Judiciary and personnel of the court system

Question 1

Are magistrates legally qualified?

Answer 1

No, magistrates are not legally qualified.

Question 2

Do magistrates receive payment for their role?

Answer 2

No, magistrates are volunteers, but they receive expenses for their time

Question 3

How many magistrates sit on a panel?

Answer 3

Magistrates sit on panels of 3.

One magistrate serves as the chair of the panel

Question 4

who decides the guilt or innocence in magistrates court?

Answer 4

the magistrates judge OR justice of peace (same thing)

Question 5

What are the six key qualities necessary for a magistrate?

Answer 5

• good character;
• understanding and communication;
• social awareness;
• maturity and sound temperament;
• sound judgment; and
• commitment and reliability

Question 6

What role do legal advisers play for magistrates?

Answer 6

Legal advisers provide skilled analysis and interpretation of the law to magistrates when dealing with defendants and their crimes.

Question 7

Can legal advisers tell magistrates whether to find a defendant innocent or guilty?

Answer 7

No, legal advisers cannot tell magistrates whether to find a defendant innocent or guilty

Question 8

How can one become a magistrate court legal adviser?

Answer 8

You need to be a fully qualified solicitor with the relevant experience and knowledge.

Question 9

Can a legal adviser progress in their career?

Answer 9

Yes, a legal adviser can progress to become a district judge or a senior legal adviser, overseeing multiple courts.

Question 10

What are the sentencing powers of magistrates?

Answer 10

Magistrates can send the guilty to jail for a maximum of six months for a single offence, or 12 months in total, and impose unlimited fines.

Question 11

What type of offences do magistrates typically handle?

Answer 11

Magistrates mostly handle minor offences, though some cases may be more serious or complex

Question 12

What is the role of a district judge in the magistrate’s court?

Answer 12

A district judge handles more serious or complex case

Question 13

What qualifications are required to become a district judge?

Answer 13

A district judge must have five years of appropriate professional legal experience and typically has served as a deputy district judge for at least 30 days.

Question 14

What does the term “puisne” mean in relation to judges?

Answer 14

Puisne” refers to an ordinary High Court judge who is not the head of a division or senior to other judges

Question 15

What is the role of circuit judges?

Answer 15

Circuit judges are junior personnel attached to regions around England and Wales

Question 16

What is the requirement for becoming a circuit judge?

Answer 16

To become a circuit judge, a person must have held rights of audience for a suitable period and typically have served part-time as a recorder or full-time as a district judge.

Question 17

What is a recorder?

Answer 17

A recorder is the most junior level of circuit judge, mandated by Section 21 of the Courts Act 1971, and presides on a part-time basis.

Question 18

What is the role of a jury in a trial?

Answer 18

The jury listens to the advocates, witnesses, and the defendant (if they give evidence), evaluates all they have heard, and decides on the innocence or guilt of the defendant.

Question 19

Does a jury need legal knowledge?

Answer 19

No, jurors do not require legal knowledge or understanding

Question 20

How does a jury decide the outcome of a trial?

Answer 20

After the trial, the jury deliberates in a room to reach a verdict. They are guided by the judge on the law, but the final decision on guilt or innocence is theirs.

Question 21

Is jury service voluntary or obligatory?

Answer 21

Jury service is considered a duty and is obligatory unless a satisfactory excuse is provided and accepted under the 1974 Act

Question 22

What are the eligibility requirements for jury service?

Answer 22

1. Individuals between the ages of 18 and 75,
2. registered on the electoral roll, and
3. have lived in the UK for the last five years are eligible for jury service.

Question 23

Can a defendant challenge the selection of jurors?

Answer 23

yes, a defendant can challenge the appointment of individual jurors if they are in anyway BIAS.

Question 24

How must a jury deliver its verdict?

Answer 24

Jurors are encouraged to return a unanimous verdict. If this is not possible, a majority verdict is acceptable under the 1974 Act.

Question 25

Can jurors discuss their deliberations outside the jury room?

Answer 25

No, the deliberations of the jury room are sacrosanct, and jurors cannot reveal their discussions to others.

Question 26

What influences should jurors avoid during deliberations?

Answer 26

Jurors must not be swayed by external influences such as publicity, media, or social media when forming their views.

Question 27

What is the role of district judges?

Answer 27

District judges are legal insiders who sit in District Registries and handle a variety of civil cases such as claims for damages, property matters, matrimonial issues, personal injury, landlord-tenant disputes, and business disputes.

Question 28

What is the professional background of district judges?

Answer 28

District judges are solicitors or barristers by training, profession, and experience, and they typically enter the role after years of legal practice.

Question 29

What is a “Master” in the Royal Courts of Justice?

Answer 29

A Master in the Royal Courts of Justice is essentially a district judge, but with the title “Master,” They deal with more complex and high-profile legal cases due to the nature of the High Court’s jurisdiction.

Question 30

who is the most senior judge in county court?

Answer 30

circuit judge

Question 31

What does the Constitutional Reform Act 2005 provide regarding the promotion of High Court judges?

Answer 31

The Act allows High Court judges to be promoted to the Court of Appeal and eventually to the Supreme Court.

Question 32

Who has the authority to recommend the promotion of High Court judges to the Court of Appeal?

Answer 32

The Lord Chancellor (Secretary of State for Justice) has the authority to recommend a High Court judge for promotion to the Court of Appeal.

Question 33

What does the term “senior judiciary” refer to?

Answer 33

The senior judiciary refers mainly to Supreme Court Justices and Chief Justices of the Court of Appeal.

Question 34

What are the qualifications required to be appointed a judge of the Supreme Court under Section 25 of the 2005 Act?

Answer 34

A person must have:

1. held high judicial office for at least two years and
2. have been a qualifying practitioner for at least 15 years.

=> Recommendations for appointment should come from the Prime Minister.

Question 35

What is the main benefit of tribunals compared to court proceedings?

Answer 35

Tribunals offer a specialized, efficient, and less formal alternative to the court system for resolving disputes in their respective areas.

Question 36

What is a key source of guidance for judges in their role?

Answer 36

A key source of guidance for judges is the code of conduct they followed during their practice as barristers and solicitors.
=>

• Solicitors Regulation Authority (SRA) Code of Conduct for solicitors.
• Bar Standards Board (BSB) Code of Conduct for barristers.

Question 37

Who handles disciplinary matters involving judges?

Answer 37

Disciplinary matters involving judges are dealt with by:
- The Lord Chief Justice,
- the Lord Chancellor, and
- the Judicial Conduct Investigations Office (JCIO).

Question 38

What is the role of the Secretary of State for Justice?

Answer 38

Responsible for the Ministry of Justice, Court Service, judiciary, and Prison/Probation Services. They are a Cabinet member and Lord Chancellor

Question 39

What are the responsibilities of the Attorney General?

Answer 39

Oversees the Crown Prosecution Service, Serious Fraud Office, and Government Legal Department. Can review contempt of court cases, unduly lenient sentences, and vexatious litigants

Question 40

What is the role of the Solicitor General?

Answer 40

this is the Attorney General’s deputy and supports them in their activities.