Photo: View of Court Room - Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the court of final appeal for the UK overseas territories and Crown dependencies. It also serves those Commonwealth countries that have retained the appeal to His Majesty in Council or, in the case of republics, to the Judicial Committee.
Below, you can find information about the JCPC, its history, role, jurisdiction, the legislation and judgments of the court.
Under the tab Introductory Film, you may also find a useful video about the court.
The information found here on the JCPC has been compiled from their website. Further information on the JCPC can be accessed here.
What is the Judicial Committee of the Privy Council? What are its links to the Supreme Court of the United Kingdom? Where does it sit?
This introductory film, primarily aimed at GSCE/Standard Grade students, explains these issues by exploring the role and the workings of the Supreme Court, the only court with UK-wide jurisdiction and the highest court in the land.
Taking a look around both courts' home in the grand former Middlesex Guildhall, in Parliament Square, the film also gives a glimpse of what you can expect to see on a visit here.
The jurisdiction of the Judicial Committee of the Privy Council (JCPC) originated at the Norman conquest with the premise that:
"The King is the fountain of all justice throughout his Dominions, and exercises jurisdiction in his Council, which act in an advisory capacity to the Crown."
This council or court was the 'Curia Regis' from which springs the British judicial system. Subjects who had grievances against the administration of justice could submit their petitions to the King who appears to have exercised supreme appellate jurisdiction.
When Parliament developed out of this council, the majority of petitions were referred to the High Court of Parliament, which became the chief appellate tribunal.
At the beginning of the 14th century, receivers were appointed to aid the dispensation of justice in Parliament. One group was appointed for Great Britain and Ireland, and one for the Channel Islands.
Appeals from the Channel Islands became the first regular appellate business of the King’s Council, now the JCPC. With the growth of the British empire, this business increased with appeals and petitions from the Royal Council, and Privy Council Committees were formed.
The present constitution of the JCPC is based on the Judicial Committee Act 1833.
Under the Appellate Jurisdiction Act 1876, the Law Lords became the permanent judges of the court.
Today, all Privy Counsellors who hold or have held high judicial office in the United Kingdom or have been judges of superior courts of certain Commonwealth countries, are eligible to sit if they are under 75 years of age.
The Judicial Committee of the Privy Council originated as the highest court of civil and criminal appeal for the British Empire.
It now fulfils the same purpose for many Commonwealth countries, as well as the United Kingdom’s overseas territories, crown dependencies, and military sovereign base areas.
Over the years it has been asked for final rulings and interpretations of many different kinds of law, from Roman Dutch law in appeals from South Africa, to pre-revolutionary French law from Quebec, and Muslim, Buddhist and Hindu law from India.
The Judicial Committee also hears very occasional appeals from a number of ancient and ecclesiastical courts. These include the Church Commissioners, the Arches Court of Canterbury, the Chancery Court of York, prize courts and the Court of Admiralty of the Cinque Ports.
Five judges normally sit to hear Commonwealth appeals, and three for other matters. These judges are usually Justices of The Supreme Court.
Until October 2009, the Judicial Committee heard appeals in the Council Chamber in Downing Street. Today it shares a building, and many administrative functions, with The Supreme Court, and usually sits in Court 3.
The Judicial Committee of the Privy Council is the highest court of appeal for many Commonwealth countries, as well as the United Kingdom’s overseas territories, crown dependencies, and military sovereign base areas.
It also hears very occasional appeals from a number of ancient and ecclesiastical courts. These include the Church Commissioners, the Arches Court of Canterbury, the Chancery Court of York, prize courts and the Court of Admiralty of the Cinque Ports.
The Judicial Committee hears domestic appeals to His Majesty in Council as follows:
The Judicial Committee also has the following rarely-used jurisdictions:
Additionally, His Majesty has the power to refer any matter to the Judicial Committee for "consideration and report" under section 4 of the Judicial Committee Act 1833.
Under the Constitutional Reform Act 2005, devolution cases from the regions of the United Kingdom are now heard by The Supreme Court.
To bring an appeal to the Judicial Committee of the Privy Council, you must have been granted leave by the lower court whose decision you are appealing. In the absence of leave, permission to appeal must be granted by the Board. In some cases there is an appeal as of right and a slightly different procedure applies.
In civil cases, the lower court will generally grant you leave to appeal if the court is satisfied that your case raises a point of general public importance.
In criminal cases, it is unusual for the lower court to have the power to grant leave unless your case raises questions of great and general importance, or there has been some grave violation of the principles of natural justice.
Appeal therefore lies from these countries:
Legislation enacted in New Zealand in October 2003 abolished appeals from New Zealand to the Privy Council in respect of all cases heard by the Court of Appeal of New Zealand after the end of 2003. This New Zealand legislation does not affect rights of appeal from the Cook Islands and Niue.
Appeal to the Judicial Committee also lies from the following independent republics within the Commonwealth
The circumstances in which appeals may be brought are similar to those in which appeals lie to His Majesty in Council as above, except that from Kiribati an appeal lies only in cases where it is alleged that certain constitutional rights of any Banaban or of the Rabi Council have been or are likely to be infringed.
Overseas territories and sovereign base appeals
The Judicial Committee hears appeals from the following overseas territories of the United Kingdom:
Additionally, appeals are heard from sovereign base areas in Cyprus:
Appeals to local head of state
In civil cases only, an appeal lies to the Judicial Committee from the Court of Appeal of Brunei to the Sultan and Yang di-Pertuan.
By agreement between His Majesty and the Sultan these appeals are heard by the Judicial Committee, whose opinion is reported to the Sultan instead of to His Majesty.
In the 1930s the Judicial Committee of the Privy Council was said to be the final court of appeal for more than a quarter of the world.
When the British empire became the Commonwealth of Nations, many member countries chose to retain their legal links with the United Kingdom.
Today, the Judicial Committee still hears ‘appeals to His Majesty in Council’ from many countries worldwide.
The historic powers of the Judicial Committee within the United Kingdom are governed by the following domestic legislation, some of which has now been repealed.
Appeals from outside the United Kingdom may also be governed by the laws of the countries and territories concerned.
Appeals from the Council of the Royal College of Veterinary Surgeons
Appeals against pastoral schemes of the Church Commissioners
Judgments or Decided Cases of the Privy Council can be found here:
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Please note that the contents of this guide are provided strictly for individual, non-commercial, academic/educational, reference and/or research use and do not constitute legal advice. This guide does not substitute an individual's right to do their own research. Persons seeking legal advice should consult a practising attorney-at-law in their jurisdiction.
The information of this guide was compiled using open sources such as official websites and other resources.
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