The Judicial Committee of the Privy Council

The Privy Council itself dates back to the fourteenth century, but its Judicial Committee (JCPC) is based on the Judicial Committee Act 1833, with the Law Lords (now the Supreme Court Justices) becoming its permanent members under the Appellate Jurisdiction Act 1876.

The functions of the Privy Council itself are, in practice, almost entirely formal, being limited to approving decisions which have already been made elsewhere. The formal nature of the Privy Council’s business is reflected in the fact that only a handful of members attend the vast majority of meetings, during which they remain standing. It normally meets in the presence of the Queen. There is no closed category of potential members, but, in practice, its members (who are appointed for life) are drawn principally from the ranks of senior parliamentarians. Additionally, however, and by convention, the Archbishops of Canterbury and York, together with the judges who head each of the divisions of the Court of Appeal and the High Court, also become members

The Judicial Committee of the Privy Council (JCPC) was created as the British Empire’s highest court of appeal in both civil and criminal cases. As the Commonwealth replaced the Empire, this business shrank and now covers only the United Kingdom’s overseas territories and Crown dependencies, together with those Commonwealth countries that have chosen to retain the JCPC as the final court of appeal from their own courts.

As its name suggests, the JCPC is, technically, not a court. In formal terms, it advises the Queen as to whether appeals should be allowed or dismissed, rather than making decisions itself. However, she always accepts the advice. Despite the technical position, it is commonplace to refer to decisions of the Privy Council.

Before the Supreme Court came into being in 2009, the JCPC also had jurisdiction in certain constitutional disputes arising out of devolution to Northern Ireland, Scotland and Wales. However, this jurisdiction was transferred to the Supreme Court on its creation in 2009.

The principal members of the Judicial Committee of the Privy Council are the Supreme Court Justices (previously the Law Lords), who may sit together with senior judges from overseas countries when cases from their jurisdictions are being heard. A bench of five judges is usual.