English Criminal law – Introduction
The criminal law in force in England and Wales is the focus of our study, with the Scots having their own legislation. Although Parliament makes laws for the entire United Kingdom, due to the significant differences in the legal systems of England, Wales, and Scotland, it frequently needs to make distinctions between the two. We refer to "England and Wales" (Section 25 of the Interpretation Act 1978 and Sch. 3 repeals the Wales and Berwick Act 1746 under which the word “England” included Wales) because many Welshmen perceive them as two distinct nations, although what is considered England also applies to Wales. Almost all legal purposes consider the territory to be a single entity. Although we have both English and Welsh High Court and circuit judges, it would be incorrect to refer to them as "English and Welsh judges" because they were not chosen on that basis. Since there aren't actually two legal systems, "English and Welsh law" would be worse. Therefore, one must state that Welsh people are subject to English law, just as Americans and Australians must use the English language to communicate. Sometimes, just because it's easier, I'll even use the term "England" to stand in for the formal and diplomatic phrase "England and Wales," just because it's less awkward. Despite a number of statutory differences, Northern Ireland's and the Republic of Ireland's legal systems are mostly similar to those of England. Many of the fundamental principles of criminal law are also still recognised in other nations that developed from the English common law, including the United States, Canada, Australia, New Zealand, and too many African states to list. Decisions made abroad based on the common law are regularly cited in our courts and have persuasive authority.
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