Legal Systems - Judiciary and Lay Personnel

Question 1

Judges Role

Answer 1

• Supervise the conduct of trials
• Interpret statutes
• Judicial review

Question 2

Judges Role: Civil

Answer 2

• Deciding outcome
• Interpret and clarify law
• Apply judicial precedent

Question 3

Judges Role - Criminal

Answer 3

• Do not decide outcome
• Summarise law to jury
• Determine sentence

Question 4

Bias Case

Answer 4

Porter v Magill 2002: Would a fair minded and informed observer conclude that there was a real possibility of bias?

Question 5

Bias Rules

Answer 5

Established from Porter v Magill 2002:
- Immunity
- Independent
- Impartial

Question 6

Judicial Hierarchy

Answer 6

• Justices of the Supreme Court
• Lord Chief Justice
• Master of the Rolls (CoA)
• Lord Justices of Appeal
• High Court Judge
• Circuit Judge
• District Judge

Question 7

Judicial Appointment (before 2005)

Answer 7

• Invitation only
• Final selection process and interview

Question 8

Judicial Appointment (before 2005) Criticisms

Answer 8

• Dominated by politicians
• Secrecy and discrimination
• Hallmarks of “the old boys network”

Question 9

Judicial Appointment Reforms

Answer 9

• Constitutional Reform Act 2005: Established a Judicial Appointments Commission
• Tribunals, Courts and Enforcement Act 2007: Widened the pool of lawyers eligible to become a Judge

Question 10

Appointment through JAC:

Answer 10

1. Application
2. Assessment
3. Selection/Recommendation

Question 11

Appointment to SC

Answer 11

• JAC not involved
• Temp commission specially formed for process
• Recommends 2-5 suitable candidates according to set criteria

Question 12

Judiciary: Criticisms

Answer 12

• Relate to background, ethnic origin, sex and age
• Problems with judicial independence
• Weaknesses in reforms: appointment process, training and organisation

Question 13

Training

Answer 13

• Must have legal background
• Training focusing on substantive law evidence; procedure; judicial skills and social context
• Induction programme (assigned mentor)
• Judges keep up to date on education programmes.

Question 14

Pay

Answer 14

• Paid substantial salaries (not as high as some KCs)
• Justified on basis required to attract top candidates

Question 15

Promotion

Answer 15

• No system of promotion
• System may affect decision making
• Some posts require periods of judicial experience

Question 16

Termination

Answer 16

5 ways:
- Dismissal
- Discipline
- Resignation
- Retirement
- Removal

Question 17

Termination: Dismissal

Answer 17

Courts Act 1971: Circuit and District Judges may be dismissed by Lord Chancellor in agreement with Lord Chief Justice for inability or misbehaviour

Question 18

Termination: Discipline

Answer 18

Behaviour bases (Judicial Conduct Investigations Office)

Question 19

Termination: Resignation

Answer 19

Quit or be encouraged to quit

Question 20

Termination: Retirement

Answer 20

Usually retire at 70, can work part time until 75

Question 21

Termination: Removal

Answer 21

Due to infirmary

Question 22

Lay Personnel

Answer 22

Magistrates:
- Approx. 300
- Also known as Justices of the Peace
- Do not receive salary, subsistence allowance
- Retire at 70

Question 23

Magistrates requirements

Answer 23

• Must be 18-65
• Live within 15 miles of local court
• Must devote half a day a week

Question 24

Magistrates: Exclusions

Answer 24

• Police officers
• Those with criminal convictions
• Members of armed forces
• Undischarged Bankrupts
• Sitting on the same bench as a close relative

Question 25

Magistrate: Removal

Answer 25

Criminal Justice Act 2003: Lord Chancellor can remove a magistrate on grounds of:
- Incapacity
- Misbehaviour
- Persistent failure to meet standards
- Incompetence
- Failure to exercise their function