Role of Judiciary and Types of Judges

Supreme Court

Type of Judge:

Justices of the Supreme (12)

Role:

Hear appeals on points of law and reviews grounds/leave for appeal / appeal applications

Court of Appeal

Type of Judge:

Lord Justices of Appeal

Role:

Hear appeals on points of law and or sentencing and reviews grounds/leave for appeal / appeal application

High Court

Type of Judge:

High Court Judges

Role:

Hears appeals on points of law and or sentencing. Hears appeals by ‘way of case stated’ from the Magistrates Court. Reviews leave for appeal / appeal applications

Crown Court

Type of Judge:

High Court judge (for serious cases), Circuit judges & Recorders (part time judges)

Role:

Determines sentence/sentencing hearing (if D pleads G or is found G following trial by jury)

Directs the Jury during a CC trial, clarifies points of law, summing up & guiding the Jury.

Hears appeals from the MC with 2 Lay Magistrates (automatic right for the D to appeal)

Magistrates Court

Type of judge:

District Judge

Role:

May sit on their own in MC and deal with all Criminal matter, EAH, PBV, Summary / TEW / sentencing

Roles of a Criminal Judge

1. Pretrial

2. Trial

3. Jury

4. Summing up

5. Verdict

6. Costs

7. Sentencing

8. Appeals

9. Other Roles

Main role is to interpret law

Roles of a Criminal Judge - Pretrial

A judge may be involved in pre-trial matters such as issuing warrants, whether or not to grant bail (in MC) and the ‘Plea and Trial Preparation Hearing’, where the judge will explain the procedure for the hearing itself. The judge may also review any evidence that has been gathered or deal with any special questions of law that might arise.

If plea discussions are successful and a plea is entered, the judge will then decide whether to accept it or reject it.

If plea negotiations fail or D enters a NG plea (or refuses to enter a plea altogether), the court will set a date for a trial hearing. All parties must agree to a timetable for the trial hearing and discuss any bail conditions.

Roles of a Criminal Judge - Trial

Main Role of the Judge is to decide matters of law and manage the trial

Roles of a Criminal Judge - Jury

Judge is responsible for the selection and swearing-in of the jury and explaining to the jury what their role is in the trial.
Judge warns jury not to discuss the case with anyone during the trial.

Roles of a Criminal Judge - Summing Up

At the close of the trial when all the evidence has been heard, the judge makes their summing-up to the jury. The judge explains the law on each of the charges made and what the P must prove if the jury are to find D G on each charge

Judge then reminds jury of important points of the case, and outline strengths and weaknesses of the arguments for both P and D. They then give directions to jury about their individual and collective duties before jury deliberate.

Judge then answers any queries or matters that might arise during the deliberations of the jury and will advise the jury when a majority verdict is acceptable.

Roles of a Criminal Judge - The Verdict

Verdict will be received by the Judge in open court.

If D is acquitted then the judge will release D and discharge the jury.

Roles of a Criminal Judge - Costs

If D is found G, the judge will make an order regarding D’s contribution towards the costs of the Prosecution.

Roles of a Criminal Judge - Sentencing

If D is found G, then the judge will decide on an appropriate sentence once they have considered all the factors relevant to the case. Sentencing may be adjourned to a later date.

Roles of a Criminal Judge - Appeals

Judges sitting in appeal hearings initial have the role of granting or denying leave for appeal.

In Appeal hearings, judges consider legal arguments challenging the decisions of inferior judges, mainly on a point of law or on the sentence. Judges have power to allow appeal and reverse the lower court decision or to dismiss the appeal and uphold decision.

Appeal judges deliver judgements with their reasons set out. These decisions are reported and will become binding precedents.

Appeal judges generally sit as a panel (e.g. 3 in CA)

Roles of a Criminal Judge - Other Roles

Judges will occasionally have some roles out of the civil and criminal courts systems such as heading an inquiry.

The retired judge Sir Martin Moore-Bick headed the Grenfell inquiry.