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 starter activity

 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

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  1. starter activity What do judges do? Make a list of as many roles of judges as you can think of.

  2. 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.

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

  4.  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?

  5. Functions • Criminal trials • Sentencing • Civil disputes • Uphold will of the legislature (rule of law) • Judicial review • Enquiries • HoL Lord Philips, Lord Chief Justice

  6. 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

  7.  Your task • Read Watts and complete the chart your teacher provides.

  8. 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)

  9. 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)

  10. 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

  11. 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

  12. 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

  13. 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

  14.  Your task • Read Watts p.168. How is the independence of the judiciary protected?

  15. 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

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