THE BRITISH THE BRITISH JUDICIARYJUDICIARY

Unit 4Unit 4

PreviewPreview Hierarchy of courtsHierarchy of courts Hierarchy of judgesHierarchy of judges Qualifications, selection and Qualifications, selection and

appointment of judgesappointment of judges Judicial titlesJudicial titles Judicial qualitiesJudicial qualities TenureTenure of judges of judges Legal termsLegal terms

The Court SystemThe Court System

The Supreme Court (House of Lords)

Court of Appeal, Criminal division

Court of Appeal, Civil Division

Crown Court High Court

Magistrates Court County Court

Civil casesCivil cases 1. The County Court 1. The County Court 2. The High Court of Justice2. The High Court of Justice 3. The Court of Appeal (Civil Division)3. The Court of Appeal (Civil Division) 4. The Supreme Court4. The Supreme Court

County CourtsCounty Courts First instance civil cases: contract First instance civil cases: contract

disputes, compensation claims, disputes, compensation claims, consumer complaints about faulty consumer complaints about faulty goods or services, bankruptcy casesgoods or services, bankruptcy cases

The High Court of JusticeThe High Court of Justice

The High Court of Justice

Queen’s Bench Division Chancery Division Family Division

Queen’s Bench DivisionQueen’s Bench Division The division of the High Court of The division of the High Court of

Justice whose principal business is Justice whose principal business is the trial of civil actions based upon the trial of civil actions based upon contract or tortcontract or tort

Queen’s Bench DivisionQueen’s Bench Division

Queen’s Bench Division

Admiralty Court Commercial Court

Admiralty CourtAdmiralty Court Civil actions relating to ships and the Civil actions relating to ships and the

seasea Cases about collisions, damage to Cases about collisions, damage to

cargo, salvagecargo, salvage

Commercial CourtCommercial Court Commercial casesCommercial cases Puisne judges with experience of Puisne judges with experience of

commercial matterscommercial matters

Chancery DivisionChancery Division The division of the High Court of The division of the High Court of

Justice created by the Judicature Acts Justice created by the Judicature Acts 1873-75 to replace the Court of 1873-75 to replace the Court of ChanceryChancery

Real property, trusts, administration Real property, trusts, administration of estatesof estates

Family DivisionFamily Division The division of the High Court The division of the High Court

concerned with family proceedings concerned with family proceedings and non-contentious probate mattersand non-contentious probate matters

The High Court of JusticeThe High Court of Justice Original jurisdiction (complex civil Original jurisdiction (complex civil

cases),cases), Appellate jurisdictionAppellate jurisdiction

Appeals: civil casesAppeals: civil cases From the High Court cases may go on From the High Court cases may go on

appeal to the civil division of the Court of appeal to the civil division of the Court of Appeal, which can reverse or uphold a Appeal, which can reverse or uphold a decision of the lower courts; its decisions decision of the lower courts; its decisions bind all the lower civil courtsbind all the lower civil courts

Civil cases may leapfrog from the High Civil cases may leapfrog from the High Court to the Supreme Court, bypassing the Court to the Supreme Court, bypassing the Court of Appeal, when points of law of Court of Appeal, when points of law of general public importance are involvedgeneral public importance are involved

Appellants must apply for leave to appealAppellants must apply for leave to appeal

Criminal courtsCriminal courts Magistrates’ Courts (95% criminal Magistrates’ Courts (95% criminal

cases): petty crimes; minors; cases): petty crimes; minors; 3 lay magistrates or 1 district judge 3 lay magistrates or 1 district judge

(formerly:stipendiary magistrate); no (formerly:stipendiary magistrate); no juryjury

The Crown Court: indictable offences; The Crown Court: indictable offences; jury trialjury trial

Appeals: criminal casesAppeals: criminal cases Magistrates’ courts: appeals to the Magistrates’ courts: appeals to the

Crown CourtCrown Court Crown Court: appeals to the Court of Crown Court: appeals to the Court of

