The Legal System Exam Answers ð Flashcards
What do magistrates do under the role of criminal courts?
Replaced three magistrates
What do magistrates establish under the role of criminal courts?
Established the facts of the case
What do magistrates do with and where do they send it to under role of criminal?
Do with preliminary matters for indictable and send it to Crown Court
What do managers hear under the role of a criminal courts?
Hear all summary cases
For triable either way, they determine the mode of hearing - see if they have a sentencing powers
What do they determine under the trial?
Trial - magistrates verdict- beyond reasonable doubt sentence 12 months ÂĢ5000 fine
What to do magistrates approve under role of criminal courts?
Approve bail and warrant (search/arrest)
What does the crown split into under a roll of criminal court?
Split function - to judge guide jury on all point of law sum up all decisions
What do judges in crown have to do under the role of criminal courts?
Swear In Jury and sentences
What do judges in Crown court have to give under the role of criminal cases ?
Appeals - authorisation- leave
chance of success
What do judges in crown court under the role of criminal cases hear appeals on? What can they retry ?
Fact - where they can retry the evidence or sentence
They can hear appeals on law - determine what the law
What did the Supreme Court hear in Crown Court under the role of criminal cases?
Important points of law - general public importance
When do judges in criminal courts retire under dismissal? When are they given authorisation?
Retirement at 70
given authorisation until 75
What does the constitutional reform act 2005 state superior judges have under the dismissal of judges under the role of criminal courts ?
Security of tenure
How can judges only be removed by?
Removed by petition from both houses of Parliament
which is agreed by the monarch
How can in future judges be dismissed for?
Lord chancellor for misbehaviour or incapacity
What has not been dismissed in the Uk? (Superior judges)
No uk judge has been dismissed
Irish ðŪðŠ- LJ Barrington - Misappropriated court funds
What are superior judges encourages to do ? 2 examples?
Encourage to resign - LJ Briscoe- criminal offence
LJ Harmen - 20 months to make a decision (COA)
What are 2 examples of inferior judges that were forced to resign
LJ Dum Shaw - criminal charge MCA/harassment
LJ Campbell- evaded customs
What are the two examples of judges are forced to resign under dismissal - role of criminal cases?
LJ Selwood - (Child porn)
LJ Price - (Male prostitution)
What is after the resign?
Rap on the Knuckles- LJ Hutton - Fell asleep ðī
LJ Combe
What does the CRA separate judges from under judicial independence?
Judges from the legislative and create Supreme Court 2009
What does the constitutional reform act allowed judges to have the ability to make?
Decisions without any pressure
Who is responsible for the pay of judges under judicial independence?
What does this allow?
Private institutions responsible for the pay of judges -
Allows them to make decisions free from pressure
What did the JAC deal with?
All appointments remove the Lord Chancellor
