Judges and Judicial Roles

What is the role of the Judicial Appointments Commission (JAC) in England and Wales?

Appoints judges based on merit through an independent process, promoting diversity

How were judicial appointments made before the Criminal Justice Act (CRA) 2005?

Recommended by the Lord Chancellor, a government minister

Outline the general process for judicial appointments.

Eligibility check, application, selection, consultation, and final approval

Describe the appointment process for Supreme Court Justices.

Ad hoc commission led by UKSC President; Lord Chancellor can reject; recommendation goes to PM and then The King

What are the key responsibilities of a judge?

Interpret law, ensure fair trial, manage courtroom, maintain impartiality, make decisions

What preliminary steps does a judge take in a criminal case before the trial starts?

Reads indictment, witness statements, exhibits, and evidence admissibility documents

What role does a judge play during a jury trial in the Crown Court?

Supervises jury, gives directions, ensures fairness, notes evidence, decides legal issues, sums up case

How does a judge guide the jury before they deliberate?

Explains law, prosecution's burden, key points, strengths/weaknesses, and jury duties

What factors influence a judge's sentencing decision in criminal law?

Seriousness, victim impact, sentencing guidelines, mitigation, and reports

What is the judge's role before a civil case trial?

Reads case papers to understand details

Describe the judge's role during a civil trial.

Manages case fairly and efficiently, hears evidence, applies law

What actions can a judge take after hearing a civil case?

Delivers judgment, decides remedies, and allocates costs

What are the two main types of cases family circuit judges deal with?

Private (parental disputes) and public (children removed by councils)

What preparations does a judge make before a family law trial?

Reviews case papers; consistency important in long-term cases

What considerations guide a judge during a family law trial?

Ensure legal representation, review officer reports, prioritize children's welfare, maintain calm environment

What is the role of the Lord Chief Justice in the Court of Appeal (Criminal Division)?

President of Court of Appeal Criminal Division; cases usually heard with two High Court judges

What types of cases do High Court judges hear in their criminal jurisdiction?

Most serious Crown Court cases (e.g., murder); may sit with Appeal judges

What is the role of Circuit Judges in criminal cases?

Hear Civil, Family, or Criminal cases; most Crown Court cases handled by them

What is the role of Recorders in the court system?

Part-time judges, first step to Circuit Judge, handle less complex cases, 10+ years' experience

What types of cases do District Judges (Magistrates' Courts) handle?

Legally qualified judges handling complex Magistrates' Court cases, including extradition

Describe the role and function of Magistrates.

Volunteers, sit at least 13 days/year, three magistrates decide cases together

What types of appeals are heard in the Civil Division of the Court of Appeal?

Appeals from High Court, some County Courts and Tribunals; permission required

What types of civil cases do High Court Judges handle?

Complex cases in King's Bench, Chancery, and Family Divisions; usually in London

What is the role of Circuit Judges in civil cases?

Handle criminal, civil, or family cases; some in specialized courts (e.g., Chancery, Technology & Construction)

What is the role of District Judges in civil cases?

Full/part-time judges in county courts handling civil and family matters

What are the key responsibilities of Magistrates in criminal cases?

Decide bail, remand, and pass serious cases to Crown Court

What is bail, and what are its different types?

Release of accused with promise to return; police, conditional, or unconditional bail

What personal qualities are required to be a magistrate?

Awareness, maturity, fairness, reliability, commitment, document/evidence comprehension, communication, good character

What are the commitments and requirements for serving as a magistrate?

Serve until 70, 10 days training in first 2 years, 13 full or 26 half days/year; expenses covered