The judiciary Flashcards
what is the aims and objectives of the judicary?
The system is adversarial, which means that the parties run their cases with the judge acting as referee.
The judge has to ensure, as far as possible, that the jury understands the evidence and the issues.
The judge will deal with any points of law that have to be decided and advise the jury on how to apply the law to the facts they find.
The judge advises the jury on procedure and explain their duties.
The judge will ensure a fair trial and ensure it is human rights compliant.
The judge will pass sentence if the defendant is found guilty
Under the Criminal Justice Act 2003, it is possible for a judge to sit alone, without a jury, to determine a verdict.
Judges in the appeal courts, such as the Supreme Court and Court of Appeal, rule on appeal cases.
They also interpret the law if it is unclear and set precedent, legal rules, for other courts to follow.
how is the judicary funded?
Judicial salaries are decided following the recommendations of the Senior Salaries Review Body (SSRB).
The SSRB provides independent advice to the Prime Minister, the Lord Chancellor and the Secretary of State for Defence on the remuneration of the judiciary.
what is the philosophy of the judicary?
A judge must be loyal to the ruling monarch (King Charles III), as they are the figurehead of the legal system and in whose name justice is carried out, and law and order is maintained.
In addition, a judge promises to apply the law equally to every person through two oaths
what are the types of offenders the judicary traget?
Supreme
Cases of the greatest public or constitutional importance affecting the whole population
Appeal
Appeals against convictions / sentences in the Crown Court
Crown
Indictable offences (e.g., murder) and triable either way offences (e.g., assault or theft)
Magistrate
Triable either way offences or summary offences (e.g., speeding)
Youth
Almost all cases involving 10-17 yr olds (e.g., antisocial behaviour)
what are the working practices of the judicary?
As judges have the ultimate responsibility for decisions regarding freedoms, rights and duties of people, it is vital that they make decisions solely on the basis of the law, evidence and facts, without any improper influence.
Therefore, an independent judiciary is an essential requirement for a fair, consistent and neutral administration of justice.
They are free from political control and cannot be dismissed by the government. They are independently appointed and have security of tenure, in that their salary cannot be altered by the gov.
what is the reach of the judicary?
Supreme Court has nationwide jurisdiction and settles points of NATIONAL importance.
Judges working in lower courts eg Crown Courts – around 90 around the country that deal with LOCAL cases.
