Key Statutes

These are some of the statutes that contain important information about the legal system. I plan to add to this list throughout my AS/AL course. It is qutie incomplete currently.

Crime and Courts act 2013

-transferred the LC's power over inferior judges to the LCJ

-removed the power in the CRA2005 that entitles the LC to decline judicial reccommendations or ask the JAC to reconsider with a written report of reasons why (s29) [This is now given in secindary legislation s94C of the CRA.] Benefit of this is that they can revoke power without needing a new statute.

-allowed the LCJ to delegate power to the Senior Presiding Judge (SPJ) in order that he would select candidates for magistrates from the list given by the Local Advisory Committees. 

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Constitutional Reform Act 2005

-major reforms to the Lord Chancellor role:

  • Lord Chancellor cannot dismiss Supreme Court judges. He still may discharge inferior judges for misconduct or incapacity if the LCJ agrees
  • no longer speaker of the house
  • may be an MP instead of a Lord
  • the head of the judiciary is now the Lord Chief Justice (LCJ) 
  • Judicial appointment is now the role of the Judicial Appointments Commissions

-HOWEVER, s1 states this act does not remove the LC's role to uphold the rule of law

-Part 3 gives procedure for selecting Supreme Court Judge.

-s3 says that those working in the government must uphold the independence of the jury. 

-removes law that states that a judge has to have been a lawyer

-Senior court judges cannot be dismissed by LC or government. (same rule for other senior judges in Senior Courts Act)

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Courts and Legal Services Act 1990

-anyone with legal advocacy qualification may apply to senior judiciary (not only barristers.)

-removed need to have practiced as lawyer to become judge. Accademic lawyers eligible. 

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Tribunals, Courts and Enforcement Act 2007

-allows CILEX, registered patent attorneys and trade market attorneys to apply to low-level judicial positions. 

-experience not limited to practicing or teaching law (arbitrating, advising, legal documents now recognised

-prior experience for high level from 10 to 7; low level judicial position form 7 to 5

-

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Senior Courts Act 1981

-High Court judges and CoA judges cannot be dismissed by LC or Gov (same rule for Senior courts found in CRA05)

-s69 outlines how juries may be used in High Court

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Prosecution of Offences Act 1986

-enacted because of a suggestion from the Phillips Commission (along with PACE) to provide an independant body to prosecute on behalf of state.

-sets up the CPS

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Justices of Peace Act 1979

-s 16(3) allows a District judge to sit alone in a Magistrate's court

-s28(3) outlines that the clerk in Magistrate's courts should advise without interfering

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Childrens Act 1989

-allows Magistrates to hear family cases (protection agaisnt violence, adoption orders and proceedings)

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Criminal Justice Act 1972

-changes eligibility to serve as juror to be based on citizenship and the right to vote

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Juries Act 1974

-sets out basic qualifications for jurors:

  • 18th-76th birthday
  • registered voter
  • ordinarily resident

- s9B(2) clarifies that a blind juror is only disqualified if it presents them acting effectively

-s5 allows challenges to the array of the jury

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Criminal Justice and Public Order Act 1994

-s41 adds s9B(2) to the Juries Act 1974 to say that  a blind juror is only disqualified if it presents them acting effectively

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Criminal Justice Act 2003

-abolished the condition preventing judges to sit as jurors

-s44 allows the prosecution to request a trial by jury alone when there has been an attempt to nobble the jury

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Administration of Justice 1933

-limited role of juries

-banned use of juries in contract

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County Courts Act 1984

- s66 outlines when a jury may be used in county court

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Criminal Justice and Courts Act 2015

-makes it an offence to try and find out what was discussed between the jurors when they retired. 

-may disclose info about what was discussed in the interest of justice to allow investigation into juror misconduct

-illegal to do own research as a juror and ililegal to disclose this information to another

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Contempt of Courts Act 1981

-s8 says you may not talk to others about what you discussed in the jury room

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Domestic Violence, Crime and Victims Act 2004

- in complicated fraud cases if there are many counts on the indictment the jury can try a sample and if they prosecute, the judge can hear the remainder alone.

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Criminal Procedures and Investigation Act 1996

-allows for retrial after the fact

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