 starter activity What do judges do? Make a list of as many roles of judges as you can think of.

Why do we have judges? Identify the different functions that judges perform. Understand the structure of the judicial system in Britain Assess the independence of the judiciary.  Aims

 Your task Your teacher will give you a list of key words relating to the judiciary. Match each word to a definition. Your teacher will give you a list of key words relating to the judiciary. Match each word to a definition.

 Your task Read Watts, p and make a list of the key functions of the judiciary. Read Watts, p and make a list of the key functions of the judiciary. Can you create a mnemonic that will help you remember all the functions? Can you create a mnemonic that will help you remember all the functions?

Functions Criminal trials Criminal trials Sentencing Sentencing Civil disputes Civil disputes Uphold will of the legislature (rule of law) Uphold will of the legislature (rule of law) Judicial review Judicial review Enquiries Enquiries HoL HoL Lord Philips, Lord Chief Justice

Widening role of judges Volume of legislation Increasing complexity of govt. Growing prominence of rights cases, e.g. HRA (1998) Growth in litigation Moral / ethical issues increasingly delegated to courts How new is the litigation culture

 Your task Read Watts and complete the chart your teacher provides. Read Watts and complete the chart your teacher provides.

Magistrates’ courts 98% of criminal cases 98% of criminal cases 700 courts in England & Wales 700 courts in England & Wales Presided over by lay-magistrates or ‘JPs’ (Justices of the Peace Presided over by lay-magistrates or ‘JPs’ (Justices of the Peace 28,500 JPs (May 2004, 49% women) 28,500 JPs (May 2004, 49% women) Assisted by District Magistrates (legally qualified, full-time judges) (May 2004, 20 out of 103 women) Assisted by District Magistrates (legally qualified, full-time judges) (May 2004, 20 out of 103 women)

Crown Court 94 Crown Court centres – e.g. Old Bailey, London 94 Crown Court centres – e.g. Old Bailey, London Serious criminal cases Serious criminal cases No jury unless defendant pleads ‘not guilty’ No jury unless defendant pleads ‘not guilty’ Cases heard by High Court Judges, Circuit Judges, Recorders) Cases heard by High Court Judges, Circuit Judges, Recorders)

County Courts 270 County Courts 270 County Courts Presided over by Circuit or District Judges Presided over by Circuit or District Judges Judgements on disputed contracts with a value of less than £5,000; repossessions, siputes between tenants & landlords, wills & matrimonial matters Judgements on disputed contracts with a value of less than £5,000; repossessions, siputes between tenants & landlords, wills & matrimonial matters Appeals or complex cases referred to High Court of Appeal Appeals or complex cases referred to High Court of Appeal

Court of Appeal Presided over by 2 or 3 Lord Justices of Appeal (36 in total) Presided over by 2 or 3 Lord Justices of Appeal (36 in total) Cases referred due to flawed evidence or cases where accused is later found to be innocent Cases referred due to flawed evidence or cases where accused is later found to be innocent Since 1997, Criminal Cases Review Commission (CCRC) has taken over power to decide which cases go to Appeal from Home Office Since 1997, Criminal Cases Review Commission (CCRC) has taken over power to decide which cases go to Appeal from Home Office Appeal courts acquit or order a retrial Appeal courts acquit or order a retrial Home Secretary can recommend a pardon Home Secretary can recommend a pardon

House of Lords / Supreme Court Presided over by 5 Law Lords (12 in total, including 2 Scottish members) Presided over by 5 Law Lords (12 in total, including 2 Scottish members) Sit in committee room, don’t wear wigs or robes Sit in committee room, don’t wear wigs or robes Vote on whether to accept or dismiss an appeal Vote on whether to accept or dismiss an appeal Around 1,500 appeals every year Around 1,500 appeals every year

European Court of Justice Highest court of European Union Highest court of European Union Located in Luxembourg Located in Luxembourg Judgements override those of HoL Judgements override those of HoL Also: European Court of Human Rights (Strasbourg) has a specific remit to interpret & enforce European Convention on Human Rights Also: European Court of Human Rights (Strasbourg) has a specific remit to interpret & enforce European Convention on Human Rights

 Your task Read Watts p.168. How is the independence of the judiciary protected? Read Watts p.168. How is the independence of the judiciary protected?

Independence of judiciary Use of juries in certain criminal & civil cases Use of juries in certain criminal & civil cases Fair & rigorous selection process Fair & rigorous selection process Security of tenure Security of tenure Political neutrality Political neutrality Judges’ remarks or not subjected to parliamentary criticism Judges’ remarks or not subjected to parliamentary criticism Immunity from laws of defamation Immunity from laws of defamation Fixed salaries Fixed salaries