- Created by: NiamhEgypt
- Created on: 09-06-19 09:23
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.
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)
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.
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
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
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
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
Childrens Act 1989
-allows Magistrates to hear family cases (protection agaisnt violence, adoption orders and proceedings)
Criminal Justice Act 1972
-changes eligibility to serve as juror to be based on citizenship and the right to vote
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
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
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
Administration of Justice 1933
-limited role of juries
-banned use of juries in contract
County Courts Act 1984
- s66 outlines when a jury may be used in county court
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
Contempt of Courts Act 1981
-s8 says you may not talk to others about what you discussed in the jury room
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.
Criminal Procedures and Investigation Act 1996
-allows for retrial after the fact