Judges Flashcards
Role of all judges
Decide verdict
Sentence
Decide question of law
Preside over court - ensure fairness
Crown court judge
Deal with appeals from mags
triable either way or indictable offences
Set persuasive precedence to mags
Sentence
Advise jury
Do not decide guilt
Magistrate judge
Lay person - Advised in law by clerk
Sentence - 6 month / 12 for 2
Unlimited fines
Mode of trail hearing - triable either wta
Hear pre trail process
Set bail
Decide guilty
What is mode of trail hearing
Decides where triable e yh owe way cases are heard
Done by magistrates
Based of seriousness complexity and D preference
Court of appeal / appellate court
Set binding precedence
Can be leapfrogged - administration of justice act 1969
Revise sentence or remedies
Decide if result is wrong
Civil judges Burden of proof
Balance of probability
Criminal judge burden of proof
Beyond all reasonable doubt
Superior judge
high court
Court of appeal
Supreme Court
Inferior judges
Crown
Magistrates
County
Types of inferior judges
Circuit - county , crown
District - magistrates
Role of superior judge
High court
Hear cases at first instance
Above 100,000 for claim multi track
Appeal from county court
Hear cases from crown if appealed by way of cases stated - question of law
BINDING PRECEDENCE - as lower court stare decsis -“stand by”
Superior judges Supreme Court
Binding precedence
Hear cases of general public importance or appeals
Can use practise statement 1966 - depart from previous decision when right to do so
11 members
Court of appeal
Appeals from crown
Or high court
Civil or criminal
Can be leapfrogged- administration of justice act 1969
Roles of civil judges
Award remedies
Balance of probability
Decide tracks
Criminal law judges
Direct jury
Beyond all reasonable doubt
Sentence
Apply law
