Chapter 6 Flashcards
Define rights of audience
The extent at which a legal professional can represent their client at court
What did the Lord Chancellor used to do and who holds this post now?
They headed the Court of Chancery when it was created in the Middle Ages, and they had a judicial function as well as being a minister of the Crown, the post is now held by gov minister who is the Secretary of State for Justice
How is the Secretary of State for Justice appointed
The Prime Minister recommends someone to be appointed by the Queen under s2 of the Constitutional Reform Act 2005
What five types of experience may the PM take into account before recommending someone to the Queen to be Secretary of State for Justice
Experience as a Minister of the Crown / experience as a member of either House of P / experience as a qualifying practitioner / experience as a teacher of law in a university / other experience considered relevant.
What is the function of the Lord Chancellor with regard to appointing Justices of the Supreme Court under the Supreme Court (Judicial Appointments) Regulations 2013
To consult senior judges as well as the First Ministers of Scotland and Wales and the Northern Ireland Judicial Appointment Commission to appoint Justices of the Supreme Court (based on reports by the selection committee containing who they have selected to be Justices and which senior judges have been consulted) and if the candidate is approved PM is notified, if rejected written reasons must be given
What other 4 functions does the Lord Chancellor have aside from appointing Justices of the Supreme Court
Protecting the rule of law under s1 constitutional reform act 2005 / preserving the independence of the judiciary under s3 / overall strategy on criminal justice reform / human rights
What is the role of the Lord Chancellor as Secretary of State for Justice and what three areas of responsibility does this include
They are responsible for the Ministry of Justice, which includes responsibility for the courts, prisons and probation, and legal aid
Where does the term ‘circuit judge’ come from
Medieval practices where judges used to ride around ‘circuits’ of towns hearing cases one after the other
Give an advantage and disadvantage of judges hearing both civil and criminal cases
Adv - retain broader perspective on english law / Dis - may lack sufficient expertise in cases brought before them
What two main things does s3 Courts and Tribunals (Judiciary and Functions of Staff) Act 2008 provide (though not yet in force)
That authorised judicial support staff and tribunal staff would be allowed to provide legal advice to magistrates and judges in the Family Court, and allowing them to exercise judicial functions
Who are Justices of the Supreme Court and where do they sit
They are the most senior judges with extensive experience. They sit in the Supreme Court
Who are Lord Justices of Appeal and where do they sit
Senior judges who have a lot of judicial experience. They sit in Divisional Court of High Court, and in the Court of Appeal alongside other senior judges
High Court Judges - where do they sit and what experience must they have
Must meet the judicial eligibility condition for at least 7 years or practice as a circuit judge for at least 2 years. They sit in High Court, DC of HC, Crown Court and Family Court
Circuit Judges - where do they sit and what experience must they have
Must meet the judicial eligibility condition for at least 7 years or have served as a District Judge or District Judge (Magistrates Court) or been a Recorder for at least 3 years. They sit in the Crown Court, Family Court and County Court
Recorders - where do they sit and what experience must they have
Must meet judicial eligibility condition for at least 7 years. Sit in Crown Court Family Court and County Court
District Judge (Magistrates’ Court) - where do they sit and what experience must they have
Must meet judicial eligibility condition for at least 5 years and sit in Magistrates’ Court and Family Court
District Judge - where do they sit and what experience must they have
Must meet judicial eligibility condition for at least 5 years and sit in the County and Family Courts
What sort of cases do District Judge (Magistrates’ Court) deal with in Magistrates’ Courts
Lengthier, more serious cases (e.g. extradition or terrorism)
Which four types of junior judge may chartered legal executives who have met the judicial eligibility condition for over 5 years apply to be
District Judges, District Judges (Magistrates’ Court), Deputy District Judges, Deputy District Judges (Magistrates’ Court)
What is the judicial eligibility condition
Being a qualified solicitor or barrister engaging in law related activities (such as practising as a lawyer, acting as a judge or teaching law) for the required time period.
