THE BRITISH JUDICIARY

Unit 4

Preview

Hierarchy of courts Hierarchy of judges Qualifications, selection and appointment of judges Judicial titles Judicial qualities Tenure of judges Legal terms

The Court System

The Supreme Court (House of Lords) Court of Appeal, Criminal division Crown Court Magistrates Court High Court County Court Court of Appeal, Civil Division

Civil cases

1. 2. 3. 4.

The The The The

County Court High Court of Justice Court of Appeal (Civil Division) Supreme Court

County Courts

First instance civil cases: contract disputes, compensation claims, consumer complaints about faulty goods or services, bankruptcy cases

The High Court of Justice

The High Court of Justice Queens Bench Division Chancery Division Family Division

Queens Bench Division

The division of the High Court of Justice whose principal business is the trial of civil actions based upon contract or tort

Queens Bench Division

Queens Bench Division Admiralty Court Commercial Court

Admiralty Court

Civil actions relating to ships and the sea Cases about collisions, damage to cargo, salvage

Commercial Court

Commercial cases Puisne judges with experience of commercial matters

Chancery Division

The division of the High Court of Justice created by the Judicature Acts 1873-75 to replace the Court of Chancery Real property, trusts, administration of estates

Family Division

The division of the High Court concerned with family proceedings and noncontentious probate matters

The High Court of Justice

Original jurisdiction (complex civil cases), Appellate jurisdiction

Appeals: civil cases

From the High Court cases may go on appeal to the civil division of the Court of Appeal, which can reverse or uphold a decision of the lower courts; its decisions bind all the lower civil courts Civil cases may leapfrog from the High Court to the Supreme Court, bypassing the Court of Appeal, when points of law of general public importance are involved Appellants must apply for leave to appeal

Criminal courts

Magistrates Courts (95% criminal cases): petty crimes; minors; 3 lay magistrates or 1 district judge (formerly:stipendiary magistrate); no jury The Crown Court: indictable offences; jury trial

Appeals: criminal cases

Magistrates courts: appeals to the Crown Court Crown Court: appeals to the Court of Appeal Appeals may sometimes go from the Court of Appeal to the Supreme Court (formerly: House of Lords)

The Supreme Court (formerly: House of Lords)

Twelve judges appointed from judges and barristers (Law Lords) The quorum, or minimum number, of law lords for an appeal hearing is normally three, but generally there is a sitting of five judges Law Lords typically sit as a committee to develop and define the law of the land

Judicial appointments in England and Wales

Judicial office
Lords of Appeal in Ordinary (Law Lords)

Court
(Supreme Court/House of Lords)

Number
12

Lord Justices of Appeal

High Court Judges Circuit Judges Recorders District Judges (Civil) Deputy District Judges (Civil) District Judges (Stipendiary Magistrates) (Criminal) Magistrates, Justices of the Peace

Court of Appeal
High Court of Justice Crown Court and County Court Crown Court and County Court County Court County Court Magistrates Court Magistrates Court

37
107 638 1352 422 751 139 28,000

Magistrate

A justice of the peace sitting in a Magistrates Court. Most magistrates: lay persons; no formal legal qualifications: no payment for their services, give their time voluntarily. Also: district judges (Magistrates Court) (formerly called stipendiary magistrates) in London and other major cities.

Magistrates key qualities

Good character Understanding and communication Social awareness Maturity and sound temperament Sound judgement Commitment and reliability

Appointment of magistrates

About 1,500 new lay magistrtes appointed by Lord Chancellor each year on recommendations by the local advisory committees The committees: max. 12 members, magistrates and non-magistrates

Magistrates duties

Try 97% of all criminal cases; deal with preliminary hearings in the remaining 3% of criminal cases bail applications and committal proceedings

Magistrates duties

Civil matters: enforcing of debts owed to the utilities (gas, electric and water), nonpayment of the council tax and TV licences Criminal charges against young offenders Family cases: orders for protection against violence, adoption orders

