The Judges… by linzhengnd

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            The Judges …

Prior to the delivery of these
lessons you should have
 read and précised …
Chapter 16 of
„The English Legal System‟
by Jacqueline Martin.
    No chatting in this Lecture

 Ensure your mobile is switched off.
 Take notes – you can annotate your PDF
  printout.
 If you wish to ask a question raise your
  hand …
             The Judiciary



Their role is to make decisions in a fair, unbiased way,
 applying the law and the legal rules of England and
                        Wales.

 Generally, judges are either barristers or solicitors,
our judges are chosen from among practitioners and
         do not have a trained career path.
Two Types of Judges …
          Inferior Judges
   These are all Judges below those
that serve in the High Court (list them).
                   .




          Superior Judges
     All judges who serve in the
  High Court and above (list them)
      District Judges
Vast majority are solicitors – with at
     least five years experience.

   Sit in the County Court, dealing
            with civil cases.

Woolf reforms resulted in more District
       Judges being appointed.
Assistant Recorders and
Recorders
   Part-time judges who sit in the Crown
       Court for 20 days in the year.

 Must have been qualified as a barrister or
     solicitor for at least seven years.
       Appointment is for five years.
         Circuit Judges

          Sit in County Courts or
                Crown Court

        2 different routes to qualify:
                   Either
At least 7 years rights of audience experience
                       or
           have been a Recorder
          High Court Judges
                       To qualify -
       advocates of at least 7 years experience
             within the High Court or
      been a Circuit Judge for at least 2 years.

              Knighted on appointment

Note that solicitors and academic lawyers can be appointed.
 One of the first academic lawyers was Brenda Hale who is
          now the first woman judge in the Lords.
 Lord Justices of Appeal
Sit in the Court of Appeal and Divisional Court

 Usually appointed from among High Court
 Judges, but can be appointed from among
 practitioners with seven years High Court
                 experience


  In 2007, the first solicitor Lord Justice of
            Appeal was appointed.
    Supreme Court Justices
Usually appointed from among Lords Justices of
 Appeal, but can qualify either as practitioners
with fifteen years experience or having held high
            judicial office for 2 years.

     Sit in the Supreme Court and Judicial
        Committee of the Privy Council.
  The Supreme Court replaced the House of
          Lords in October 2009.
    All judgments by the Supreme Court are put
     on the website: www.supremecourt.gov.uk
 Appointment of Judges …
                         In class
            Answer the following questions…


How does the Judicial Appointments Commission work?
What are the five qualities that are desirable for a good
                        judge?
 Draw a flow-chart explaining the application process.
How are the Supreme Court Justices appointed and how
is this different to the former system for Law Lords in the
                       House of Lords?
            Activity

Undertake the activity on page 224 of
“The English Legal System” by
Jacqueline Martin.
          Judicial Roles…
  The work that a judge does depends on
  the level of court in which he/she works.
In pairs, draw a table explaining the type of work
           done by the following judges:

            Supreme Court Justices
            Lord Justices of Appeal
              High Court Judges
               Inferior Judges
    Removal from Office
       All Judges now retire at 70
District Judges, recorders and circuit judges
can be dismissed by the Lord Chancellor for
   incapacity or misbehaviour (as per the
      Constitutional Reform Act 2005)

High Court Judges, Lord Justices of Appeal
 and Supreme Court Justices can only be
removed from office at the request of both
Houses of Parliament (only happened once)
Role of the Judge in a Criminal Trial
       Primary duty - To ensure a fair trial
 This is done by following the rules of evidence and
  procedure - which ensure that each party has its
    case heard and is not allowed to act unfairly

In criminal trials – cases are adversarial with proof
             beyond reasonable doubt
     Must ensure that any jury understands the
                     evidence.
     Judge only deals with points of law and will
     determine any sentence if D is found guilty.
Role of the Judge in a Civil Case
 Less adversarial since the Woolf Reforms

 Judges now have to be active in managing
        cases – agree timetable etc
   Judges must encourage alternative
          dispute resolution

  Judge hears the case and decides whose
 evidence is most compelling applying the
              law to the facts
Role of the Judge in any
      Appeal Case
In Appeal Cases, Judges do not usually have to
    concern themselves with issues of fact.

They interpret the law and decide whether the
 trial judge got the law right and applied it
            correctly to the facts.

     They may also have to decide if the
     sentence or award was appropriate.
    Training and quality
         control …
 Training of judges is carried out by the
        Judicial Studies Board.

Most of the training is aimed at Recorders
            – one week course.

 Experienced lawyers do not necessarily
  have experience in judicial tasks e.g.
        summing-up to the jury.
Composition of the Judiciary

To what extent is the judiciary dominated
   by elderly, white, upper-class males?

 (Use statistics etc. to support your answer).
       Separation of Powers
               (they must be separate)

   The three primary functions of the state as identified by
                       Montesquieu:
         The Legislature (i.e. Parliament)
            Executive (i.e. the Government)
               Judiciary (i.e. the Judges)
  Can you identify any overlap between the arms of state?

The current Lord Chancellor has chosen not to sit as a Judge.
    Judicial Independence
Judges can be thought of as being independent in
               a number of ways:

      Independence from the legislature
      Independence from the executive
       Freedom from outside pressure
      Independence from political bias
        Independence from the case

Give examples, using statute and case law, of each of the
                   above categories.
        Practical Task

Undertake the activity on p.229 of “The
  English Legal System” by Jacqueline
                Martin.
In Silence …

   In class - plan answers to the
 exam questions on pages 238-239
  of “The English Legal System”.

								
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