District judges Justices of the SC

Role of judges in criminal trials

Inferior judges, who serve in the Superior judges. Hear about 100 cases
• Before the beginning of the trial Magistrates’ Court. Sit on their own to annually (appeals). Usually hear a majority of civil
➢ Set dates for the trial decide facts and law. Decide sentencing cases. Hear cases appealed only on a point of
➢ Set a venue for the trial if D pleads/is found guilty. Practically
➢ Hold a meeting to arrange a timetable by which general public importance and have complicated
they are paid magistrates. 1st rank on technical areas of law (e.g. planning or tax law).
certain things must be done (if heard in the the civil hierarchy. Deal with small Lord Justices of Appeal
Crown Court) Sit at an uneven number panel (min. 7 judges).
Recorders claims cases of under £10,000 and can
➢ May arrange bail also hear other cases for larger amounts Create binding precedents. Highest ranked judge
is called Dame Brenda Hale. Superior judges. Sit in both CA divisions and hear appeals.
• During the trial Part-time inferior judges, who Heavier workload than the SC Justices. Have over 7,000
➢ Decide issues of law, e.g. Admissibility of are appointed for 5 years. applications of appeals against sentence or conviction
Evidence (jury is absent from the room while Mainly used in criminal cases, annually. Sit on their own to hear applications, but in a panel
this is done) but can be used in civil trials as of 3 to hear cases. Could be a panel of 5 in rare occasions
➢ Keep order in the courtroom well. Must have been barristers Hear 1,800 criminal and 3,000 civil appeals yearly. May find
➢ Listen to evidence or solicitors for at least 7 years.
➢ Apply relevant statutes
appeals against the finding of liability or an appeal about the
➢ Follow binding precedents remedy awarded, e.g. the amount of money given as
Circuit judges damages. Create binding precedents.
➢ Sumps up facts and evidence to the jury
➢ Advise the jury on relevant issues of law
➢ Decide whether the decision of the jury will Full-time judges in the Crown and High Court judges
stand or decide to change their decision County Courts, who have certain
Will pass sentence often in a separate hearing, responsibilities. They are inferior
judges. Decide facts of law. Make a Superior judges. Try cases of first instance (never
e.g. a prison sentence, a fine, community
been tried before) on their own. Hear witness
decision about who has won the case TYPES OF JUDGES evidence, decide what the law is and make the
• After the trial in civil trials. Sit with a jury in criminal
cases and decide sentencing. Go decision as to which side has won the case. Decide
➢ Decide sentence if D is found guilty
how much should be awarded to the wining claimant
➢ service (‘community orders’) around a circuit of courts.
in claims for damages. Hear County Court appeals.
➢ Decide whether sentences are correct High Court judges in the QBD division hear criminal
➢ Approve appeals appeals from the Magistrate’s Court by a special
➢ If a case is appealed, judges consider new Came into case stated method (appeals only). Two judges hear
evidence and new points of law appeals. Known as ‘puisne’ judges.
power
Thein 2010
Role of judges in civil trials
Judiciary
• Before the beginning of the trial
➢ Help the parties to prepare for the trial and advise on Lord Chief Justice is the
Alternative Dispute Resolution
➢ Set timetables by which certain things must be done, most senior judge and
e.g. exchanging witness statements
Master of Rolls – president makes appointments
➢ Hold meetings between the parties to check Judiciary is a collective
everything is on track and make any necessary of the CA and is in charge
changes to the timetable
word for judges
of laws made by judges
➢ Set date and venue for the trial