District Judge (Magistrates Court)

A barrister or solicitor of not less than 7 years standing, appointed by the Lord Chancellor to sit in a Magistrates Court on a full-time salaried basis: formerly (before 2000) called a stipendiary magistrate

District Judge (Magistrates Court)

Metropolitan district judges sit in magistrates courts for Inner London; other magistrates sit in large provincial centres

District Judge (County courts)

In the county courts, a judicial officer appointed by the Lord Chancellor from solicitors or barristers of not less than 7 years standing. Can try cases within a financial limit defined by statute. Part-time district judges- known as deputy district judges

Recorder

A barrister or solicitor appointed as a parttime judge. Agree to make themselves available regularly (for at least 4 weeks a year) Usually sit in the Crown Court but may sit in the county courts or the High Court

Circuit Judge

Any of the judges appointed under the provisions of the Courts Act of 1971 from among those who have had a 10 year Crown Court or county court advocacy qualification. They may, by invitation of the Lord Chancellor, sit as High Court judges

Circuit system

The system of dividing England and Wales into regional circuits for the purpose of court administration. Consists of the South-Eastern, Western, Midland and Oxford, Wales and Chester, Northern and North-Eastern circuits

Lord Justice of Appeal

A judge of the Court of Appeal. The Lord (and Lady) Justices are normally appointed from those holding the post of a High Court judge or those with a 10year High Court qualification under the Courts and Legal Services Act 1990

Lords of Appeal in Ordinary (Law Lords)

Up to 12 persons, holders of high judicial office or practising barristers of at least 15 years standing; Under the Constitutional Reform Act these functions transferred to a new Supreme Court: the Law Lords- removed from the legislature

Lord Chancellor

Traditionally, the head of the judiciary, a government minister (in charge of the Lord Chancellors Department, now the Department for Constitutional Affairs), and Speaker of the House of Lords (the Constitutional Reform Act 2005 devolved this function onto the Lord Speaker) Judicial, executive, legislative functions

Lord Chancellor

Appoints magistrates and higher judicial officials; since 2005: Judicial Appointments Commission Appointed by the Prime Minister Under the Constitutional Reform Act 2005 his judicial functions transferred to the Lord Chief Justice

Mandatory requirements for judicial offices

An Act of Parliament lays down the mandatory requirements for most judicial offices Candidates must have practised as a lawyer or judge for a specified time The hierarchical structure of the courts informs the process of selection to the judiciary

Judicial appointments

Experience gained as a judge in a lower court one of the qualifications for appointment to a higher court Senior appointments to the Court of Appeal and the High Court made by the Queen following the recommendation of the Prime Minister, on the advice of the Lord Chancellor (now:the Judicial Appointments Commission)

Qualifications, selection and appointment of judges

Court Judge
Lords of Appeal in Ordinary Law Lords Lord Justices of Appeal

Qualification
15-year qualification

Role
Appeals on points of law Civil and criminal cases
Hear appeals Criminal cases against conviction and/or sentence Civil cases on the finding and/or amount awarded

Supreme Court Court of Appeal

10 year qualifiction

High Court

High Court judges (puisne judges)

10 year qualification

First instance cases, some appeal work

Qualifications, selection and appointment of judges

Court
Crown Court

Judge
Circuit judges Recorders

Qualification
10 year qualification

Role
Try cases with a jury Decide the law Pass sentence Civil cases liability and remedy Small claims Criminal cases decide law and verdict Pass sentence Some family

County Court

Circuit judges District judges

10 year qualification 7 year qualification 7 year qualification

Magistrates Courts

District judges

Titles
Court, Profession Queens Counsel Title Peter Brown QC Form of address

Circuit judge
Court of Appeal

Supreme Court

His Honour Judge Brown (QC) Lord Justice Brown, or The Right Honourable Sir Peter Brown The Right Honourable Lord Brown