AppealAppeal Appeals may sometimes go from the Appeals may sometimes go from the

Court of Appeal to the Supreme Court of Appeal to the Supreme Court (formerly: House of Lords)Court (formerly: House of Lords)

The Supreme Court (formerly: The Supreme Court (formerly: House of Lords)House of Lords)

Twelve Twelve judgesjudges appointed from judges appointed from judges and barristers (Law Lords)and barristers (Law Lords)

The quorum, or minimum number, of The quorum, or minimum number, of law lords for an appeal hearing is law lords for an appeal hearing is normally three, but generally there is a normally three, but generally there is a sitting of five judgessitting of five judges

Law Lords typically sit as a committee Law Lords typically sit as a committee to develop and define the law of the to develop and define the law of the landland

Judicial appointments in England Judicial appointments in England and Walesand Wales

Judicial officeJudicial office CourtCourt NumberNumberLords of Appeal in Lords of Appeal in Ordinary (Law Lords)Ordinary (Law Lords)

(Supreme Court/House (Supreme Court/House of Lords)of Lords)

1212

Lord Justices of AppealLord Justices of Appeal Court of AppealCourt of Appeal 3737High Court JudgesHigh Court Judges High Court of JusticeHigh Court of Justice 107107Circuit Judges Circuit Judges Crown Court and County Crown Court and County

CourtCourt638638

RecordersRecorders Crown Court and County Crown Court and County CourtCourt

13521352

District Judges (Civil)District Judges (Civil) County CourtCounty Court 422422Deputy District Judges Deputy District Judges (Civil)(Civil)

County CourtCounty Court 751751

District Judges District Judges (Stipendiary (Stipendiary Magistrates) (Criminal)Magistrates) (Criminal)

Magistrates’ CourtMagistrates’ Court 139139

Magistrates, Justices of Magistrates, Justices of the Peacethe Peace

Magistrates’ CourtMagistrates’ Court 28,00028,000

MagistrateMagistrate A ‘justice of the peace’ sitting in a A ‘justice of the peace’ sitting in a

Magistrates’ Court. Most magistrates: Magistrates’ Court. Most magistrates: lay persons; no formal legal lay persons; no formal legal qualifications: no payment for their qualifications: no payment for their services, give their time voluntarily. services, give their time voluntarily.

Also: district judges (Magistrates’ Also: district judges (Magistrates’ Court) (formerly called stipendiary Court) (formerly called stipendiary magistrates) in London and other magistrates) in London and other major cities.major cities.

Magistrates’ key qualitiesMagistrates’ key qualities Good characterGood character Understanding and communicationUnderstanding and communication Social awarenessSocial awareness Maturity and sound temperamentMaturity and sound temperament Sound judgementSound judgement Commitment and reliabilityCommitment and reliability

Appointment of magistratesAppointment of magistrates About 1,500 new lay magistrtes About 1,500 new lay magistrtes

appointed by Lord Chancellor each appointed by Lord Chancellor each year on recommendations by the year on recommendations by the local advisory committeeslocal advisory committees

The committees: max. 12 members, The committees: max. 12 members, magistrates and non-magistratesmagistrates and non-magistrates

Magistrates’ dutiesMagistrates’ duties Try 97% of all criminal cases; deal Try 97% of all criminal cases; deal

with preliminary hearings in the with preliminary hearings in the remaining 3% of criminal casesremaining 3% of criminal cases

bail applications and committal bail applications and committal proceedingsproceedings

Magistrates’ dutiesMagistrates’ duties Civil matters: enforcing of debts Civil matters: enforcing of debts

owed to the utilities (gas, electric owed to the utilities (gas, electric and water), non-payment of the and water), non-payment of the council tax and TV licencescouncil tax and TV licences

Criminal charges against young Criminal charges against young offendersoffenders

Family cases: orders for protection Family cases: orders for protection against violence, adoption ordersagainst violence, adoption orders

District Judge District Judge (Magistrates’ Court)(Magistrates’ Court)