• During the trial

➢ Preside over the court
Came into power in
➢ Listen to evidence
CameQualifications:
into power 2010
➢ Decide legal issues, e.g. Rules of Procedure in the
Came into power in
courtroom or Admissibility of Evidence
in 2010
➢
➢
Apply relevant statutes
Follow any binding precedent
• 2010
Set in the Courts and Legal Services Act 1990 as amended by
the Tribunal, Courts and Enforcement Act 2007 Selection
➢ Weigh up evidence and come to a decision in favour
of one of the parties = unbiased and independent • Based on legal qualifications + relevant legal experience for a
decision number of years • Up to 2005 = done by the Lord Chancellor in a secretive
➢ Order parties to behave in a certain way system; Lord Chancellor is a political appointment => judges
selection was not independent from political influence
• After the trial • After 2005 = Constitutional Reform Act 2005 changed the
➢ A case may be heard in a judge’s private room, but system; Judicial Appointments Commission deals with
judges may decide a case purely on paper evidence selection and advertised vacancies for judicial positions,
➢ If D is found liable, judges make orders, e.g. Appointment: interviews applicants and recommends appointments to the
compensation or injunction Lord Chancellor
➢ Approve appeals
➢ If a case is appealed, judges may review D’s liability or • Made by the Queen; this keeps selection and appointment
the amount of compensation and consider any new separate from government 1
points of law
Judiciary independence
 Way in which independence is Explanation Comment on how independence is
protected protected
Security of tenure Act of Settlement 1701 – can hold office while of good Cannot be dismissed by the government
behaviour + cannot be dismissed by the government
➢ Superior judges can’t be sacked unless both Houses Can only be removed by the monarch following a
of Parliament agree Same provision is contained in the Senior Courts Act petition presented by her to both House of Parliament
1981 for High Court judges and Lord Justices of
➢ Complaints against judges maintain independence Appeal and in the Constitutional Reform Act 2005 for Protection from political whims
as they are investigated by the Judicial Conduct
the Justices of the Supreme Court
Investigations Office and then reported to the Lord
Chancellor and Lord Chief Justice
1830 – power was used to remove an Irish judge
➢ Inferior judges:
(Johan Barrington) who misappropriated £700 from
▪ Circuit judge Bruce Campbell was dismissed for court funds
evading customs duty on whisky and cigarettes
in the 1970
▪ Recorder Constance Briscoe was convicted
and imprisoned for perverting the course of
justice by lying and then altering her witness
statement regarding her involvement in a case
where a Cabinet Member and his wife had
‘swapped driving points’

Immunity from trial Judges are given immunity from prosecution for any Allows a judge to perform his duties without a fear of
acts they carry out in performance of their judicial repercussions
function; superior judges cannot be sued for their
decisions

Independence from the executive Superior judges cannot be dismissed by the Can make decisions, which may displease the
government; can make decisions which may government without the threat of dismissal
displease the government without the threat of
dismissal; s.3 Constitutional Reform Act 2005 grants
independence; must be able to make decisions
without the fear of repercussions

Independence from the legislature Generally not involved in Parliament (full-time judges Judiciary was separated from the legislature after the
cannot be MPs; measures are not as strict for part- creation of the SC in 2009; independence results in
time judges) fairness

Independence from case Must not try any case where judges have a particular Creates independent and unbiased decisions
interest at

2
 e.g. Pinochet Case 1998

➢ Case involved the extradition of Augusto

Pinochet (former Chilean head of state) to
Chile to face trials
➢ Amnesty International took part in the case,
but Lord Hoffmann (judge) was part of
Amnesty International and would act in their
interests
➢ Case was retried with a new panel of judges

Reasons fur judiciary independence:

1) Protects the liberty of the individual from abuse of power by the executive + supports democracy; government opposition could be
imprisoned if the judiciary was influenced by the government
2) Courts stated that the government could not start the process of leaving the EU without consulting Parliament despite protests; the
judiciary’s independence was defended, e.g. as during Brexit
3) Judges should not fear repercussions when carrying out their function, e.g. in judicial review cases when deciding when an Act or a decision
by the government departments is reasonable
4) Judges must be free to exercise their judicial powers without interference from litigants, the state, the media, powerful individuals or entities
5) Independence is important when the judge deals with criminal/civil cases; court needs t be sure that the judge cannot be influenced by an
outside party or by the judge’s personal interests

Advantages of judiciary independence:

1) Fairness ensured in all cases; the judge has to base the judgement only on the facts of the case and this is granted by the prosecution in
the form of protection over judges
2) Judges can exercise their power of judicia reviews of government Acts/decisions without facing repercussions; thus, they can protect
citizens from biased decisions; judges are also carefully selected and are impartial
3) Judicial independence is beneficial for the public, thus it is supported by it; it ensures that all citizens would be tried fairly and in accordance
to the law

END.