Your Honour
My Lord, Your Lordship

My Lord, Your Lordship

Training of judges

The Judicial Studies Board (JSB) responsible for the training of judges, lay magistrates, and members of Tribunals in England and Wales JSB organises: an induction course; visits to penal establishments (prison); meetings with personnel from the Probation Service

Training of judges

A period of sitting in on the Bench the judges area of the Court with a Circuit Judge In his first week of appointment supervised by a Circuit Judge Practical guidelines for judges set out in Bench Books

Judicial qualities

Intellectual capacity Personal qualities including integrity, independence of mind, sound judgement, decisiveness, objectivity and willingness to learn Ability to understand and deal fairly Authority and communication skills Efficiency

Security of tenure of superior judges

Superior judges security of tenure; cannot be dismissed by the Lord Chancellor or the Government Hold office while of good behaviour Can only be removed by the Monarch following a petition presented by both Houses of Parliament

Tenure of inferior judges

Lord Chancellor has the power to dismiss inferior judges for incapacity or misbehaviour

Tenure of judges
Judges Law Lords Courts House of Lords Tenure whilst of good behaviour

Lords Justices of Appeal

High Court judges (puisne judges)

Court of Appeal
High Court

whilst of good behaviour

whilst of good behaviour

Tenure of judges
Judges Circuit judges Courts Crown Court County Court County Court Magistrates Court Crown Court (some in County Court) Tenure Can be dismissed by Lord Chancellor Can be dismissed by Lord Chancellor Appointed for 5 years; Lord Chancellor can decide not to reappoint

District judges

Recorders

Retirement

Judicial Pensions and Retirement Act 1993: all judges have to retire at the age of 70

Legal terms

Admiralty Court Admiralski sud, Pomorski sud Commercial Court Trgovaki sud Tort = civil wrong Graanski delikt Real property nekretnine

Legal terms

Trust Prijenos imovine na povjerenika, fiducijarni odnos Estate Ostavinska masa Probate Sudska ovjera oporuke

Legal terms

To reverse a decision Preinaiti odluku Reversal of judgement = the alteration of judgement on appeal Preinaka presude; ponitenje presude To uphold a decision Potvrditi odluku (nieg suda) Leave to appeal Doputenje ulaganja albe

Legal terms

Magistrate Mirovni sudac, neplaeni sudac District judge Okruni sudac Circuit judge Sudac koji sudi u razliitim mjestima iste sudske oblasti

Legal terms

Recorder Profesionalni sudac koji zasjeda s djelominim radnim vremenom na kaznenom sudu Puisne judge Sudac na Visokom sudu (High Court) Lord Chancellor Lord kancelar (obavlja poslove ministra pravosua), ranije: predsjedavajui Gornjeg doma

Legal terms

Indictable offence Teko kazneno djelo Criminal charges optunica za kazneno djelo Committal proceedings Podizanje optunice; postupak u kojem MagistratesCourt odluuje uputiti predmet na Crown Court

Legal terms

Bail application Molba za odreivanje jamevine Sitting Suenje, roite, rasprava The Bench and the Bar Suci i odvjetnici To be on the Bench Biti sudac

The court structure: Exercise 1

Complete the following: 1. Claims of lesser value will start in a ___. There are 250 of these around the country. They can also deal with divorce and bankruptcy matters. 2. Matters of important legal dispute arising in the Crown Court may be appealed to the _____. 3. From the Court of Appeal, there can be an appeal to the ____on fact or law, but usually appeal is only allowed on matters of legal importance.

Exercise 1 (cont.)

4 If the case involves a serious crime, it is heard in the ___ (there is only one____but it has about 70 centres around the jurisdiction). 5. In less serious criminal cases (which comprise over 90% of criminal cases), the case is sent for trial in one of over 400 ___. 6. More substantial civil claims (over 25,000) are heard in the____. 7. Under the system of appeals in civil cases, it is possible to appeal from a County Court or the High Court to the____

Key

Claims of lesser value will start in a County Court. There are 250 of these around the country. They can also deal with divorce and bankruptcy matters. Matters of important legal dispute arising in the Crown Court may be appealed to the Court of Appeal (Criminal Division). From the Court of Appeal, there can be an appeal to the House of Lords on fact or law, but usually appeal is only allowed on matters of legal importance.

