Legal Systems - Judiciary and Lay Personnel Flashcards
Judges Role
- Supervise the conduct of trials
- Interpret statutes
- Judicial review
Judges Role: Civil
- Deciding outcome
- Interpret and clarify law
- Apply judicial precedent
Judges Role - Criminal
- Do not decide outcome
- Summarise law to jury
- Determine sentence
Bias Case
Porter v Magill 2002: Would a fair minded and informed observer conclude that there was a real possibility of bias?
Bias Rules
Established from Porter v Magill 2002:
- Immunity
- Independent
- Impartial
Judicial Hierarchy
- Justices of the Supreme Court
- Lord Chief Justice
- Master of the Rolls (CoA)
- Lord Justices of Appeal
- High Court Judge
- Circuit Judge
- District Judge
Judicial Appointment (before 2005)
- Invitation only
- Final selection process and interview
Judicial Appointment (before 2005) Criticisms
- Dominated by politicians
- Secrecy and discrimination
- Hallmarks of “the old boys network”
Judicial Appointment Reforms
- 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
Appointment through JAC:
- Application
- Assessment
- Selection/Recommendation
Appointment to SC
- JAC not involved
- Temp commission specially formed for process
- Recommends 2-5 suitable candidates according to set criteria
Judiciary: Criticisms
- Relate to background, ethnic origin, sex and age
- Problems with judicial independence
- Weaknesses in reforms: appointment process, training and organisation
Training
- 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.
Pay
- Paid substantial salaries (not as high as some KCs)
- Justified on basis required to attract top candidates
Promotion
- No system of promotion
- System may affect decision making
- Some posts require periods of judicial experience
Termination
5 ways:
- Dismissal
- Discipline
- Resignation
- Retirement
- Removal
Termination: Dismissal
Courts Act 1971: Circuit and District Judges may be dismissed by Lord Chancellor in agreement with Lord Chief Justice for inability or misbehaviour
Termination: Discipline
Behaviour bases (Judicial Conduct Investigations Office)
Termination: Resignation
Quit or be encouraged to quit
Termination: Retirement
Usually retire at 70, can work part time until 75
Termination: Removal
Due to infirmary
Lay Personnel
Magistrates:
- Approx. 300
- Also known as Justices of the Peace
- Do not receive salary, subsistence allowance
- Retire at 70
Magistrates requirements
- Must be 18-65
- Live within 15 miles of local court
- Must devote half a day a week
Magistrates: Exclusions
- Police officers
- Those with criminal convictions
- Members of armed forces
- Undischarged Bankrupts
- Sitting on the same bench as a close relative
Magistrate: Removal
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
