Judiciary and Personnel of the Court System Flashcards
(11 cards)
How are judges appointed?
Judges are appointed by the Judicial Appointments Commission
- Independent body that selects candidates for judicial office
- Process comes from Constitutional Reform Act 2005
What role do magistrates play in the criminal court system?
Not legally qualified
They rule on minor criminal matters at a local level
Sit in a panel of 3 magistrates, with one being the chair
Magistrates rely on common sense and on the advice of the magistrate’s clerk
- They are a fully qualified solicitor and trained legal adviser
They have limited powers of sentencing
- Can impose unlimited fines
- 12-month imprisonment for single offence
What role do district judges play in the criminal court system?
They also work in the MC
Can handle more complex matters than a panel of magistrates
They are a salaried lawyer and decide cases alone
They will need to have a 5 year right of audience
- The right of a lawyer to appear and speak as an advocate for a party in a case in the court
- They will also have typically served as a deputy district judge for two years or 30 days of hearings
Same sentencing power as panel of magistrates
What role do crown court judges play in the criminal court system?
Handle the more serious criminal matters
Court is presided over by either:
- High Court judges – very experienced lawyers, usually barristers
- Circuit judges – more junior, but at least 10 years right of audience
- Recorder – most junior level of circuit judge and they preside on a part time basis
All appointed on basis of merit by Judicial Appointments Commission
What role do juries play in the criminal court system?
Group of (usually) 12 people who sit in CC during D’s trial
- Ordinary citizens who are representative of society
Their role is to attend, listen to advocates + witnesses and then decide on D’s guilt, by giving their verdict
Judge provides guidance on the law and procedure
Jury must not be influenced by anything outside of court
Jury service is a duty – summoned to serve and then selected
- Obligatory to attend unless there is a satisfactory excuse
- 18-75; on electoral roll; lived in UK for last five years
What role do district court judges play in the civil court system?
Most junior members of judiciary
Deal with minor civil matters
- Claims for damages, property matters, matrimonial issues etc
They sit in district registries throughout E+W
They will be either solicitors or barristers
District judge in Royal Courts of Justice is called a master
- Same role as any other district judge
What role do county court judges play in the civil court system?
Mainly barristers, but can also have solicitors as County Court judges
Most senior is a circuit judge who is appointed to one of the regions (circuits) of E+W
- Assisted by senior district judges
They preside over trials on a huge range of topics
They also have a key role in case management of litigation
What role do High Court judges play in the civil court system?
They deal with more complicated and expensive civil matters
There are five heads of division:
- Lord Chief Justice
- President of King’s Bench Division
- President of Family Division
- Chancellor of High Court
- Master of the Rolls
HC judges can be promoted to Court of Appeal and SC by Judicial Appointments Commission
What role do the Senior Judiciary play in the civil court system?
Mainly refers to SC justices and Chief Justices of the Court of Appeal
12 SC justices and their head is the President of the SC
- They deal with the most important cases in E+W
- Recommendations for office come from PM, followed by a selection process by a commission
Court of Appeal is home to five heads of division
- CoA also houses Lord and Lady Justices of Appeal, who are assisted by selected High Court judges
What role do arbitrators, mediators and tribunals play in the civil court system?
These are forms of alternative dispute resolution and are an important part of the legal system in E+W
- Arbitrators and mediators are usually lawyers, but may be businesspeople
- Tribunals consist of two people on a panel who aren’t legally qualified and one who is
What duties and Codes of Conduct do the judiciary have to abide by?
Judiciary has guidelines to their conduct and performance
Guide to Judicial Conduct = primary source of guidance
They will also be guided by the codes of conduct they followed as either solicitors or barristers
- SRA Code of Conduct and Bar Standards Board Handbook
General duties:
- Uphold the rule of law and proper administration of justice
- Act with integrity
- Uphold public trust and confidence in the legal system
- Act with independence
- Act with honesty