A barrister or solicitor of not less A barrister or solicitor of not less than 7 years’ standing, appointed by than 7 years’ standing, appointed by the Lord Chancellor to sit in a the Lord Chancellor to sit in a Magistrates’ Court on a full-time Magistrates’ Court on a full-time salaried basis: formerly (before salaried basis: formerly (before 2000) called a stipendiary magistrate 2000) called a stipendiary magistrate

District Judge District Judge (Magistrates’ Court)(Magistrates’ Court)

Metropolitan district judges sit in Metropolitan district judges sit in magistrates’ courts for Inner London; magistrates’ courts for Inner London; other magistrates sit in large other magistrates sit in large provincial centresprovincial centres

District JudgeDistrict Judge(County courts)(County courts)

In the county courts, a judicial officer In the county courts, a judicial officer appointed by the Lord Chancellor appointed by the Lord Chancellor from solicitors or barristers of not from solicitors or barristers of not less than 7 years’ standing. less than 7 years’ standing.

Can try cases within a financial limit Can try cases within a financial limit defined by statute. defined by statute.

Part-time district judges- known as Part-time district judges- known as deputy district judgesdeputy district judges

RecorderRecorder A barrister or solicitor appointed as a A barrister or solicitor appointed as a

part-time judge. part-time judge. Agree to make themselves available Agree to make themselves available

regularly (for at least 4 weeks a year) regularly (for at least 4 weeks a year) Usually sit in the Crown Court but Usually sit in the Crown Court but

may sit in the county courts or the may sit in the county courts or the High CourtHigh Court

Circuit JudgeCircuit Judge Any of the judges appointed under Any of the judges appointed under

the provisions of the Courts Act of the provisions of the Courts Act of 1971 from among those who have 1971 from among those who have had a 10 year Crown Court or county had a 10 year Crown Court or county court advocacy qualification. court advocacy qualification.

They may, by invitation of the Lord They may, by invitation of the Lord Chancellor, sit as High Court judgesChancellor, sit as High Court judges

Circuit systemCircuit system The system of dividing England and The system of dividing England and

Wales into regional circuits for the Wales into regional circuits for the purpose of court administration. purpose of court administration.

Consists of the South-Eastern, Consists of the South-Eastern, Western, Midland and Oxford, Wales Western, Midland and Oxford, Wales and Chester, Northern and North-and Chester, Northern and North-Eastern circuitsEastern circuits

Lord Justice of AppealLord Justice of Appeal A judge of the Court of Appeal. A judge of the Court of Appeal. The Lord (and Lady) Justices are The Lord (and Lady) Justices are

normally appointed from those normally appointed from those holding the post of a High Court holding the post of a High Court judge or those with a 10-year High judge or those with a 10-year High Court qualification under the Courts Court qualification under the Courts and Legal Services Act 1990and Legal Services Act 1990

Lords of Appeal in Ordinary Lords of Appeal in Ordinary (Law Lords)(Law Lords)

Up to 12 persons, holders of high Up to 12 persons, holders of high judicial office or practising barristers judicial office or practising barristers of at least 15 years’ standing; of at least 15 years’ standing;

Under the Constitutional Reform Act Under the Constitutional Reform Act these functions transferred to a new these functions transferred to a new Supreme Court: the Law Lords- Supreme Court: the Law Lords- removed from the legislatureremoved from the legislature

Lord ChancellorLord Chancellor Traditionally, the head of the Traditionally, the head of the

judiciary, a government minister (in judiciary, a government minister (in charge of the Lord Chancellor’s charge of the Lord Chancellor’s Department, now the Department for Department, now the Department for Constitutional Affairs), and Speaker Constitutional Affairs), and Speaker of the House of Lords (the of the House of Lords (the Constitutional Reform Act 2005 Constitutional Reform Act 2005 devolved this function onto the Lord devolved this function onto the Lord Speaker)Speaker)

Judicial, executive, legislative Judicial, executive, legislative functionsfunctions

Lord ChancellorLord Chancellor Appoints magistrates and higher Appoints magistrates and higher

judicial officials; since 2005: Judicial judicial officials; since 2005: Judicial Appointments CommissionAppointments Commission

