Explain and evaluate the role of the judiciary in achieving social control - AC 3.1 - 3.4 Flashcards
What is the judiciary made up of, and what do they uphold?
judges
Magistrates
Tribunal members
coroners
They all uphold the law
What is the judiciary’s role?
Their role is to ensure laws are properly implemented, does this by interpreting the law and then enforcing it
How many judges are in courts across the UK?
3000
What are the six principles in the Guide to Judicial Conduct (2016)?
Judicial independence - judges should be free from government interference, so they can uphold the rule of law
Impartiality - Not showing favour to one side or the other
Integrity - Being honest and with strong moral principles
Propriety - upholding society’s accepted standards of behaviour and morals
Ensuring equal treatment - everyone who comes before the courts
Competence - the knowledge and ability to do the work
What are the two oaths judges swear to?
The Oath of Allegiance - swear loyalty to monarch, heir and successors
The Judicial Oath - ‘do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will’
What percentage of judges are male?
68%
What percentage of judges are aged over 50?
over 50%
What percentage of judges were privately educated?
74%
What percentage of judges are BAME?
7%
What percentage of judges are women?
35%
Why is the difference in percentage of people as judges problematic?
Its not representative enough to society, mostly old white men - this could prove with more issues with bias and potentially harsher to those not like them.
What is a good case example for gender bias?
Judge James Pickle
How does Judge James Pickle demonstrate gender bias within the judiciary?
He’s proven to be more lenient and favourable to men, but harsher to women.
Example - sentences a single mother to 6months in prison for turning a blind eye to her MALE friend shoplifting
This is a clear bias to males - this links to undermining impartiality
What is a good case example for class bias?
Judge Ian Pingle and Lavinia Woodward
What are some factors that could be the reason why Lavinia Woodward was spared jail?
Her intelligence, class and ethnicity - prison will ruin her life and job prospects
She showed remorse and said she would go to rehab
She was a 1 time offender
How does Judge Ian Pingle demonstrate class bias within the judiciary?
Lavinia was from a rich family so she can easily afford help she needs to show more remorse - poorer people couldn’t access this
She is a student at Oxford Uni studying medicine so she would be of importance if she would get a job in that field so he ‘can’t’ ruin her chances.
What is the basic role of the judiciary?
To interpret and apply the law
What must the judge do in crown court?
Manage the trials
ensure fairness to all parties
explaining the legal issues and procedures to members of the jury
summing up the evidence
passing sentences if defendant is found guilty
What must the judge do in appeal courts?
Make rulings on the appeals that come before them from lower courts in the hierarchy
create precedents through the principle of judicial precedent - bind the future decisions of the lower courts
What does the unduly lenient sentences scheme allow?
Victims, prosecutors, members of the public can apply to the Attorney General or the Solicitor General for a sentence to be reviewed if they feel it was unduly lenient.
If the minister agrees with the error they will send it to the court of appeal where it can be increased if necessary.
How many cases were referred and increased in 2018 for leniency?
140 cases referred with 99 sentences being increased.
In general are judges being too lenient?
Compare the 2018 statistic for appeals of sentences and the thousands of cases being passed each year for serious offences it suggests that in general judges are not being unduly lenient in their sentencing
What are good examples of unduly leniency within the judiciary?
Joshua Gardner
Ian Paterson
How does the case of Joshua Gardner demonstrate unduly leniency within the judiciary?
He was filmed attacking a car with a zombie knife in broad daylight, attempting to stab the 19yr old driving
A judge sentenced him to 2 years on a suspended sentence, but the solicitor general argued that the sentence was too insufficient in the court of appeal and judges jailed Gardner for 3 1/2 years
How does the case of Ian Paterson demonstrate unduly leniency within the judiciary?
Performed unnecessary breast surgeries and used un-approved techniques for patients with breast cancer.
Exaggerated the risks of tumours to earn extra cash.
675/1207 of the patients had died by 2017.
found guilty with 17 counts of wounding with intent, 3 counts of unlawful wounding
Handed a 15 year sentence which increased to 20 with the court of appeal
What does unduly harsh sentences mean?
Judges and magistrates sentencing people more harshly?
What are some examples of unduly harsh sentences that were given out during the London Riots in 2011?
2 people were sentenced to prison for 4 years for ‘inciting disorder’ on Facebook
6 months for stealing £3.50 worth of water
Average Crown Court sentence rose to 6-13 months, 18% more than the typical 6-11 months
What is the pay of the judiciary based on?
The senior Salaries Review Body which makes recommendations to the PM and the Lord Chancellor on how much judges should be paid
What was the salary of the most senior judge and the lowest rank of judges?
Senior judge - £262,000
Lowest rank - £112,000
What are the stipulants that are applied for judges funding?
They have security of tenure - can’t be fired from the office except by a petition to the Monarch by both houses of parliament
Their salary is guaranteed
Why is it important that judges have security of tenure?
Not fearful to lose their jobs if politicians criticise them
Decisions can’t be influenced by anything other than the law - decisions aren’t made so they can keep their jobs
Why is it important that judges get a guaranteed salary?
They would probably rush cases if their salary was case by case
It doesn’t matter if there are too little cases
Less risk of fraud, bribery, etc.
What is the judiciary hierarchy divided in to?
Superior judges - sit in supreme court, court of appeal and high court
Inferior judges - sit in crown court, sometimes magistrates court
How are less serious cases typically dealt with?
Magistrates, cation and fixed-penalty notices issued by the police
How are more senior level cases typically dealt with?
Supreme court has nationwide jurisdiction and settles points of law of national importance
How are local cases typically dealt with?
Magistrates of the local crown court if it’s too serious for magistrates
What did the latest Judicial Attitudes survey conclude (2016)?
42% of all judges said they would leave if they had an alternative option - compare to 23% in 2014
More than a 1/3 of salaried judges said they consider leaving the judiciary early over the next 5 years