Key

If the case involves a serious crime, it is heard in the Crown Court (there is only one Central Criminal Court but it has about 70 centres around the jurisdiction). In less serious criminal cases (which comprise over 90% of criminal cases), the case is sent for trial in one of over 400 Magistrates Courts.

Key

More substantial civil claims (over L25,00) are heard in the High Court. Under the system of appeals in civil cases, it is possible to appeal from a County Court or the High Court to the Court of Appeal (Civil Division)

Fill in the missing words: barrister, bench, clerk, judiciary, judge, judgement, jury, president, prosecutor, recorder

The ___are perhaps the most prominent amongst those involved in running the court. The largest group of ___are___, ordinary citizens who are not legal professionals but are appointed to ensure that the local community is involved in the running of the legal system. They sit as a group of three (as a ___). Magistrates sit with a legally qualified___, who can advise on points of law. A case is presented by the___, who takes over the case from the police who have already charged the defendant (or accused) with specified crimes.

barrister, bench, clerk, judiciary, judge, judgement, jury, president, prosecutor, recorder

In the upper courts, the judges are almost all former ____. But many cases are also heard by ____ - part-time barristers from private practice. The Crown Court___ consists of 12 persons, aged 18 to 70.

Match the two parts of the sentences and complete the gaps with the following words: appeal/appellate, claimant, hear/try, tried/heard:

1. The ___courts can 2. An appellant must get 3. In a civil action, a___who has suffered 4. Magistrates generally___cases of petty crime as 5. Indictable offences are

appeal/appellate, claimant, hear/try, tried/heard:

A) a court of first instance B) normally___in the Crown Court C) reverse or uphold decisions of lower courts. D) harm or injury seeks a remedy. E) leave to____before taking a case to a higher court.

The court system: Exercise 2

Verb sit appeal hear try 0 0 Noun event or Noun - person action 0

claim

Judges: Exercise

Match the judicial offices in the box with the required qualifications below (1-4). Bear in mind the hierarchical structure of the courts.

Lord of Appeal in Ordinary Lord Justice of Appeal Circuit Judge District Judge (Magistrates Court)

Exercise (cont.)

1. must have been qualified as a lawyer for at least seven years 2. must have been qualified for ten years, although three years service as a full-time District Judge is allowed 3. must have been qualified as a lawyer for at least 15 years and is usually drawn from judges in the Courts of Appeal in England, Wales, and Northern Ireland, and in teh Court of Session in Scotland 4. the statutory qualification is at least ten years in the High Court as a lawyer and, in practice, to be a High Court Judge.

Answers

1. 2. 3. 4.

District Judge (Magistrates Court) Circuit Judge Lord of Appeal in Ordinary Lord Justice of Appeal

Exercise 2

Complete the definitions with the following: the

Bench, the judicial office, the judiciary, penal establishment

1.____ _____ - collective word for a group of judges and the name of the place where a judge sits in court 2. ___ ____- formal collective word for all the judges in the legal system 3. ___ ____ ____ - the specific post of a judge (for example, a High Court Judge) 4. ___ ___ - place where people are held as a punishment when convicted of an offence

The court system: additional information

www.courtservice.gov.uk
www.lexadin.nl/wlg/courts/nofr/courts.htm

Judges: additional information

www.jsboard.co.uk www.dea.gov.uk/judicial www.judiciary.gov.uk

Research

Look up the judicial website www.judiciary.gov.uk

Research

1. Look up the names of the judges in the Supreme Court. Choose any two and look at their biographies. Find out the following matters: A) Which school did they go to? B) At which university did they get their degree? When did they first become a judge? When did they become a judge in the House of Lords?

Research

2. Find out how many woman judges there are in the Court of Appeal. 3. Find out how many ethnic minority judges there are in the High Court.