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starter activity. What do judges do? Make a list of as many roles of judges as you can think of. Why do we have judges?. Aims. Identify the different functions that judges perform. Understand the structure of the judicial system in Britain Assess the independence of the judiciary.
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starter activity What do judges do? Make a list of as many roles of judges as you can think of.
Why do we have judges? Aims Identify the different functions that judges perform. Understand the structure of the judicial system in Britain Assess the independence of the judiciary.
Your task • Your teacher will give you a list of key words relating to the judiciary. Match each word to a definition.
Your task • Read Watts, p.164-5 and make a list of the key functions of the judiciary. • Can you create a mnemonic that will help you remember all the functions?
Functions • Criminal trials • Sentencing • Civil disputes • Uphold will of the legislature (rule of law) • Judicial review • Enquiries • HoL Lord Philips, Lord Chief Justice
Widening role of judges • Volume of legislation • Increasing complexity of govt. • Growing prominence of rights cases, e.g. HRA (1998) • Growth in litigation • Moral / ethical issues increasingly delegated to courts How new is the litigation culture
Your task • Read Watts and complete the chart your teacher provides.
Magistrates’ courts • 98% of criminal cases • 700 courts in England & Wales • Presided over by lay-magistrates or ‘JPs’ (Justices of the Peace • 28,500 JPs (May 2004, 49% women) • Assisted by District Magistrates (legally qualified, full-time judges) (May 2004, 20 out of 103 women)
Crown Court • 94 Crown Court centres – e.g. Old Bailey, London • Serious criminal cases • No jury unless defendant pleads ‘not guilty’ • Cases heard by High Court Judges, Circuit Judges, Recorders)
County Courts • 270 County Courts • Presided over by Circuit or District Judges • Judgements on disputed contracts with a value of less than £5,000; repossessions, siputes between tenants & landlords, wills & matrimonial matters • Appeals or complex cases referred to High Court of Appeal
Court of Appeal • Presided over by 2 or 3 Lord Justices of Appeal (36 in total) • Cases referred due to flawed evidence or cases where accused is later found to be innocent • Since 1997, Criminal Cases Review Commission (CCRC) has taken over power to decide which cases go to Appeal from Home Office • Appeal courts acquit or order a retrial • Home Secretary can recommend a pardon
House of Lords / Supreme Court • Presided over by 5 Law Lords (12 in total, including 2 Scottish members) • Sit in committee room, don’t wear wigs or robes • Vote on whether to accept or dismiss an appeal • Around 1,500 appeals every year
European Court of Justice • Highest court of European Union • Located in Luxembourg • Judgements override those of HoL • Also: European Court of Human Rights (Strasbourg) has a specific remit to interpret & enforce European Convention on Human Rights
Your task • Read Watts p.168. How is the independence of the judiciary protected?
Independence of judiciary • Use of juries in certain criminal & civil cases • Fair & rigorous selection process • Security of tenure • Political neutrality • Judges’ remarks or not subjected to parliamentary criticism • Immunity from laws of defamation • Fixed salaries