3.1 and 3.4 the judiciary

who and what are the judiciary

consists of all the judges in the country’s courts, over 3000 court judges

what is the judiciary’s aims, objectives and values (crown court and appeal court)

• interpret and apply the law to the cases that come before it in the courts

• crown court: judge must manage the trial

• appeal court: judges make rulings on the appeals

how is the judiciary funded

based on the advice of an independent body who make recommendations to the prime minister on how much judges should be payed

what is the judiciary’s working practices

• they have security of tenure and cannot be removed from the office except by petition of the king

• salary is guaranteed

specialist jobs contained within the judiciary

circuit judge, recorder, district judge, chief officers

cases where judges may have been biased (lavinia woodward)

• many say say she received special treatment as she went to oxford and living a privileged life

• she was drunk and stabbed her boyfriend with a bread knife

• suspended sentence, community based, controversial

arguments for judges being out of touch

they are largely from old male, white/ middle/ upper class backgrounds, not in touch with struggles of a ‘common person’

this is a problem because the case becomes hardened and ritualistic and lack empathy

arguments for judges being in touch

judges keep up with the latest news, current affairs and wider social/ political

this is a problem because sentences start to vary through inconsistency, media and political pressure

positives of the judiciary

• authority figures ensuring trials are fair and human rights complaint

• experienced and highly qualified (highly knowledgeable about the law)

• making rulings based on years of experience

negatives

• biased (largely due to social/ cultural background)

• lacking diversity

• poor decision making (e.g. inconsistent sentencing)