The UK Supreme Court
- Ben Baker
- Apr 9
- 4 min read
*Note to reader: this article considers only the role of the Supreme Court in respect of criminal law
What is the UK Supreme Court?
To properly understand the UK Supreme Court and why it was created, it is important to understand the ‘separation of powers’. This is a principle within our unwritten constitution that dictates the legislative branch of the Government (‘the Executive’ i.e. Parliament, who debate and pass laws), should be entirely separate from the judicial branch of Government (‘the Judiciary’, who interpret and enforce the law passed by the Executive).
Prior to 2009, the highest court in the country was The House of Lords Appellate Committee, which sat in the House of Lords itself and was comprised of justices of that House. It was thought under Tony Blair’s Labour Government that the separation of powers, which ought to be a clear and definite separation, was somewhat muddied by the fact that the highest court sat within the trappings of an Executive House.
And so the UK Supreme Court was born, with the House of Lords Appellate Committee abolished by the Government of the day.
Function of the UK Supreme Court
The Supreme Court is tasked with determining matters of utmost legal importance, representing the final appeal court in the United Kingdom. This court is not just limited to hearing appeals concerning the jurisdictions of England and Wales but also has authority to hear final appeals concerning matters arising from the devolved nations’ legal systems (such as Scotland and Northern Ireland who otherwise have a distinct legal system of their own).
The UK Supreme Court is charged with interpreting and applying the law, but only after a rigorous process is followed in the lower courts. Below is a diagram of the seniority of the courts in England and Wales, to demonstrate the Supreme Court’s supremacy over those other institutions:
In order to appeal to the Supreme Court, permission must be granted. This permission is known as a Certificate. Such permission is only granted in exceptional cases where the point of law subject to the appeal is of great public importance and ought to be heard by the Supreme Court.
Is it common for a case to reach the UK Supreme Court?
No, it is not common for a case to reach the Supreme Court. As a yardstick, the Court of Appeal (Criminal Division) in 2023 heard 841 appeals. The Supreme Court in the same year heard only 90, out of 230 applications. Given that the Supreme Court statistics cover all areas of law and not just criminal law, the rarity of these cases clearly cannot be understated.
How many Judges sit in the UK Supreme Court?
The Supreme Court sits with a panel of Justices, which can extend to up to 11 Justices. An odd number of Justices is used in any case to try and avoid a ‘tie’!
Who represents parties in the UK Supreme Court?
Parties involved in a Supreme Court case are represented by barristers, with solicitors assisting in the preparation of the case before the substantive hearing. This is much similar to the process in the lower courts, however, one might expect to see counsel occupying the more senior end of the bar at the Supreme Court given these matters are often of the utmost importance and complexity.
How does the Supreme Court affect me?
A number of high-profile decisions have been made in recent history by the Supreme Court. These are decisions which have the potential to impact on the everyday lives of British citizens.
Below are a few examples of recent cases heard at this court, which may have affected you in some way, shape or form:
In 2019, the Supreme Court determined that PM Boris Johnson’s prorogation of Parliament in the prelude to the UK’s withdrawal from the EU was unlawful – this was a widely reported matter concerning a historic moment for the United Kingdom.
In 2022, the Supreme Court were tasked with ruling upon whether Scotland, as a devolved nation, had the power to call a second Independence Referendum without permission from Whitehall. The Court ultimately decided that this was not lawful, which had a significant impact on the future of the Union, and arguable on the lives of every Briton up and down the country.
In 2024, the Supreme Court refused permission sought by Shamima Begum to reinstate her British citizenship after the lower court stripped her of it, preventing her to return to the United Kingdom. This was a widely reported case, the decision of which sent shockwaves around the country and opened up a barrage of political debate over the merits of this decision and the long term impacts of it.
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Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.
