A divisional court, in relation to the
High Court of Justice of England and Wales, means a court sitting with at least two
judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
s.
[Section 66, Senior Courts Act 1981.] Matters heard by a divisional court include some criminal cases in the High Court (including appeals from
magistrates' court
A magistrates' court is a lower court where, in several Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales) ...
s and in
extradition
In an extradition, one Jurisdiction (area), jurisdiction delivers a person Suspect, accused or Conviction, convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforc ...
proceedings) as well as certain
judicial review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
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.
The best known divisional court is that of the
Administrative Court
An administrative court is a type of specialized court on administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are usually co ...
, which is a specialist court in the King's Bench Division which deals with judicial review claims, some criminal appeals (including by
case stated) and writs of ''habeas corpus''.
There are also divisional courts of the
Family
Family (from ) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). It forms the basis for social order. Ideally, families offer predictabili ...
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.
See also
*
Full court
A full court (less formally, full bench) is a court of law sitting with a greater than normal number of judges. For a court which is usually presided over by one judge, a full court has three or more judges; for a court which, like many appella ...
References
High Court of Justice
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