The English law legal system, developed over the centuries, is the foundation of many legal systems throughout the Anglosphere.[57] Despite now being part of the United Kingdom, the legal system of the Courts of England and Wales continued as a separate legal system to the one used in Scotland as part of the Treaty of Union. 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.[58] The court system is headed by the Supreme Court of Judicature, consisting of the Court of Appeal, the High Court of Justice for civil cases and the Crown Court for criminal cases.[59] The House of Lords is the highest court for both criminal and civil cases in England and Wales though constitutional changes will soon see those powers transfer to a new Supreme Court of the United Kingdom.[60] A decision of the highest appeal court in England and Wales, the House of Lords, is binding on every other court in the hierarchy, which follow its directions.[61] Crime increased between 1981–1995, though since then there has been 42% fall in crime for the period 1995–2006.[62] The prison population doubled over the same period, giving it the highest incarceration rate in Western Europe at 147 per 100,000. Her Majesty's Prison Service reporting to the Ministry of Justice, manages most prisons, housing over 80,000 convicts.
