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Law unit 1

The Judiciary

Role of Judge at first instance in all courts To ensure hearing is fair & preside over the court To decide questions of Law
Role of Judge at first instance in criminal cases Magistrates court-decide sentence,verdict & preliminary matters Crown court-Sum up case for Jury (sentence if appropriate)
Role of Judge at first instance in civil cases Decide verdict and award Act as case manager
Role of Judge in Appeal courts Review first instance cases to ensure theyre right Decide whether result is wrong or unsafe Can revise sentence or award Can clarify or amend Law where appropriate May be involved in judicial review in the divisional high court
Role of High court judges Deals with First Instance and Appeals from the County and Crown and Magistrates court
Role of Lord Justices of Appeal More than 7000 criminal appeal applications,1000 civil Only 25% are alllowed Sit in a Panel of 3
Role of Justices of Supreme court 70 Appeal cases per year Appeal on a point of Law
What are the 3 branches of the government The Executive The Legislature The Judiciary
Do Superior Judges have security of tenure? Yes Act of Settlement 1701: they cant be dismissed as long as they have good behaviour
Do Inferior judges have security of tenure No The Lord Chancellor can dismiss for incapacity of ,isbehavipur but they need permission from Lord Chief Justice
What happens if there are complaints about the judiciary? The Judicial Conduct investugation office looks into it and if its true its reported to Lord chancellor and lord chief of justice
What do all judges have immunity from Immunity from suit Judges cannot be sued got any acts they carry out in performance in their judicial function They are only liable if not acting in judicial capacity
Why is judges having immunity from suit important It allows judge to perform without fear of prosecution
what does it mean by Judicial independence from executive Superior judges cannot be dismissed by the government This guaranteed under S3 of the constitutional reform act 2005
what does it mean by Judicial independence from Legislative Full time judges cannot be MP's Part of the Constituional reform act 2005
what does it mean by Judicial independence from case Judges must not try a case if thye have any interests in its issues
Advantages of judicial independence Judicial posts are advertised more openly JAC slects openly on merit Security of Tenure
Disadvantages of judicial independence Few ethnic minority judges and female judges Few working class judges
Created by: Taanvi
 

 



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