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Appeals - The Judicial Committee of the Privy Council

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Jurisdiction

The Judicial Committee of the Privy Council is a court.
The Privy Council (PC) does not make a decision but advises the Queen of its opinion, implemented by an Order in Council.

This Committee is outside the court system and its findings are not binding precedent on a lower court, but because of the constitution of the Committee, it has immense persuasive authority.

The main work of the Committee is to hear appeals. It sometimes advises on other matters of law, such as the validity of certain legislation.

 

The Committee hears appeals from

  • Outside the United Kingdom
    from the Channel Islands, the Isle of Man and some Commonwealth countries. Recent cases include the confirmation of hanging of 9 West Indian appeal cases.

  • Ecclesiastical Courts
    Final court of appeal on ecclesiastical matters concerning church buildings or the clergy.

  • Queen's Bench Division of the High Court.
    From the Admiralty Court when acting as a Prize Court.

  • Medical Tribunals
    Doctors and veterinary surgeons who have had their names removed from the medical register for disciplinary reasons

Constitution

3 – 5 from the following:

  • Lord Chancellor and Secretary of State for Justice;

  • The present and previous Lord President of the Council:

  • Privy Councillors who hold or have held a high judicial office;

  • The Lords of Appeal in Ordinary (the Law Lords);

  • Persons who hold high judicial office ha Commonwealth countries.

Usually formed from the Law Lords therefore, the constitution in practice is similar to the House of Lords.

'Court' sits in Downing Street.

 

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