Appointed by the Prime MinisterAppointed by the Prime Minister Under the Constitutional Reform Act Under the Constitutional Reform Act

2005 his judicial functions 2005 his judicial functions transferred to the Lord Chief Justicetransferred to the Lord Chief Justice

Mandatory requirements for judicial Mandatory requirements for judicial officesoffices

An Act of Parliament lays down the An Act of Parliament lays down the mandatory requirements for most mandatory requirements for most judicial officesjudicial offices

Candidates must have practised as a Candidates must have practised as a lawyer or judge for a specified timelawyer or judge for a specified time

The hierarchical structure of the The hierarchical structure of the courts informs the process of courts informs the process of selection to the judiciaryselection to the judiciary

Judicial appointmentsJudicial appointments Experience gained as a judge in a Experience gained as a judge in a

lower court – one of the qualifications lower court – one of the qualifications for appointment to a higher courtfor appointment to a higher court

Senior appointments to the Court of Senior appointments to the Court of Appeal and the High Court – made by Appeal and the High Court – made by the Queen following the the Queen following the recommendation of the Prime recommendation of the Prime Minister, on the advice of the Lord Minister, on the advice of the Lord Chancellor (now:the Judicial Chancellor (now:the Judicial Appointments Commission)Appointments Commission)

Qualifications, selection and Qualifications, selection and appointment of judgesappointment of judges

CourtCourt JudgeJudge QualificatioQualificationn

RoleRole

Supreme Supreme CourtCourt

Lords of Lords of Appeal in Appeal in OrdinaryOrdinaryLaw LordsLaw Lords

15-year 15-year qualificationqualification

Appeals on Appeals on points of lawpoints of lawCivil and Civil and criminal casescriminal cases

Court of Court of AppealAppeal

Lord Justices Lord Justices of Appealof Appeal

10 year 10 year qualifictionqualifiction

Hear appealsHear appealsCriminal cases Criminal cases against against conviction conviction and/or sentenceand/or sentenceCivil cases on Civil cases on the finding the finding and/or amount and/or amount awardedawarded

High High CourtCourt

High Court High Court judges (puisne judges (puisne judges)judges)

10 year 10 year qualificationqualification

First instance First instance cases, some cases, some appeal workappeal work

Qualifications, selection and Qualifications, selection and appointment of judgesappointment of judges

CourtCourt JudgeJudge QualificatioQualificationn

RoleRole

Crown CourtCrown Court Circuit judgesCircuit judgesRecordersRecorders

10 year 10 year qualificationqualification

Try cases with Try cases with a jurya juryDecide the Decide the lawlawPass sentencePass sentence

County CourtCounty Court Circuit judgesCircuit judges

District judgesDistrict judges

10 year 10 year qualificationqualification7 year 7 year qualificationqualification

Civil cases – Civil cases – liability and liability and remedyremedySmall claimsSmall claims

Magistrates’ Magistrates’ CourtsCourts

District judgesDistrict judges 7 year 7 year qualificationqualification

Criminal cases Criminal cases – decide law – decide law and verdictand verdictPass sentencePass sentenceSome family Some family workwork

TitlesTitlesCourt,Court,ProfessionProfession

TitleTitle Form of Form of addressaddress

Queen’s Queen’s CounselCounsel

Peter Brown QCPeter Brown QC

Circuit judgeCircuit judge His Honour His Honour Judge Brown Judge Brown (QC)(QC)

Your HonourYour Honour

Court of AppealCourt of Appeal Lord Justice Lord Justice Brown, or The Brown, or The Right Right Honourable Sir Honourable Sir Peter BrownPeter Brown

My Lord, Your My Lord, Your LordshipLordship

Supreme CourtSupreme Court The Right The Right Honourable Lord Honourable Lord BrownBrown

My Lord, Your My Lord, Your LordshipLordship

Training of judgesTraining of judges The Judicial Studies Board (JSB) – The Judicial Studies Board (JSB) –

responsible for the training of judges, responsible for the training of judges, lay magistrates, and members of lay magistrates, and members of Tribunals in England and WalesTribunals in England and Wales

