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FLK1 LS > Judiciary Persone > Flashcards

Judiciary Persone Flashcards

1
Q

What does the Courts Act 2003 state about the court system?

A

It refers to maintaining the court system and establishes a general duty on the Lord Chancellor to ensure an efficient and effective system for the courts.

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2
Q

Who is the Lord Chancellor?

A

The Lord Chancellor is now the Secretary of State for Justice, a politician within the Government.

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3
Q

What is the role of Her Majesty’s Courts and Tribunals Service (HMCTS)?

A

HMCTS supervises the operation of courts and tribunals within England and Wales as an independent agency of the Ministry of Justice.

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4
Q

What was HMCTS’s annual gross expenditure in 2018/19?

A

HMCTS had an annual gross expenditure of £2 billion.

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5
Q

How many staff did HMCTS employ in 2018/19?

A

HMCTS employed 16,219 staff (full-time equivalent).

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6
Q

How many cases did HMCTS handle in 2018?

A

HMCTS handled over 4.4 million criminal, civil, family, and tribunal cases.

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7
Q

What are magistrates also known as?

A

Magistrates are also known as justices of the peace (JPs).

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8
Q

What is the current number of magistrates’ courts in England and Wales?

A

There are 156 magistrates’ courts as of May 2020.

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9
Q

What is the typical background of magistrates?

A

Magistrates come from various walks of life but are unlikely to come from ‘blue collar’ occupations.

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10
Q

What is the remuneration for magistrates?

A

Magistrates receive expenses for their time, such as £116.58 for over four hours of financial loss for a self-employed justice.

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11
Q

What is the role of magistrates in the court system?

A

Magistrates deal with around 95% of all criminal cases and some non-criminal work, such as licensing applications.

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12
Q

What qualities are required for a magistrate?

A

The six key qualities are good character, understanding and communication, social awareness, maturity and sound temperament, sound judgment, and commitment and reliability.

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13
Q

What is the criticism of the magistrate system?

A

Some critics argue that the system relies on untrained individuals and lacks a sustainable rationale for its existence.

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14
Q

What is the historical significance of magistrates?

A

Historically, magistrates were local squires or their agents, dealing with lesser crimes quickly and at minimal cost.

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15
Q

What does the term ‘cult of the amateur’ refer to in the context of magistrates?

A

It refers to the belief that non-specialists can manage and improve technical matters, which is prevalent in the UK legal system.

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16
Q

What is a common trait of magistrates?

A

Magistrates possess a public service ethos and empathy with all participants in the criminal justice process.

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17
Q

What is the role of legal advisers in magistrates’ courts?

A

Legal advisers provide skilled analysis and interpretation of the law to magistrates, but cannot tell them whether to find a defendant innocent or guilty.

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18
Q

What qualifications are needed to become a court legal adviser?

A

Typically, one must be a fully qualified solicitor with relevant experience and knowledge.

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19
Q

What are the sentencing powers of magistrates?

A

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.

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20
Q

What distinguishes a district judge from magistrates?

A

District judges are professional magistrates with a five-year right of audience and typically have served as deputy district judges.

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21
Q

What is the role of the Crown Court?

A

The Crown Court deals with more serious criminal cases and is presided over by High Court judges, circuit judges, and recorders.

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22
Q

What is the selection process for High Court judges?

A

High Court judges are appointed based on merit by the Judicial Appointments Commission after a rigorous selection process.

23
Q

What is the function of a jury in the Crown Court?

A

The jury listens to the trial, evaluates the evidence, and decides on the innocence or guilt of the defendant.

24
Q

What legislation governs jury service in the UK?

A

The Juries Act 1974 and the Criminal Justice Act 2003 provide the basis for the modern jury system.

25
Q

What are the eligibility requirements for jury service?

A

To be eligible, individuals must be between 18 and 75, registered on the electoral roll, and have lived in the UK for the last five years.

26
Q

What is the jury’s decision-making process?

A

Jurors deliberate in private and are encouraged to reach a unanimous verdict, but a majority verdict is acceptable if necessary.

27
Q

What is the significance of the jury system?

A

The jury system represents the legal system’s faith in the deliberations of ordinary citizens and is integral to Crown Court trials.

28
Q

What is the role of district judges in the civil courts?

A

District judges handle minor civil matters and are legal insiders with experience as solicitors or barristers.

29
Q

What is the role of district judges?

A

District judges are effectively the junior officers of the judiciary, handling claims for damages, property matters, matrimonial issues, personal injury, landlord and tenant matters, and business disputes. They deal with a wide jurisdiction and workload.

