the judiciary law revision

what is the role of a judge?

presides over all crown court cases

ensures fair trial, proper procedure, allowable evidence

decides points of law

may direct the jury tp acquit if prosecution hasn't made out their case fully

sums up the law at the end directing the jury on any law

what is the role of the jury?

used only when Defendant pleads not guilty

decides facts i.e verditcs

must try to reach unanonimous verdict (2 hrs)

may then reach majority verdict (majority verdicts prevent nobbling)

foreman announces numbers agreeing- Pigg 1983

where is the discussion done?

in secret - contempt of court act 1981

no reasons given for verdict

independence- bushell's case

superior judges can only be dismissedby whatand are paid by who?

by a vote in both houses of parliament

paid by parliament

retirement age 70

judges as a group equal what?

judiciary

why is there no clear cut division between civil and criminal judges?

as judges at various levels have to sit for both types of cases

why is this a problem?

as judges would have specialised in an area of law before appointment

types of judges...

superior and inferior

affect what?

methods of appointment

training

work

and terms which they hold office

what types of superior judgesand their roles/courts?

law lords- in HOL, lords of apeal

lord justices of appeal- in crown court of appeal

high court judges- sit in 3 divisions qeens bench,family and chancery division

head of HOL- lord chancellor

the lord cheif justice- head of judiciary & president ciminal division of COA

the master of the rolls- president of civil division of COA

chancellor of high court- head of chancery division

what types of inferior judges and their roles/courts?

circuit judges- crown court& county court

recorders- part time in crown court some assigned to county court

district judges majistrates' court- in london & other major cities

district judges- small claims and other& other matters in county court

chairmen of tribunals

what qualification do law lords need?

qualified to appear in a supreme court for at least 15 years,

if wanted for HOL- been in practice as an advocate in scotland or member of bar in northern ireland

both for a minimum of 15 years

must hold a high judicial office in their own legal system

what is needed for lord justices of appeal?

10-year, high court qualification or may be an existing high court judge

what is needed for high court judges?

right to practice in High court for minimum 10years, or circuit judge for at least 2years

prior to courts & legal services act- those who had practiced as barristers for at least 10years were eligible

academic lawyers (not practiced as solicitor/barristers) can also be appointed - brenda Hle appointed to high court 1st woman judge in HOL

qualification routes give solicitors a chance to become high court judges

what is needed for circuit judges?

rights of audience for at least 10 yrs in either crown or county court or been a recorder

court&legal services act- allows promotion after being a district judge, stipendiary magistrate or chairman of an employment tribunal for at least 3 years

appointed as a recorder 1st ad then promoted as a circuit judge

what is needed for a recorder?

part time post

applicant practiced as barrister or solicitor for min 10yrs, though in practice it is rare to be appointed with less than 15yrs experience

appointed as a recorder in training first and then appointed as a recorder

what is need for district judges?

7 yr general qualification

appointed from barristers or solicitors

district judges in magistrates need the same

what does the lord chancellors department keep?

keep information on all possible candidates

what do files contain?

confidential information and opinions from existing judges and suitability of each person - contents of file are secret

when there is a vancancy for judicial post in COA,HOL or court lord chancellor will do what?

consider these files and see who's best suited for the post, person is then invited to become a judge.

who is the key selector of superior judges?

lord chancellor

how were mattes improved for high court judgeships ?

vacancies advertised qualified person could apply

even then lord chancellor continued to invite people to become judges, rather than appoint solely of those applied

why is political appointment seen as controversial?

appointment of judges should be independent from any political influence

method of influence changed in constitutional reform act

who sits in the appellate committee of HOL?

12 lords ofappeal

what are law lords made?

life peers entitled to sit in HOL and take part in debates

who are appointments made by?

by queen after nominated by prime minister

how does the PM do this?

lord chancellor draws up short list in order of preference & PM selects from list

what is to be established in 2009?

selection of judges will be as part 3 of constitutional reform act