JSB organises: an induction course; JSB organises: an induction course; visits to penal establishments visits to penal establishments (prison); meetings with personnel (prison); meetings with personnel from the Probation Servicefrom the Probation Service

Training of judgesTraining of judges A period of sitting in on the Bench – A period of sitting in on the Bench –

the judge’s area of the Court – with a the judge’s area of the Court – with a Circuit JudgeCircuit Judge

In his first week of appointment - In his first week of appointment - supervised by a Circuit Judgesupervised by a Circuit Judge

Practical guidelines for judges – set Practical guidelines for judges – set out in Bench Booksout in Bench Books

Judicial qualitiesJudicial qualities Intellectual capacityIntellectual capacity Personal qualities including integrity, Personal qualities including integrity,

independence of mind, sound independence of mind, sound judgement, decisiveness, objectivity judgement, decisiveness, objectivity and willingness to learnand willingness to learn

Ability to understand and deal fairlyAbility to understand and deal fairly Authority and communication skillsAuthority and communication skills EfficiencyEfficiency

Security of tenure of superior Security of tenure of superior judgesjudges

Superior judges – security of tenure; Superior judges – security of tenure; cannot be dismissed by the Lord cannot be dismissed by the Lord Chancellor or the GovernmentChancellor or the Government

Hold office while of good behaviourHold office while of good behaviour Can only be removed by the Monarch Can only be removed by the Monarch

following a petition presented by following a petition presented by both Houses of Parliamentboth Houses of Parliament

Tenure of inferior judgesTenure of inferior judges Lord Chancellor has the power to Lord Chancellor has the power to

dismiss inferior judges for incapacity dismiss inferior judges for incapacity or misbehaviouror misbehaviour

Tenure of judgesTenure of judges

JudgesJudges CourtsCourts TenureTenureLaw LordsLaw Lords House of House of

LordsLords‘‘whilst of good whilst of good behaviour’behaviour’

Lords Justices Lords Justices of Appealof Appeal

Court of Court of AppealAppeal

‘‘whilst of good whilst of good behaviour’behaviour’

High Court High Court judges judges (puisne (puisne judges)judges)

High CourtHigh Court ‘‘whilst of good whilst of good behaviour’behaviour’

Tenure of judgesTenure of judgesJudgesJudges CourtsCourts TenureTenureCircuit judgesCircuit judges Crown CourtCrown Court

County CourtCounty CourtCan be Can be dismissed by dismissed by Lord ChancellorLord Chancellor

District judgesDistrict judges County CourtCounty CourtMagistrates’ Magistrates’ CourtCourt

Can be Can be dismissed by dismissed by Lord ChancellorLord Chancellor

RecordersRecorders Crown Court Crown Court (some in County (some in County Court)Court)

Appointed for 5 Appointed for 5 years; Lord years; Lord Chancellor can Chancellor can decide not to re-decide not to re-appointappoint

RetirementRetirement Judicial Pensions and Retirement Act Judicial Pensions and Retirement Act

1993: all judges have to retire at the 1993: all judges have to retire at the age of 70age of 70

Legal termsLegal terms Admiralty CourtAdmiralty Court Admiralski sud, Pomorski sudAdmiralski sud, Pomorski sud Commercial CourtCommercial Court Trgovački sudTrgovački sud Tort = civil wrongTort = civil wrong Građanski deliktGrađanski delikt Real propertyReal property nekretninenekretnine

Legal termsLegal terms TrustTrust Prijenos imovine na povjerenika, Prijenos imovine na povjerenika,

fiducijarni odnosfiducijarni odnos EstateEstate Ostavinska masaOstavinska masa ProbateProbate Sudska ovjera oporukeSudska ovjera oporuke

