The Judicary Flashcards
Role of judges in CRIMINAL cases at first instance (8)
Inferior judges District judges – sit in Magistrates’ Ct on their own and try criminal cases, deciding facts of law and delivering the verdict. Pass a sentence upon those who plead/ are found guilty. May hear family cases alongside 2 magistrates.
Recorders – part time judges who sit in Crown Court for 30 days a year. Role to try criminal cases.
Circuit judges – sit in Crown court and try TEW and indictable cases with a jury. Decide what evidence is admissible. May hear from witnesses, decide facts of law, sum up for the jury and pass sentence upon those who plead/ are found guilty. Superior judges
High Court judges – may sit in Crown Court to try serious criminal cases such as murder. Decide facts of a case and sum up for the jury. Pass sentence to those found guilty.
Role of judges in CIVIL cases at first instance (8)
Inferior judges District judges – deal with the majority of civil cases in County Court. Case manage and decide the track. Hear small claims (under £10,000) in their chambers. Hear larger civil claims in open court. Decide who has won/ lost and award a remedy of damages or an injunction.
Circuit judges – hear civil cases in County court. Case manage from the beginning and decide the track. Ensure the case proceeds efficiently. Decide the facts and who has won/ lost. Award a remedy of damages or injunction.
Superior judges High Court judges – sit on their own (occasionally with jury) in the High Court and try civil cases of £25,000 or above (or important points of law). May hear evidence from witnesses, decide who has won/ lost. Decide the amount of damages to be awarded or order an injunction.
Role of judges in CRIMINAL appeals (8)
Inferior judges Crown Court judges – sit with 2 magistrates to hear appeals from Magistrates’ Court
Superior judges High Court judges – may sit in QBD with 2/ 3 judges to hear case-stated appeals from Magistrates’/ Crown Court. Decide the point of law and may confirm/ vary or reverse the original conviction/ sentencing decision.
Lord Justices of Appeal – sit in the criminal division to hear criminal appeals. Sit as a panel of 3 (5 = important). Leave to appeal is decided by one judge as they receive approx.7000 applications a year. Of these, the Lord Justices will hear about 1600 criminal appeals and confirm/ reverse or vary the decision.
Justices of the Supreme Court –hear criminal appeals based on a point of general public importance. Sit in an odd number to reach a majority decision.
Role of judges in CIVIL appeals (8)
Inferior judges Circuit judges – hear appeals from a civil case decided by a District judge.
Superior judges High Court judges – hear civil appeals from County Court. Decide whether to confirm or reverse the decision on liability or remedy.
Lord Justice of Appeal - sit in a panel of 3 and hear over 1000 civil appeals a year. Decide to confirm/ reverse liability and/ or remedy awarded.
Supreme Court Justices – hear mainly civil appeals on complicated areas of law such as tax. There must be a legal point of general public importance. They sit in 5 or 7 to reach a majority decision. In important civil cases such as Brexit, they sit as an 11. They can use the Practice Statement to depart from a previous precedent if they feel it is right to do so. An early example was in the Herrington v BRB case where they departed from the precedent set in Addie v Dumberek over duty of care to trespassers.
Discuss the extent to which the judiciary is independent. (12)
In courts, judges have to be independent from any external pressures, so that the defendant is seen to have a fair trial. +
Immunity from suit They have immunity from being sued for decisions made in the course of their judicial duties….even if they make a mistake! This allows a judge to perform his duties without fear of repercussions. It gives judges complete independence. Sirros v Moore – D tried to take action against a judge who wrongly imprisoned him, but C of A ruled no action could be taken as the judge had acted in good faith. This is an advantage because judges can apply the law without fear of repercussions.
+ Independence from legislature (Parliament). This means that they are not allowed to be members of the House of Commons or the House of Lords. However, the rules regarding this are less strict for part-time judges (Eg. Recorders an Assistant Recorders can be MPs). One of the main reasons for the creation of the Supreme Court in 2009 was to separate the judiciary from the legislature. The Supreme Court has its own building and support staff. This is an advantage because it means that the judicial system is independent from those who make the law and therefore not open to abuse.
+ Independent from executive (Government). Superior judges cannot be dismissed by the government, so they can make decisions which may displease the Government without the threat of being dismissed. Judicial independence is now guaranteed under s3 of the Constitutional Reform Act 2005. The fact that judges are now recommended for appointment by the JAC helps to keep judges independent from the executive. R (Miller) v Secretary of State for exiting the EU (2016) - Supreme Court ruled that the UK Government (the executive) may not initiate withdrawal from the EU without an Act of the UK Parliament permitting the government to do so. R (Miller) v Prime Minister (2019) – Supreme Court ruled that Boris Johnson’s order to prorogue Parliament was unlawful. This is an advantage because the judiciary is not afraid to go against the government – as seen by the Brexit case above which Lady Hale describes as one of her proudest moments!!
+ Independent from the case. They must be completely impartial and independent from the case they try. The Pinochet Case - After the H of L ruled Pinochet could be extradited, it was discovered that one of the judges was an unpaid director of Amnesty International Charitable Trust. The case was retried with a new panel of judges. This is an advantage because it means that there can be no bias in cases and judges are impartial.
