AC 3.1 - Role of the Judiciary in Social Control

Question 1

Explain the role of the Judge (6 points)

Answer 1

• System is adversarial, meaning the parties run their cases with the judge acting as referee
• Ensure the jury understands the evidence & issues
• Advise the jury on procedure & their duties
• Will pass a sentence if defendant is found guilty
• Under CJA (2003), can sit alone without a jury, to determine a verdict
• Can also interpret the law if unclear and set precedent for other courts to follow

Question 2

How is the Judiciary funded? (2 points)

Answer 2

• Salaries are decided following recommendations of the Senior Salaries Review Body
• The SSRB provides independent advice to the PM, the Lord Chancellor and Secretary of State for Defence

Question 3

What is the Philosophy of the Judiciary? (2 points)

Answer 3

• A judge must be loyal to the ruling monarch, as they are the figurehead of the legal system
• They must apply the law equally under 2 oaths: Oath of Allegiance & Judicial Oath

Question 4

What are the Working Practises of the Judiciary? (3 points)

Answer 4

• As judges have the ultimate responsibility for decisions on freedom of people, it’s vital they make decisions based solely on the law, evidence & facts
• Hence, an independent judiciary is essential for a fair, consistent & neutral administration of justice
• Free from political control and cannot be dismissed by the government

Question 5

What types of criminality & offenders does each type of court deal with? (4 points)

Answer 5

• Supreme: Cases of greatest importance affecting whole population
• Appeal: Appeals against convictions / sentences in Crown Court
• Crown: Indictable & Triable either-way offences
• Magistrate: Triable either-way offences or summary offences

Question 6

What is the reach of the Judiciary? (2 points)

Answer 6

• Supreme Court has nationwide jurisdiction & settles points of NATIONAL importance
• Judges in lower courts (E.G. Crown) deal with LOCAL cases