Legal termsLegal terms To reverse a decisionTo reverse a decision Preinačiti odlukuPreinačiti odluku Reversal of judgement = the alteration of Reversal of judgement = the alteration of

judgement on appealjudgement on appeal Preinaka presude; poništenje presudePreinaka presude; poništenje presude To uphold a decisionTo uphold a decision Potvrditi odluku (nižeg suda)Potvrditi odluku (nižeg suda) Leave to appealLeave to appeal Dopuštenje ulaganja žalbeDopuštenje ulaganja žalbe

Legal termsLegal terms MagistrateMagistrate Mirovni sudac, neplaćeni sudacMirovni sudac, neplaćeni sudac District judgeDistrict judge Okružni sudacOkružni sudac Circuit judgeCircuit judge Sudac koji sudi u različitim mjestima Sudac koji sudi u različitim mjestima

iste sudske oblastiiste sudske oblasti

Legal termsLegal terms RecorderRecorder Profesionalni sudac koji zasjeda s Profesionalni sudac koji zasjeda s

djelomičnim radnim vremenom na kaznenom djelomičnim radnim vremenom na kaznenom sudusudu

Puisne judgePuisne judge Sudac na Visokom sudu (High Court)Sudac na Visokom sudu (High Court) Lord ChancellorLord Chancellor Lord kancelar (obavlja poslove ministra Lord kancelar (obavlja poslove ministra

pravosuđa), ranije: predsjedavajući Gornjeg pravosuđa), ranije: predsjedavajući Gornjeg domadoma

Legal termsLegal terms Indictable offenceIndictable offence Teško kazneno djeloTeško kazneno djelo Criminal chargesCriminal charges optužnica za kazneno djelooptužnica za kazneno djelo Committal proceedingsCommittal proceedings Podizanje optužnice; postupak u Podizanje optužnice; postupak u

kojem Magistrates’Court odlučuje kojem Magistrates’Court odlučuje uputiti predmet na Crown Courtuputiti predmet na Crown Court

Legal termsLegal terms Bail applicationBail application Molba za određivanje jamčevineMolba za određivanje jamčevine SittingSitting Suđenje, ročište, raspravaSuđenje, ročište, rasprava The Bench and the BarThe Bench and the Bar Suci i odvjetniciSuci i odvjetnici To be on the BenchTo be on the Bench Biti sudacBiti sudac

The court structure: Exercise 1The court structure: Exercise 1 Complete the following:Complete the following: 1. Claims of lesser value will start in a ___. 1. Claims of lesser value will start in a ___.

There are 250 of these around the There are 250 of these around the country. They can also deal with divorce country. They can also deal with divorce and bankruptcy matters.and bankruptcy matters.

2. Matters of important legal dispute 2. Matters of important legal dispute arising in the Crown Court may be arising in the Crown Court may be appealed to the _____.appealed to the _____.

3. From the Court of Appeal, there can be 3. From the Court of Appeal, there can be an appeal to the ____on fact or law, but an appeal to the ____on fact or law, but usually appeal is only allowed on matters usually appeal is only allowed on matters of legal importance.of legal importance.

Exercise 1 (cont.)Exercise 1 (cont.) 4 If the case involves a serious crime, it is 4 If the case involves a serious crime, it is

heard in the ___ (there is only one____but it heard in the ___ (there is only one____but it has about 70 centres around the has about 70 centres around the jurisdiction).jurisdiction).

5. In less serious criminal cases (which 5. In less serious criminal cases (which comprise over 90% of criminal cases), the comprise over 90% of criminal cases), the case is sent for trial in one of over 400 ___.case is sent for trial in one of over 400 ___.

6. More substantial civil claims (over 6. More substantial civil claims (over ££25,000) are heard in the____.25,000) are heard in the____.

