some towns and cities have local by-laws that ban drinking alcohol in public spaces. It is illegal for those under 18 to drink alcohol in public, and they may be fined or arrested if caught by the police.
Drinking and Driving
It is illegal to drive with a blood alcohol level above the prescribed limit, which is 80mg of alcohol per 100ml of blood in most of the UK and 50mg in Scotland. Breaking this law can result in licence revocation, fines, or even imprisonment. Causing death through careless driving while under the influence can lead to life imprisonment.
Parental Responsibility
While it is not recommended, parents or carers can allow their children to drink alcohol at home from the age of 15, provided they are supervised and educated about the dangers of alcohol. It is illegal to give alcohol to children under the age of five, except in emergencies under medical supervision.
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Knife crime laws
The United Kingdom has three distinct legal systems: 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, purely Welsh law, as a result of Welsh devolution.
It is illegal for anyone, including shops, to sell a knife of any kind (including cutlery and kitchen knives) to anyone under the age of 18. If you are under 18, it is illegal to buy most types of knives. Anyone over the age of 10 can be charged and taken to court if they are caught with an illegal knife, even if it is the first time they have been stopped by the police. If convicted, they could receive a community sentence, a fine, or imprisonment.
There are several types of knives that are illegal to carry, including:
- Flick knives, also called switchblades or automatic knives, where the blade is hidden inside the handle and shoots out when a button is pressed
- Butterfly knives, where the blade is hidden inside a handle that splits in two, or the handles swing around the blade to open or close it
- Disguised knives, where the blade is hidden inside something like a belt buckle or fake mobile phone
In addition to knife crime laws, there are laws regarding harmful substances. It is against the law to have a corrosive substance in a public place.
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Hate crime laws
The United Kingdom has three distinct legal systems: 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, with further calls for a Welsh justice system.
In England, Wales, and Scotland, the Public Order Act 1986 prohibits expressions of racial hatred, which includes hatred based on colour, race, nationality, or ethnic or national origins. This Act has been amended over the years, with the word "insulting" removed from Section 5 in 2012, and further amendments made in 2013.
In Scotland, the Hate Crime and Public Order (Scotland) Act 2021 came into force on 1st April 2024. This Act provides greater protection for victims and communities, consolidating existing hate crime laws and creating new offences related to "threatening or abusive behaviour intended to stir up hatred" based on age, disability, religion, sexual orientation, transgender identity, and variations in sex characteristics. The Scottish government's decision to introduce this Act was based on Lord Bracadale's independent review of hate crime laws.
While the new Scottish hate crime law has been praised for providing additional protections, it has also faced criticism and controversy. Some, like SNP MP Joanna Cherry, have expressed concerns that it will be used to silence and criminalise individuals with differing beliefs, particularly those with gender-critical views. There are also worries about the potential impact on freedom of expression and the pressure it could place on the police force.
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Frequently asked questions
There are three distinct legal systems in the UK: English law (in the joint jurisdiction of England and Wales), Scots law, and Northern Ireland law. Wales has not had a separate legal system since the Laws in Wales Act 1535, but there have been calls for a Welsh justice system, which would be the fourth jurisdiction of the UK.
It is difficult to pinpoint an exact figure, but it is safe to say that EU law has a very significant presence and effect on UK law. Estimates range from more than 13% to less than 62%. The impact of EU law varies across sectors, with a greater influence on areas like workers' rights and trade due to the nature of the single market and free movement of workers.
The UK has legal relationships with many territories outside its borders, including former colonies and Commonwealth realms that share a common legal history. For example, English common law was extended to Canadian colonies, while French civil law was applied to Quebec. The influence of British law in the domestic law of former colonies varies, with some countries, like the United States, being strongly influenced, and others, like Ireland and India, having established their own independent legal systems.
