Judiciary (role of judges sitting in the superior courts). Flashcards
what is the role of judges?
to apply the law as stated by parliament in an independent manner
what does s2 Human Rights Act 1998 tell us?
judges should take into account decisions of the European Court of Human Rights
what does s3 Human Rights Act 1998 tell us?
all legislation should be interpreted in a way which is compatible with the European Convection on Human Rights
who are Parliament and what can’t courts/judges do?
parliament are the supreme law makers and courts cant question the law, only interpret it
name the superior judges
1) High Court Judges
2) Lord Justices of Appeal
3) Justices of the Supreme Court
What do HC judges hear first?
hear first instances of civil cases in one of the three divisions in the high court
what do HC judges listen to?
listen to facts of the case and decide liability
what appeals do HC judges hear from?
1) Hear appeals including appeals from civil cases tried in the county court
2) case state appeals from the magistrates and crown court
where do HC judges sit?
sit in the crown court and hear the criminal trials- they decide on the verdict and sentence
where do LJA sit?
in both the civil court of appeal and criminal court of appeal
LJA sit in panels of how many?
3 or 5
how many cases do LJA hear per year?
over 7,000
what courts do LJA hear cases from?
the HC and Crown C
what do LJA hear in County C cases?
hear second or further appeals from the county court cases
JSC sit in what court?
The supreme court
JSC hear appeals from where?
hear appeals from all of the UK courts from England and wales and northern Ireland
approx. how many cases do JSC hear per year?
approx 100 cases per year
what appeals can JSC hear?
can hear both criminal and civil appeals on complex or arguable points of law of constitutional or public importance
what number do JSC sit in?
they sit in an uneven number and the minimum sitting must be three
what do JSC do after listening to a case?
they listen to the case then retire, often for several months to consider the case and to write their judgement
JSC decisions become what?
their decisions on a point of law become precedent