7. Under the system of appeals in civil 7. Under the system of appeals in civil cases, it is possible to appeal from a cases, it is possible to appeal from a County Court or the High Court to the____County Court or the High Court to the____

KeyKey Claims of lesser value will start in a Claims of lesser value will start in a County County

CourtCourt. There are 250 of these around the . There are 250 of these around the country. They can also deal with divorce and country. They can also deal with divorce and bankruptcy matters. Matters of important bankruptcy matters. Matters of important legal dispute arising in the Crown Court may legal dispute arising in the Crown Court may be appealed to the be appealed to the Court of Appeal Court of Appeal (Criminal Division).(Criminal Division). From the Court of From the Court of Appeal, there can be an appeal to the Appeal, there can be an appeal to the House House of Lordsof Lords on fact or law, but usually appeal is on fact or law, but usually appeal is only allowed on matters of legal importance.only allowed on matters of legal importance.

KeyKey If the case involves a serious crime, If the case involves a serious crime,

it is heard in the it is heard in the Crown CourtCrown Court (there (there is only one Central Criminal Court but is only one Central Criminal Court but it has about 70 centres around the it has about 70 centres around the jurisdiction). In less serious criminal jurisdiction). In less serious criminal cases (which comprise over 90% of cases (which comprise over 90% of criminal cases), the case is sent for criminal cases), the case is sent for trial in one of over 400 trial in one of over 400 Magistrates’ Magistrates’ CourtsCourts. .

KeyKey More substantial civil claims (over More substantial civil claims (over

L25,00) are heard in the L25,00) are heard in the High CourtHigh Court.. Under the system of appeals in civil Under the system of appeals in civil

cases, it is possible to appeal from a cases, it is possible to appeal from a County Court or the High Court to the County Court or the High Court to the Court of Appeal (Civil Division)Court of Appeal (Civil Division)

Fill in the missing words: Fill in the missing words: barrister, bench, clerk, barrister, bench, clerk, judiciary, judge, judgement, jury, president, judiciary, judge, judgement, jury, president,

prosecutor, recorderprosecutor, recorder The ___are perhaps the most prominent amongst The ___are perhaps the most prominent amongst

those involved in running the court. The largest those involved in running the court. The largest group of ___are___, ordinary citizens who are not group of ___are___, ordinary citizens who are not legal professionals but are appointed to ensure legal professionals but are appointed to ensure that the local community is involved in the that the local community is involved in the running of the legal system. They sit as a group running of the legal system. They sit as a group of three (as a ‘___’). Magistrates sit with a legally of three (as a ‘___’). Magistrates sit with a legally qualified___, who can advise on points of law. A qualified___, who can advise on points of law. A case is presented by the___, who takes over the case is presented by the___, who takes over the case from the police who have already charged case from the police who have already charged the defendant (or accused) with specified crimes.the defendant (or accused) with specified crimes.

barrister, bench, clerk, judiciary, judge, judgement, barrister, bench, clerk, judiciary, judge, judgement, jury, president, prosecutor, recorderjury, president, prosecutor, recorder

In the upper courts, the judges are In the upper courts, the judges are almost all former ____. But many almost all former ____. But many cases are also heard by ____ - part-cases are also heard by ____ - part-time barristers from private practice. time barristers from private practice. The Crown Court___ consists of 12 The Crown Court___ consists of 12 persons, aged 18 to 70.persons, aged 18 to 70.

Match Match the two parts of the sentences and complete the the two parts of the sentences and complete the gaps with the following words: gaps with the following words: appeal/appellate, claimant, appeal/appellate, claimant,

hear/try, tried/heardhear/try, tried/heard:: 1. The ___courts can 1. The ___courts can 2. An appellant must get2. An appellant must get 3. In a civil action, a___who has suffered3. In a civil action, a___who has suffered 4. Magistrates generally___cases of petty 4. Magistrates generally___cases of petty

crime ascrime as 5. Indictable offences are5. Indictable offences are

appeal/appellate, claimant, hear/try, appeal/appellate, claimant, hear/try, tried/heardtried/heard::

A) a court of first instanceA) a court of first instance B) normally___in the Crown CourtB) normally___in the Crown Court C) reverse or uphold decisions of C) reverse or uphold decisions of

lower courts.lower courts. D) harm or injury seeks a remedy.D) harm or injury seeks a remedy. E) leave to____before taking a case E) leave to____before taking a case

to a higher court.to a higher court.

