ELS - Judiciary + Access Flashcards
(20 cards)
What is the primary role of a judge?
To make fair and unbiased decisions in legal disputes before them, according to the law in England and Wales.
What are the two categories of judges in the UK judiciary?
Superior judges and inferior judges.
Who is the head of the judiciary in England and Wales?
The Lord Chief Justice.
Who are the superior judges and where do they sit?
• Justices of the Supreme Court (Supreme Court)
• Lord Justices of Appeal (Court of Appeal)
• High Court Judges (High Court)
Who are the inferior judges and where do they sit?
• Circuit Judges – Crown and County Courts
• Recorders – Part-time judges, mainly in Crown Court
• District Judges – Small claims and general County Court matters; also sit in Magistrates’ Court in major cities
• Tribunal Judges – Sit in various tribunals
What law sets out the qualifications required to become a judge?
The Courts and Legal Services Act 1990, as amended by the Tribunals, Courts and Enforcement Act 2007.
What experience is generally required to become a judge?
Must be a qualified solicitor or barrister with around 7 years’ legal experience.
How are judges selected and appointed?
• Judicial Appointments Commission (JAC) advertises vacancies and interviews applicants
• Judges are appointed based on merit, with a commitment to diversity
• JAC recommends a candidate to the Lord Chancellor
• The King formally appoints the successful candidate
What are the three stages of a judge’s work in criminal cases?
Pre-trial, Trial, and Sentencing.
What happens during the pre-trial stage?
• Plea and case management hearing: the indictment is read out, and the defendant enters a plea
• If guilty: judge may sentence immediately
• If not guilty: prosecution and defence present witnesses and evidence; judge sets trial date
What are a judge’s main duties during the trial?
• Decide points of law
• Manage the courtroom: evidence, witnesses, scheduling, and adjournments
• Sum up the case for the jury: review of facts and legal principles
What does the judge do after a guilty verdict?
Proceed to sentencing, applying guidelines and considering aggravating and mitigating factors.
What is meant by ‘access to justice’?
The ability to bring or defend a claim or prosecution in court, especially for people without legal training — considered a human right.
What barriers do ordinary people face in accessing justice?
- Lack of legal knowledge — not knowing the law or where to get help
- Fear of lawyers — feeling intimidated by the legal process
- Cost of legal advice — especially high in civil High Court cases
- Risk to liberty — criminal defendants risk prison if unrepresented
Who manages criminal legal aid in England and Wales?
The Legal Aid Agency (LAA) under the Ministry of Justice.
How is criminal legal aid provided?
Through contracts with legal firms (mostly solicitors) who provide representation for eligible defendants.
What two tests must be passed to receive criminal legal aid?
- Interests of Justice Test
- Means Test
What are the 5 factors in the Interests of Justice Test?
Legal aid is granted if any of the following apply:
1. D could lose their liberty, livelihood, or suffer serious damage to reputation
2. The case involves a complex point of law
3. D cannot understand proceedings or state their own case
4. Case requires tracing/interviewing or expert cross-examination of witnesses
5. It is in the interests of another person (e.g. victim of rape) that D is represented
How does means testing work in Magistrates’ Court?
• Must pass both interests of justice and means test
• System is ‘in or out’ — based on income
• Automatically eligible: under 16, under 18 in full-time education, or receiving income support/JSA
• Below income threshold = eligible
• Above = not eligible
• Middle = assessed on disposable income
• Roughly 75% of adults qualify for legal aid
How does means testing differ in the Crown Court?
• Same principles apply as in Magistrates’ Court
• No disposable income limit, but those earning over £37,500 must contribute
• If guilty, D may pay additional contributions from capital
• If not guilty, any contributions are usually refunded