30
Q

How do district judges typically begin their roles?

A

They usually start on a part-time basis, combining their judicial role with their routine work in the office or chambers before progressing to a full-time role.

31
Q

What are some typical tasks undertaken by a district judge?

A

Typical tasks include holding case management conferences, pre-trial reviews, hearing interim applications, undergoing training, reading court papers, considering costs implications, and dealing with emergency applications.

32
Q

Where do district judges work?

A

District judges do not work in a courtroom; they have an office in a combined court centre.

33
Q

What is the distinction between a district judge and a Master in the Royal Courts of Justice?

A

A Master in the Royal Courts of Justice has a similar role to a district judge but typically deals with more financial matters and complex cases reflective of the surrounding society.

34
Q

What is the primary role of county court judges?

A

County court judges preside over trials covering a wide range of topics, including breach of contract, negligence, and family matters.

35
Q

What is the structure of the High Court?

A

The High Court consists of five Heads of Division, including the Lord Chief Justice, and is supported by senior presiding judges and High Court judges.

36
Q

How can High Court judges be promoted?

A

High Court judges can be promoted to the Court of Appeal and eventually to the Supreme Court, following a selection process involving the Lord Chancellor and the Judicial Appointments Commission.

37
Q

What is the composition of the senior judiciary?

A

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

38
Q

What are the qualifications for appointment as a Supreme Court judge?

A

A person must have held high judicial office for at least two years and have been a qualifying practitioner for at least 15 years.

39
Q

What roles do arbitrators and mediators play in the legal system?

A

Arbitrators resolve commercial matters outside of court, while mediators help parties resolve disputes amicably, often preserving business relationships.

40
Q

What is the significance of tribunal members?

A

Tribunal members resolve important legal matters without court involvement, often including legally qualified judges and specialists from relevant fields.

41
Q

What progress has been made in judicial diversity?

A

As of 2018/19, 32% of judges were female and 6% were from black, Asian, and minority ethnic backgrounds, showing gradual progress in diversity.

42
Q

What guidelines govern judicial conduct?

A

Judges follow the Guide to Judicial Conduct and the codes of conduct from the Solicitors Regulation Authority and the Bar Standards Board, emphasizing integrity and public trust.

43
Q

What are the disciplinary matters concerning judges?

A

Disciplinary matters are overseen by the Lord Chief Justice, Lord Chancellor, and the Judicial Conduct Investigations Office, addressing judicial failings with a sense of perspective.

44
Q

What are the key figures involved in judicial disciplinary matters?

A

Disciplinary matters fall within the remit of the Lord Chief Justice, the Lord Chancellor, and the Judicial Conduct Investigations Office (JCIO).

45
Q

What happened in JCIO 30/16 on 25 July 2016?

A

Recorder FE was found guilty of consuming alcohol on court premises, which created significant problems for the court staff assisting him. He was removed from office by the Lord Chancellor and Lord Chief Justice.

46
Q

What criticism did the Court of Appeal have for Mr Justice PS in Harb v Aziz [2016]?

A

The Court of Appeal criticized Mr Justice PS for writing a shocking and disgraceful letter to a senior barrister, indicating a fundamental lack of understanding of a judge’s proper role. He resigned in October 2017.

47
Q

What incident occurred during The Science Museum Group v Jane Weiss [2019]?

A

Judge Auerbach found that the judge at the original hearing had fallen asleep during the cross-examination, despite attempts to rouse him. The EAT ordered a retrial.

48
Q

What was the outcome of JCIO 12/20 on 21 April 2020?

A

Magistrate AM received a formal warning after attempting to solicit support against a fellow magistrate who had complained about him.

49
Q

What was the consequence for deputy district judge JT in JCIO 29/19?

A

Deputy district judge JT received a formal warning for making an impolite comment to someone in court.

50
Q

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

A

The Secretary of State for Justice is responsible for running the Ministry of Justice, including the Court Service, judiciary, and Prison and Probation Services.

51
Q

What are the responsibilities of the Attorney General?

A

The Attorney General is the chief law officer to the Government, overseeing the Crown Prosecution Service, Serious Fraud Office, and Government Legal Department.

52
Q

What is the role of the Solicitor General?

A

The Solicitor General is the deputy to the Attorney General and supports them in their activities.

53
Q

What is the composition of the judiciary in England and Wales as of 1 April 2019?

A

As of 1 April 2019, there were 44 Court of Appeal justices, 244 High Court judges, 1,543 Circuit judges, 1,379 District judges, 4,975 Tribunal judges, 14,348 Magistrates, and 384 Coroners.

FLK1 LS (2 decks)

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