the role of the judicary (3.1)

What does the judiciary consist of

The judiciary consists of all judges in the country’s courts. There are over 3,000 court judges

Philosophy

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What is the philosophy of the judiciary summed up by

The Philosophy of the judiciary is summed up in six principles in the Guide to Judicial Conduct(2016) these lay down the standards for judges’ ethical conduct

Six principles

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What is judicial independence

Judicial independence- judges should be independent and free from government interference in their decisions. This enables them to uphold the rule of law and safeguard the rights of citizens against the power of the government

What is impartiality

Impartiality- not showing favour to one side or the other

What is integrity

Integrity- being honest and with strong moral principles

What is propriety

Propriety- upholding society’s accepted standards or behaviour and morals

What is ensuring equal treatment

Ensuring equal treatment to everyone who comes before the courts

What is competence

Competence - the knowledge and ability to do the job

What is the oath of allegiance judges must swear to

Oath of allegiance- (loyalty) to the Queen, her heirs and successors

What is the judicial oath

Judicial oath- to ‘do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will’ - in other words, to treat people equally, without fear impartiality and according to the law

Aims and objectives

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What is the basic role of the judiciary

To interpret and apply the law to the cases that comes before it in the courts

What are aims and objectives in the Crown Court

The judge must mange the trial, ensuring fairness to all parties, explaining the lack issues and procedures to members of the jury, summing up the evidence, and passing sentence if the defendant is found guilty

What are the aims and objectives in the appeal courts (the courts of Appeal and the Supreme Court)

Judges make rulings on the appeals that comes before them from lower courts in the hierarchy. This may involve creating precedents through the principle of judicial precedent, which then bind the future decision of the lower courts

Funding

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What is the pay of the judiciary based on

The pay of the judiciary is based on the advice of an independent body, the Senior Salaries Review Body, which makes recommendations to the Prime Minister and the Lord Chancellor on how much judges should be paid (along with the pay of others such as MPs and senior civil servants)

What is a limitation to this

Although judges are well paid by most people’s standards, some senior lawyers can earn far more than judges.

Working practices

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What does the position of judges reflect

The position of judges reflects the importance of maintaining their independence so that they can uphold the rule of law and defend the rights of citizens -reasons;

What is security of tenure

Security of tenure- they cannot be removed form office except by a petition to the Queen passed by both House of Parliament

How is their salary guaranteed

The judiciary is organised in a clear hierarchy. They cannot be divided into superior judges, who sit in the Supreme Court, Court or Appeal and High Court , and inferior judges, who in Crown Court (and sometimes magistrates courts)

How is types of criminality and offender relevant

Judges deal with all types of offence and offender, except for the least serious cases, which are usually dealt with by magistrates, or by cautions and fixed- penalty notices issued by the police

National and local reach

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What settles national importance

At the most senior level, the Supreme Court has nations wide jurisdiction and settles points of law of national importance.

What handles local cases

Judges working in the lower (inferior) courts such as the 90 or so Crown Court venues around the country handle local cases