starter activity

What do judges do? Make a list of as many roles of judges as you can think of.

Why do we have Why do we have judges?judges?

Identify the different functions Identify the different functions that judges perform.that judges perform.

Understand the structure of the Understand the structure of the judicial system in Britainjudicial system in Britain

Assess the independence of the Assess the independence of the judiciary.judiciary.

Aims

Your taskYour task

Your teacher will give you a list of Your teacher will give you a list of key words relating to the judiciary. key words relating to the judiciary. Match each word to a definition.Match each word to a definition.

Your taskYour task

Read Watts, p.164-5 and make a list Read Watts, p.164-5 and make a list of the key functions of the judiciary.of the key functions of the judiciary.

Can you create a mnemonic that will Can you create a mnemonic that will help you remember all the help you remember all the functions?functions?

FunctionsFunctions

Criminal trialsCriminal trials SentencingSentencing Civil disputesCivil disputes Uphold will of the Uphold will of the

legislature (rule of legislature (rule of law)law)

Judicial reviewJudicial review EnquiriesEnquiries HoLHoL

Lord Philips, Lord Chief Justice

Widening role of judgesWidening role of judges Volume of legislationVolume of legislation Increasing Increasing

complexity of govt.complexity of govt. Growing prominence Growing prominence

of rights cases, e.g. of rights cases, e.g. HRA (1998)HRA (1998)

Growth in Growth in litigationlitigation Moral / ethical issues Moral / ethical issues

increasingly increasingly delegated to courtsdelegated to courts

How new is the litigation culture

Your taskYour task

Read Watts and complete the chart Read Watts and complete the chart your teacher provides.your teacher provides.

Magistrates’ courtsMagistrates’ courts

98% of criminal cases98% of criminal cases 700 courts in England & Wales700 courts in England & Wales Presided over by lay-magistrates or Presided over by lay-magistrates or

‘JPs’ (Justices of the Peace‘JPs’ (Justices of the Peace 28,500 JPs (May 2004, 49% women)28,500 JPs (May 2004, 49% women) Assisted by District Magistrates Assisted by District Magistrates

(legally qualified, full-time judges) (legally qualified, full-time judges) (May 2004, 20 out of 103 women)(May 2004, 20 out of 103 women)

Crown CourtCrown Court

94 Crown Court centres – e.g. Old 94 Crown Court centres – e.g. Old Bailey, LondonBailey, London

Serious criminal casesSerious criminal cases No jury unless defendant pleads ‘not No jury unless defendant pleads ‘not

guilty’guilty’ Cases heard by High Court Judges, Cases heard by High Court Judges,

Circuit Judges, Recorders)Circuit Judges, Recorders)

County CourtsCounty Courts

270 County Courts270 County Courts Presided over by Circuit or District Presided over by Circuit or District

JudgesJudges Judgements on disputed contracts with a Judgements on disputed contracts with a

value of less than £5,000; repossessions, value of less than £5,000; repossessions, siputes between tenants & landlords, siputes between tenants & landlords, wills & matrimonial matterswills & matrimonial matters

Appeals or complex cases referred to Appeals or complex cases referred to High Court of AppealHigh Court of Appeal

Court of AppealCourt of Appeal Presided over by 2 or 3 Lord Justices of Presided over by 2 or 3 Lord Justices of

Appeal (36 in total)Appeal (36 in total) Cases referred due to flawed evidence or Cases referred due to flawed evidence or

cases where accused is later found to be cases where accused is later found to be innocentinnocent

Since 1997, Criminal Cases Review Since 1997, Criminal Cases Review Commission (CCRC) has taken over power Commission (CCRC) has taken over power to decide which cases go to Appeal from to decide which cases go to Appeal from Home OfficeHome Office

Appeal courts acquit or order a retrialAppeal courts acquit or order a retrial Home Secretary can recommend a pardonHome Secretary can recommend a pardon

House of Lords / House of Lords / Supreme CourtSupreme Court

Presided over by 5 Law Lords (12 in Presided over by 5 Law Lords (12 in total, including 2 Scottish members)total, including 2 Scottish members)

Sit in committee room, don’t wear Sit in committee room, don’t wear wigs or robeswigs or robes

Vote on whether to accept or dismiss Vote on whether to accept or dismiss an appealan appeal

Around 1,500 appeals every yearAround 1,500 appeals every year

European Court of European Court of JusticeJustice

Highest court of European UnionHighest court of European Union Located in LuxembourgLocated in Luxembourg Judgements override those of HoLJudgements override those of HoL Also: European Court of Human Also: European Court of Human

Rights (Strasbourg) has a specific Rights (Strasbourg) has a specific remit to interpret & enforce remit to interpret & enforce European Convention on Human European Convention on Human RightsRights

Your taskYour task

Read Watts p.168. How is the Read Watts p.168. How is the independence of the judiciary independence of the judiciary protected?protected?

Independence of Independence of judiciaryjudiciary

Use of juries in certain criminal & Use of juries in certain criminal & civil casescivil cases

Fair & rigorous selection processFair & rigorous selection process Security of Security of tenuretenure Political neutralityPolitical neutrality Judges’ remarks or not subjected to Judges’ remarks or not subjected to

parliamentary criticismparliamentary criticism Immunity from laws of Immunity from laws of defamationdefamation Fixed salariesFixed salaries