Why was the Judicial Appointments Commission established under the Constitutional Reform Act 2005
To amend the process for application to be a member of the judiciary, in an attempt to increase the diversity of members
Name the six parts of the selection process to become a member of the judiciary
Online MCQ test / telephone assessments / selection days with interviews / presentations and role plays / consultations with existing judges / good character checks
Name the five requirements of magistrates
Good character / understanding and communication skills / social awareness / maturity and sound judgement / commitment and reliability
What occupations are excluded from becoming magistrates
Police officers and CPS lawyers
How would someone become a Magistrate and who appoints them
Applicants must be aged 18-65 (as magistrates are 18-70) and their application is made to the local advisory committee who assess and interview candidates. If approved, they are formally appointed by the Senior Presiding Judge of England and Wales (who is delegated this task by the Lord Chief Justice)
What do Magistrates do in Magistrates’ Courts
Approx 95% of their work. Low level criminal cases are heard here by three Magistrates called a bench. A legal advisor gives the bench impartial legal advice and then records the decision made as well as ensuring court admin runs smoothly.
What is the retiring room
A private room used by legal advisors to advise magistrates
What are justices clerks
Legally qualified people who advise magistrates generally on changes to the law and sentencing, as well as carrying out management functions
How many half day sittings must magistrates take part in a year
26 - unpaid but with expenses
What do Magistrates do in the Family Court
Specially trained Magistrates may carry out limited functions
Give 4 advantages of Magistrates
The combined cost of Magistrates and legal advisors is cheaper than equivalent number of paid judges / community justice - as they have local knowledge they are more credible / local knowledge is good as they must live 15 mins from their courts / there is more diversity in magistrates than judges
Give 5 disadvantages of Magistrates
Bad decisions due to inadequate training / may rely too heavily on legal advisors due to lack of knowledge / middle class bias / more likely to convict as they believe the police / they become case hardened so cynical about defences
How do juries work and where are they used
Made up of 12 lay men and women who deal with decisions regarding the facts of a case and the verdict of whether a defendant is guilty, and a professional judge will then decide on any law related questions and the sentencing of a guilty defendant. They are used in the Crown Court in relation to indictable only offences and some civil cases re defamation
What may happen to a case if jury tampering is suspected
It can be ordered without a jury under s44 Criminal Justice Act 2003
What three requirements must be met under s1 Juries Act 1974 (amended by Criminal Justice and Courts Act 2015) to be selected as a juror
aged 18-75 / on the electoral register / UK resident for at least 5 years since age 13
What are the five reasons a juror can be disqualified
Detained under the Mental Health Act 1983 or lost capacity / Served a prison sentence of 5+ years / Been imprisoned in the last 10 years / Served a suspended prison sentence in the last 10 years / Received a community punishment order in the last 10 years
How are jurors selected
12 people are selected by ballot from the panel of randomly selected potential jurors at the start of a case. Before the 12 are formally sworn in, the prosecution and defence can make a ‘challenge for cause’, where a juror can be disqualified or there is a risk of bias. Jurors may also be asked at this point to ‘stand by’, meaning return to the panel.
What would give cause for the whole jury panel to be challenged
If there was reasonable suspicion of bias
What happened in the case of Abdroikof; Green; Williamson [2007] in relation to jury bias
The House of Lords held that if a police officer or CPS lawyer being a juror was perceived to be making the jury biased, the conviction would be quashed.
What is jury secrecy
Where discussions between juries are kept secret under ss20D-20G of the Juries Act 1974, to allow free and open discussions between juries and to avoid threats from convicted defendants
What is an exception to jury secrecy
If there is a possibility of an offence or contempt of court by a juror, which could give a defendant grounds to appeal, the other jurors may disclose this to the police, judge or member of court staff
what happened in the case of Attorney-General v Fraill and Another ; Knox [2011]
The trial was halted as a juror was using Facebook to speak to the defendant
Give 4 advantages of juries
Protected against abuse from prosecution as not employed by the state, so independent / trial by peers is a fundamental right / gives ordinary people confidence that the law is fair as they are involved in it and local values are reflected / judges and lawyers are in favour of a jury system so it retains their confidence
