The Courts of Petty Sessions, which may be held by a single justice, have jurisdiction In disputes as to contracts between master and servant, or between members of friendly societies, affiliation orders and in certain matrimonial matters.
The ordinary criminal courts are: Courts of Petty Session; Courts of Quarter Session ; the Assizes ; the Central Criminal Court; the King's Bench Division; and the Court of Criminal Appeal. Courts of Borough Quar ter Sessions are now held in 131 of the larger cities and towns, having the same jurisdic tion as the Quarter Sessions in a county. The judge of each is called a Recorder (q. v.).
Peers charged with treason, felony, or mis prision are tried either in the House of Lords or in the Court of the Lord High Steward.
Appeals in criminal cases from the Chan nel Islands, the Isle of Man, the Empire of India and the colonies are heard by the Judi cial Committee of the Privy Council.
Courts of Petty Sessions are held by Jus tices of the Peace appointed by the crown on the recommendation of the Lord Lieuten ant of the county. There is no limit to the number in any county. They are unpaid. They elect their own chairmen. They hold office for life, but may be removed by the Lord Chancellor for misconduct. They are appointed for a whole county, but ordinarily act in the sessional division in or near which they reside. Any two or more may in their own division form a Capital Court of Petty Session. An appeal lies to the Court of Quarter Session or the King's Bench Divi sion, the latter only on a point of law.
Courts of Quarter Sessions are inferior Courts of Record. All the justices of the county are justices of this court for their county ; two constitute a quorum. They try by jury prisoners committed for trial by the Courts of the Petty Sessions for the county. In boroughs there is a great variety of such courts under their various charters. The judge of a borough court is called a Record er. Appeals from the Petty Sessions are heard without a jury ; the cases are reheard. The King's Bench Division may review on certiorari any proceeding of a Court of Quarter Sessions..
The Assizes are held by the judges of the High Court at the capital of each county and other assize towns. There are eight circuits. See As SIZE.
The Central Criminal Court was created in 1834. It is the Court of Assize and Quarter Session for the City of London and its Liber ties, and the Court of Assize for the Coun ties of London and Middlesex and certain parts of Essex, Kent and Surrey. It sits at least twelve times a year. , Its judges include the Lord Chancellor, the Judges of the High Court, the Lord Mayor, Aldermen, Recorder and Common Serjeant of the City of London, and two Commissioners.
The King's Bench Division is the successor of the Assize Court for the ancient county of Middlesex, which could try on indictment any treason, felony, or misdemeanor com mitted therein, and it still has the same pow er, though rarely exercised. It can try any misdemeanor committed in any part of Eng land, for which a criminal information has been filed by an officer of the crown, and any crimes committed out of England by public officials of colonies, or by officials of the crown in India. Any indictment from inferi
or courts may be removed by certiorari and tried there either "at bar" (by three judges), or at nisi prius (by one), before a jury of the county where the crime was committed. But this can be done only on the ground that an impartial trial could not be had in the court below, or that some difficult question of law is involved, or a special jury, or a view of certain premises, is necessary to a satisfactory trial. It has general superin tendence over all inferior courts of criminal jurisdiction and can review any proceedings of a court of quarter sessions on summary jurisdiction or certiorari. Any court of sum mary jurisdiction may state a case setting forth the facts for the King's Bench Division and the latter may order justices of the pet ty sessions to •state such a case. A court of quarter sessions may state a case for it on a point of law arising in some matter that has come before it on appeal from a court of petty sessions.
The Court of Criminal Appeal has juris diction over all criminal cases tried at Quar ter Sessions, the Assizes, the Central Crim inal Court, or in the King's Bench Division. It consists of the Lord Chief Justice of Eng land and the other judges of the King's Bench Division. Not less than three • judges must be present and the number must be un even. An appeal lies to the House of Lords when the Attorney General certified that a point of law of exceptional public impor tance is involved. A convicted prisoner has a right of appeal on any question of law or fact, or of mixed law and fact, if he can ob tain leave of the Court of Criminal Appeal or a certificate from the judge who tried the case that it is a fit case for appeal. By leave of the Court of Criminal Appeal a prisoner can appeal against a sentence passed upon him, but in such case that the court may in flict a more serious sentence. It may quash a conviction and may enter a verdict of acquit tal. In a proper case it will hear fresh evi dence. It cannot grant a new trial.
The House of Lords may try any one im peached by the House of Commons for any high crime or misdemeanor; also temporal peers and peeresses accused of high treason, felony or misprision. At such trial It is presided over by a peer as Lord High Stew ard appointed by the crown, or in the ab sence of such appointment, by the Lord Chan cellor. All the members of are en titled to be present and are equally judges of law and fact. The judges may be sum moned to give their opinion on any question of law. The bishops may be present, but may not vote in capital cases. If the House of Lords is not sitting, the accused will be tried in the Court of the Lbrd High Steward. See that title.
The above is abridged from Odgers, Com mon Law. See also HalsburyPs Laws of Eng land, title Courts.
See COUNTY COURTS.