The English law legal system, developed over the centuries, is the basis of common law[101] legal systems used in most Commonwealth countries[102] and the United States (except Louisiana). Despite now being part of the United Kingdom, the legal system of the Courts of England and Wales continued, under the Treaty of Union, as a separate legal system from the one used in Scotland. The general essence of English law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent—stare decisis—to the facts before them.[103]
The court system is headed by the Senior Courts of England and Wales, consisting of the Court of Appeal, the High Court of Justice for civil cases, and the Crown Court for criminal cases.[104] The Supreme Court of the United Kingdom is the highest court for criminal and civil cases in England and Wales. It was created in 2009 after constitutional changes, taking over the judicial functions of the House of Lords.[105] A decision of the Supreme Court is binding on every other court in the hierarchy, which must follow its directions.[106]
Crime increased between 1981 and 1995, but fell by 42% in the period 1995–2006.[107] The prison population doubled over the same period, giving it the highest incarceration rate in Western Europe at 147 per 100,000.[108] Her Majesty's Prison Service, reporting to the Ministry of Justice, manages most prisons, housing over 85,000 convicts.[109]