The court system: Exercise 2The court system: Exercise 2

VerbVerb Noun – event Noun – event or actionor action

Noun - personNoun - person

sitsit 00

appealappeal

hearhear 00

trytry 00

claimclaim

Judges: ExerciseJudges: Exercise Match the judicial Match the judicial

offices in the box offices in the box with the required with the required qualifications qualifications below (1-4). Bear in below (1-4). Bear in mind the mind the hierarchical hierarchical structure of the structure of the courts.courts.

Lord of Appeal in Lord of Appeal in OrdinaryOrdinaryLord Justice of Lord Justice of AppealAppealCircuit JudgeCircuit JudgeDistrict Judge District Judge (Magistrates’ Court)(Magistrates’ Court)

Exercise (cont.)Exercise (cont.) 1. must have been qualified as a lawyer for at least 1. must have been qualified as a lawyer for at least

seven yearsseven years 2. must have been qualified for ten years, although 2. must have been qualified for ten years, although

three years’ service as a full-time District Judge is three years’ service as a full-time District Judge is allowedallowed

3. must have been qualified as a lawyer for at least 3. must have been qualified as a lawyer for at least 15 years and is usually drawn from judges in the 15 years and is usually drawn from judges in the Courts of Appeal in England, Wales, and Northern Courts of Appeal in England, Wales, and Northern Ireland, and in teh Court of Session in ScotlandIreland, and in teh Court of Session in Scotland

4. the statutory qualification is at least ten years in 4. the statutory qualification is at least ten years in the High Court as a lawyer and, in practice, to be a the High Court as a lawyer and, in practice, to be a High Court Judge. High Court Judge.

AnswersAnswers 1. District Judge (Magistrates’ Court)1. District Judge (Magistrates’ Court) 2. Circuit Judge2. Circuit Judge 3. Lord of Appeal in Ordinary3. Lord of Appeal in Ordinary 4. Lord Justice of Appeal4. Lord Justice of Appeal

Exercise 2Exercise 2 Complete the definitions with the following: Complete the definitions with the following:

the Bench, the judicial office, the the Bench, the judicial office, the judiciary, penal establishmentjudiciary, penal establishment

1.____ _____ - collective word for a group of 1.____ _____ - collective word for a group of judges and the name of the place where a judges and the name of the place where a judge sits in courtjudge sits in court

2. ___ ____- formal collective word for all the 2. ___ ____- formal collective word for all the judges in the legal systemjudges in the legal system

3. ___ ____ ____ - the specific post of a judge 3. ___ ____ ____ - the specific post of a judge (for example, a High Court Judge)(for example, a High Court Judge)

4. ___ ___ - place where people are held as a 4. ___ ___ - place where people are held as a punishment when convicted of an offencepunishment when convicted of an offence

The court system: additional The court system: additional informationinformation

www.courtservice.gov.uk www.lexadin.nl/wlg/courts/nofr/courts.htmwww.lexadin.nl/wlg/courts/nofr/courts.htm

Judges: additional informationJudges: additional information www.jsboard.co.uk www.dea.gov.uk/judicial www.judiciary.gov.ukwww.judiciary.gov.uk

ResearchResearch Look up the judicial website Look up the judicial website

www.judiciary.gov.uk

ResearchResearch 1. Look up the names of the judges in the 1. Look up the names of the judges in the

Supreme Court. Choose any two and look at Supreme Court. Choose any two and look at their biographies. Find out the following their biographies. Find out the following matters:matters:

A) Which school did they go to?A) Which school did they go to? B) At which university did they get their B) At which university did they get their

degree?degree? When did they first become a judge?When did they first become a judge? When did they become a judge in the House When did they become a judge in the House

of Lords?of Lords?

ResearchResearch 2. Find out how many woman judges 2. Find out how many woman judges

there are in the Court of Appeal.there are in the Court of Appeal. 3. Find out how many ethnic minority 3. Find out how many ethnic minority

judges there are in the High Court.judges there are in the High Court.