1. Lecturer: Miljen Matijašević G10, room 6/I, Tue 15:30-16:30 e-mail: miljen.matijasevic@gmail.commiljen.matijasevic@gmail.com Session 5, 7 Nov 2014

2. 1. Revision of the last session 2. The British Judiciary

4. 1. What are the executive bodies in the UK? 2. What are the parts of the British Parliament? 3. What do you know about: ◦ the House of Commons, and ◦ the House of Lords? 4. What do you know about Parliamentary elections?

5. 5. Describe the legislative procedure in the British Parliament. 6. What is the Queen's role in Parliament? 7. What is a Bill? What types do you know? 8. Which House has more power - the Commons or the Lords? What is that power?

6. Unit 4

7. The Court System of England and Wales

9. LOWER CIVIL COURTS: ◦ county courts LOWER CRIMINAL COURTS: 1. magistrates’ courts

10. HIGH COURTS – the Supreme Court of Judicature 1. The Supreme Court of the UK  highest court of appeal (appeals from the CA of exceptionally the HCJ) 2. The Court of Appeal  Civil and criminal divisions 3. The High Court of Justice i.Queen’s Bench division ii.Chancery Division iii.Family Division  Complex civil cases, appeals from the Crown court and county courts

11. Civil Courts The Supreme Court of the UK - The Supreme Court of the UK - highest court of appeal (appeals from the CA of exceptionally the HCJ) The Court of Appeal - The Court of Appeal - appeals from the High Court or county courts The High Court of Justice – The High Court of Justice – first instance for complex cases, specialist divisions (family law, administrative law, commercial law, etc.), also second instance County courts – County courts – first-instance court for most civil cases of low or medium complexity

12. Criminal Courts The Supreme Court of the UK - The Supreme Court of the UK - highest court of appeal The Court of Appeal - The Court of Appeal - appeals from the Crown Court on points of law or the verdict Divisional Court of the Queen’s Bench Division (HCJ) – Divisional Court of the Queen’s Bench Division (HCJ) – criminal appeals from the Crown Court or magistrates’ courts on points of procedure Crown Courts – Crown Courts – first-instance court for serious crimes Magistrates’ courts – Magistrates’ courts – first-instance court for summary offences (petty crimes)

13.  Judges have different titles, according to experience and type of court they sit in  Justices of the Supreme Court  Lord Justices of Appeal (CA)  puisne judges /pju:ni/ (judges of the HCJ, other than the presidents)  circuit judges  recorders  district judges  Justices of the Peace (magistrates)

14.  circuit judges, district judges, recorders  circuit judges, district judges, recorders – drawn from the ranks of solicitors or barristers with varying years of standing (minimum 10)

15.  Justices of the Peace  Justices of the Peace (magistrates)  lay, unpaid judges – established members of the local community  usually sit in groups of 2 or 3  advised by a clerk  TREND: tend to be replaced by district judges (professionals)

16.  The only judicial authorities above the Supreme Court of the UK are : Court of Justice of the European Union,  the Court of Justice of the European Union, and European Court of Human Rights  the European Court of Human Rights

17. tribunals  The court system also includes tribunals – specialized courts dealing with certain areas (e.g. employment, immigration, technical and scientific areas)  In addition to legal professionals, judges sitting in tribunals are established specialists in pertinent areas

18.  The Supreme Court of the UK started work on 1 October 2009 (Constitutional Reforms Act 2005)  Before these reforms, the highest court of appeal was the (Appellate Committee of the) House of Lords (HL)

19.  There were 12 Lords of Appeal in Ordinary (a.k.a. the Law Lords), sitting as peers in the HL and hearing appeals as the last instance in the country (a mix of judicial and legislative roles)  Today: Justices of the Supreme Court – completely independent from Parliament

20.  until 2005 this function was present in all 3 branches of power ◦ The minister of justice (executive) ◦ Head of the Appellate Committee of the House of Lords (judiciary) ◦ Speaker of the House of Lords (legislative) ◦ Responsible for judicial appointments

21. Constitutional Reform Act 2005 Constitutional Reform Act 2005 – redefines and reduces the role of the Lord Chancellor, and extends the role of the Lord Chief Justice, also constitutes the Supreme Court of the UK, removing the judicial function of the House of Lords

22. The Lord Chancellor  Today the Minister of Justice (sits in the Cabinet) and a Member of Parliament  No longer has the power to appoint judges  No longer the Speaker of the House of Lords

23. The Lord Chief Justice  Head of the judiciary for England and Wales – represents the judiciary before the Government and Parliament  Makes decisions regarding the organisation of courts, distribution of work, allocation of funds, and training provided to judicial staff  Presides over the Criminal Division of the Court of Appeal

24. Constitutional Reform Act 2005 Judicial Appointments Commission  An independent body  Took over the task of judicial appointments, formerly performed by the Lord Chancellor

25. first-instance court appellate court Justices of the Peace (magistrates) circuit judges district judges recorders puisne judges Judicial Appointments Committee Lord Justices of Appeal Justices of the Supreme Court tribunals Lord Chief Justice Lord Chancellor

27. The Judicial Appointments Commission is responsible for selecting judges in England and Wales. It is a non-departmental public body which was created on 3 April 2006 as part of the reforms following the Constitutional Reform Act 2005. It took over a responsibility previously held by the Lord Chancellor and the Department for Constitutional Affairs, although the Lord Chancellor retains responsibility for appointing the selected candidates. The Lord Chancellor has also given up his other judicial functions, including the right to sit as a judge in the House of Lords.

28. Povjerenstvo za sudačka imenovanja odgovorno je za odabir sudaca u Engleskoj i Walesu. To nezavisno javno tijelo osnovano je 3. travnja 2006. u sklopu reformi koje su uslijedile nakon usvajanja Zakona o ustavnoj reformi 2005. Preuzelo je jednu od zadaća Lorda kancelara i Ministarstva za ustavne poslove, iako Lord kancelar i dalje obavlja imenovanja odabranih kandidata. Lord kancelar također se odrekao ostalih sudačkih dužnosti, kao što je pravo na sudjelovanje u sudbenoj funkciji Doma lordova.

29. Thank you for your attention!