Judges Flashcards
s64 constitutional reforms act 2005
encourages independence and indirectly promotes diversity
s23 constitutional reforms act 2005
Created the supreme court initiating separation of powers
s3 constitutional reforms act 2005
guarantees independence in every situation
Crime and courts act 2013 general message
choose judges based on merit
Part 2 crime and courts act 2013
in situations of “equal merit” choose more diverse option
r v ponting 1985
Jury disobeyed command from judge to produce a “guilty” verdit. Emphasises diversity in judicial selection as judge wanted to rule against the public opinion.
pinochet 1999
Lord Hoffman taken off of a case for his ties with a human rights organisation
Thomas v NUM 1985
Court had to make a pressurised decision as powerful groups like National Union of Miners were involved.
Nigel Peters victim blaming quote
“the girl was predatory in all of her actions” talking about a 13yr old girl.
Bame judges in wales
less than 1%
How many supreme court judges are women?
3/12
How many BAME judges are there in the supreme court
None mate wehey!
% of female judges in the UK
35%
How many BAME tribunal judges
11%
% of female judges in court of appeal
30% (an improvement)
2023 % of high court female judges
31% (improvement)
% of judges coming from an ethnic background
11% ( improvement )
% of judges that come from a privetly educated background
85%
% of judges that come from a non-barrister background
33%
s2 Human rights 1998
Judges have to “take into account” decisions of the european court of human rights
s3 Human rights 1998
All legislation should be interpreted in a way compatible for human rights.
Abu Qatada Case
Terrorist NOT deported to his home country as he might have been tortured (A3 ECHR) and given an unfair trial (A6 ECHR)
Why are tribunals inferior to courts?
Because all of their decisions are reviewed by the high court
What happened in Peach Grey and co V sommers 1995?
Tribunal made an error in law and their decision was overturned by the high court
Tribunals are inquisitive, what does this mean?
Finding out the facts of the case where courts are more adversarial
Domestic Tribunals
Used with in professions
Employment Tribunals
Used in employer/employee disputes
Administrative Tribunals
Set up by government to deal with social security, immigration and to deal with vulnerable people
Which act is the administrative tribunals under?
tribunals and inquiries act 1992
What act are 1st tier instance tribunals under?
Tribunals, courts and enforcement act 2007
What Part are 2nd tier instance tribunals under?
Part 52 CPR
