Divisional Court
Encyclopedia
A Divisional Court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judge
s. Matters heard by a Divisional Court include some criminal cases in the High Court (including appeals from magistrates' court
s and in extradition
proceedings) as well as certain judicial review
cases. Although often referred to in practice as the Divisional Court, a Divisional Court is in fact not a separate court or division of the High Court but essentially refers to the number of judges sitting. Usually a Divisional Court sits with two judges but occasionally the bench comprises three judges (as it did in the recent appeal concerning disclosure of MPs' expenses, where the court comprised the President of the Queen's Bench Division
, a Lord Justice of Appeal
and a High Court Judge
).
The best known Divisional Court is that of the Administrative Court, which is a specialist court in the Queen's Bench Division which deals with criminal and judicial review cases. There are also Divisional Courts of the Family
and Chancery Divisions to deal with certain cases.
The usual constitution of a Divisional Court is one Lord Justice of Appeal and one High Court Judge, in comparison to other sittings of the High Court which are usually before a single High Court Judge.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s. Matters heard by a Divisional Court include some criminal cases in the High Court (including appeals from magistrates' court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
s and in extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
proceedings) as well as certain judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
cases. Although often referred to in practice as the Divisional Court, a Divisional Court is in fact not a separate court or division of the High Court but essentially refers to the number of judges sitting. Usually a Divisional Court sits with two judges but occasionally the bench comprises three judges (as it did in the recent appeal concerning disclosure of MPs' expenses, where the court comprised the President of the Queen's Bench Division
President of the Queen's Bench Division
The President of the Queen's Bench Division is the head of the Queen's Bench Division of the High Court of Justice. The current President is Sir John Thomas....
, a Lord Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
and a High Court Judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
).
The best known Divisional Court is that of the Administrative Court, which is a specialist court in the Queen's Bench Division which deals with criminal and judicial review cases. There are also Divisional Courts of the Family
Family division
Family division can refer to:* Family Division of the High Court of Justice* divorce* annulment* division of property* alimony* parental responsibility * dysfunctional familyFor an overview, please see family and family law....
and Chancery Divisions to deal with certain cases.
The usual constitution of a Divisional Court is one Lord Justice of Appeal and one High Court Judge, in comparison to other sittings of the High Court which are usually before a single High Court Judge.