Legal Personnel Judges, Magistrates, Barristers and Solicitors

Judges - Revision Independence- fundamental principle of rule of law. Separation of powers. Judicial Review. Human Rights Act 1998 Section 4 – declaration of incompatibility. A and X and Others v Secretary of State for the Home Department 2004.

Hierarchy Head of Judiciary (Lord Chief Justice) Justices of the Supreme Court (CRA 2005) Lord and Lady Justices of appeal-37 Head of criminal division – Lord Chief Justice Head of Civil division – Master of the Rolls High court – 107 Circuit judges- Crown and County District judges Crown and Magistrates Recorder – County and Crown

Lord Chancellor Role has existed for over 1,400 years. CRA 2005 made changes to role. What was the old role of the Lord Chancellor and what is the new role? What was the old appointments procedure and what is the new procedure?

Tribunals, Courts and Enforcement Act 2007 – eligibility to become a judge no longer based on number of years of rights of audience but now on number of years post qualification experience. What do other countries do? France? US?

Training, dismissal;, promotion and termination. Organised by Judicial Studies Board. One –week residential course. One week sitting alongside an experienced judge Refresher courses and seminars e.g passing of HRA 1998.

Dismissal High Court and above -Act of settlement 1701, Courts Act 1971 and CRA Suspension Resignation Retirement (usually at 70) Removal due to infirmity. Sir Jonah Barrington removed from high court in 1830.

Promotion No formal system of promotion. Any promotion dealt with by the JAC.

Independence Impartiality and fair trial. Independent from executive, interest groups, litigants. Independent pay review No other paid employment Re Pinochet (1999) Threats to independence from – Supremacy of parliament Judges have been seen to show political bias – R v Ponting (1985) Bromley v London Council (1982) Bias against women

Criticisms Mostly white male attended public school- Oxford and Cambridge University. Limited Training Lack of Specialisation

Reforms Further reform the appointment process -Governments consultation paper 2007 – ‘Constitutional Reform: A new way of appointing Judges’. Increase Training Improve organisation of court hours

Role of Supreme Court and reasons for establishment CRA 2005 Impact of Supreme Court decisions will extend far beyond the parties involved in any given case, shaping society and affecting our everyday lives’ How many years experience must you have to apply for this position?

Past Paper Questions Explain the role of the Supreme Court. Explain the significance of Judges in terms of them being representative of society. Evaluate the way in which judges are appointed. Explain the reasons for the establishment of the Supreme Court. Evaluate the role the House of Lords has played in the legal system of England and Wales. Explain the significance of Judges in terms of them being representative of society.

Magistrates Magistrate/Justice of the Peace established by the Justices of the Peace Act Lay people District Judge Volunteering as a magistrate is seen as a way of giving something back to the community and gaining valuable skills Governed by the Justices of the Peace Act 1997 and Courts Act 2003.

Role 26 half days a year. Employer is required by law to allow employee reasonable time off to act as magistrate. This time off does not have to be paid, although some employers will allow paid time off. If a magistrate suffers loss of earnings they can claim set rate for this loss. Expenses are also paid. 6 key qualities.

Approximately 30,000 lay magistrates. Cases in Magistrates are usually held by panel of 3 called the bench supported by legally qualified justices clerk/legal advisor. Summary Civil – granting Triable either way licences – Indictable often dealt with Jurisdiction by LA now. 95% Council tax Bail applications some family. Warrants Youth court

Appointment LAC Advertised miles – nationally (Courts Act 2003) Certain individuals are excluded???

Training Magistrates are rarely from legal background, they receive mandatory training. Judicial Studies Board at local level responsibility of Magistrates Association and Justices Clerk Society. Look at training in textbook pg.58

Background There is an argument that magistrates do not represent people they serve. Face similar criticisms to the judiciary in that they are ‘Middle-class’, ‘middle-minded and ‘middle-aged’. Why might this be the case?? Magistrates are generally even balanced in terms of gender 49% women 51%men 6% ethnic minority com[pared to 7.9% of population.

Advantages and Disadvantages Look at pg.59 in textbook.

Reforms Increase role of Clerk Replace lay magistrates with professional judges Increase representation of magistrates. Government issued a White Paper, Supporting Magistrates’ Courts to Provide Justice,to encourage recruitment of younger and working class magistrates

Questions Explain the appointment process of lay magistrates. Evaluate the advantages and disadvantages of the lay magistracy in the administration of justice in England and Wales.

The Legal Profession Go to quiz on Barristers and Solicitors