Judiciary Flashcards
(9 cards)
What are two types of judge ?
Superior judge
Inferior judge
What is a superior judge ?
Judges which hear cases in higher level courts
What are the four types of superior judges ?
High court judge - high court
Queens bench judge - circuit to crown court
Lord justice of appeal - court of appeal
Supreme Court judge - Supreme Court
What is an inferior judge ?
Judges which hear cases in lower court
What are the three types of inferior judge ?
Recorders and circuit judges - crown and county courts
District judges - county and magistrate court
Tribunal judges
What is 4 role of judge in criminal case ?
1) Judge can decide sentence if D convicted
2) Judge summaries evidence for jury and directs legal rules
3) Judge can hold a pre trial hearing to decide issues of bail and granting legal aid
4) During trial judge makes sure that prosecution and defense both have full opportunity to present the case
How is judicial independence secured ?
1) Security of tenure
2) Immunity from suit
3) Independence from executive - gov ministers cannot influence judicial decisions
Reasons for judicial independence
1) Maintains rule of law
2) Must be impartial from influence of people involved in the case
3) Judges enquirer into major case so public need to feel confident that person hearing inquiry is generally independent e.g grenfell tower
Advantages of judicial independence
1) decisions made only in facts of case and in accordance of law
2) people accept cases will be decided fairly so have confidence in legal system
3) judiciary protect public from unlawful acts of government