Judiciary

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Describe the role of the judiciary in a civil case.
Judges in the High Court are Puisne and in the County are Circuit and District. In civil
cases a judge has an inquisitorial role, where they take an active part in proceedings.
This involves acting as a case manager: setting the timetable, give directions, etc. The
judge may also encourage the parties to use ADR (alternative dispute resolution). This
is an out of court settlement and could include negotiation (parties try to agree between
themselves), mediation or conciliation. The judge will hear trials, direct the jury (juries
are occasionally used in civil cases) and sum up the case. If D is liable they award
damages (compensation) to the claimant to compensate them for loss suffered. During
hearings a judge must keep order, ensure the rules of procedure are being observed,
and rule on the admissibility of evidence. The case is allocated to a track. A judge may
deal with the small claims track for claims of up to £5000 (County Court District Judge)
fast track for claims up to £15,000 (County Court Circuit Judge) multi track for claims
over £15,000 or complex cases (County or High Courts Circuit or Puisne Judges).
Judges work within natural justice which means they must remain completely impartial,
e.g. in Pinnochet the judgment could not stand because of the judge's interest in
Amnesty. Judges also declare the law through judicial precedent (following previous
decisions) and statutory interpretation (e.g. they may use the purposive approach to find
the reason for a law). They even create law through original precedent, e.g. Re A.
Judges ensure that laws are compatible with the Human Rights Act 1998 and they hear
Judicial Reviews in the High Court to review decisions from lower courts and by other
public bodies. They declare whether the decisions are lawful / correct. Finally, where the
civil case is an appeal, the judge in the higher court can uphold, amend or reverse the
decision of a lower court. An appeal may take place where one party is unhappy with a
decision or perhaps with the amount of damages that have been awarded.
Describe the role of the judiciary in a criminal case.
Judges in the Crown Court are Circuit Judges (e.g. robbery), Recorders (e.g. theft) or
Puisne Judges (e.g. murder). In the Magistrates Court, District Judges (e.g. assault)
and Magistrates hear cases. In criminal cases a judge has an adversarial role, acting
as a referee. They hear bail applications, mode of trial hearings, plea before venue,
plea and directions, etc. They hear trials, direct the jury and sum up. The judge will
explain complex legal issues to juries in words that they will understand (juries are not
legally qualified ­ `lay people'). If D is found guilty they pass sentence, e.g. fine, custody,
community order. During hearings a judge must keep order, ensure the rules of
procedure are being observed, rule on the admissibility of evidence, and give
directions.
Judges work within natural justice which means they must remain completely impartial,
e.g. in Pinnochet the judgment could not stand because of the judge's interest in
Amnesty. Judges also declare the law through judicial precedent (following previous
decisions) and statutory interpretation (e.g. they may use the purposive approach to find
the reason for a law). They even create law through original precedent, e.g. Re A.
Judges ensure that laws are compatible with the Human Rights Act 1998 and they hear
Judicial Reviews in the High Court to review decisions from lower courts and by other
public bodies. They declare whether the decisions are lawful / correct. Finally, where the

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An example of a criminal appeal may be where the
defendant has been sentenced and feels that the sentence passed is too harsh.
Describe the role of the judiciary in a criminal and civil case.
Judges work within natural justice which means they must remain completely impartial,
e.g. in Pinnochet the judgment could not stand because of the judge's interest in
Amnesty. Judges also declare the law through judicial precedent and statutory
interpretation. They even create law through original precedent, e.g. Re A.…read more

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The aim is to encourage diversity (Part 2 Tribunals, Courts & Enforcement Act
2007).
A Circuit Judge requires 10 or 7 years PLQE (depending on the position). Usually
candidates have experience practicing in either the Crown or County Court or have
been a Recorder or a District Judge. A District Judge requires 7 or 5 years PLQE. A
Recorder requires 10 or 7 years PLQE (depending on the position).
Describe the selection and appointment of superior judges.…read more

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The JSB
organises refresher seminars for both full and part time judges. These sessions cover
changes in the law and topics of current importance. These seminars are useful in
ensuring that judges are always `up to date'. Superior judges receive very little training
in comparison, as they are considered experienced because of the number of years
served in practice. So, most of the training is received by inferior judges. All Circuit
Judges and Recorders receive training on racial awareness.…read more

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Finally, judicial independence is shows as the Office of Judicial Complaints ensures
that a judge who does not adhere to the strict code of conduct is dealt with by them in a
consistent, fair and efficient manner.
Describe the ways in which a judge can be dismissed.
All judges must retire at 70 (Judicial Pensions & Retirement Act 1993).…read more

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