Exam Challenge:Describe how it is decided in which court a criminal trial of an adult offender will be heard.  18 minutes Area of the law to include?
Mark Scheme:Highlight the levels which you have achieved on this question. Level First Part: Second Part: Types of Offences Pre-trial procedures 4 Identifies all three types of 8-9 Full explanation of the mode of trial 8-9 offences, the court(s) in which procedure, including the plea, plea they are heard, and gives an before venue and the role of the example of each. Magistrates. 3 Identifies at least two types of 6-7 Adequate explanation of the mode of 6-7 offences, the court(s) in which trial procedure, which may mention they are heard, and give an some combination of the plea/plea example before venue/Magistrates 2 Identifies at least one type of 3-5 Limited explanation of the mode of 3-5 offence, the court(s) in which trial procedure, which may have they are heard and gives an significant gaps but shows some example understanding of the procedure 1 Begins to identify at least one 1-2 Very limited explanation of the mode 1-2 type of offence/court or of trial procedure or plea before example venue, which shows significant gaps in knowledge.
Mock Feedback Answer the question asked, not the question you want to seeMarking annotations: Do not just copy from the source = incorrect Include a clear example and LTS in question B = irrelvant European Communities Act 1972 C = case 5 points well explained and V = vague illustratedLTS = link to source Four well discussed points( ) = sort of Illustrate and explain your points Revise Dangerous Dogs Act 1991 ARGHH!
Separation of Powers No one branch to have all the power Each should check and balance the power of the others AO2 Thinking: Can you think of any problems in our system with this so far?
What are those checks and balances? Check Which branch is Which branch is checked? doing the checking? Parliamentary legislation is supreme Judicial Review of Government’s decisions Vote of no confidence Lord Chancellor may object to the selection of judges Members of the army cannot sit in the House of Commons
What problems still remain... Remember: our system has developed over time... And so isn’t a perfect one!The government also sit in Parliament – either as MPs or in the House of LordsThe government tend to have a large majority, and so can pass any Acts they wishThe budget for the courts is also that for the prisons and is controlled by the Ministryof JusticeThe courts can issue a declaration of incompatibility under the Human Rights Act 1998and even declare a national act invalid if it conflicts with EU law.Most of the legislation is done through delegated legislation (orders in council, statutoryinstruments etc.)Judges can create new precedent e.g. Re A or R v R 1991Judges can use the purposive approach to give effect to the ‘spirit of the law’.
Constitutional Reform Act 2005 Two problems solved(ish) Extension: Have the problems really been solved?
Judges Look at the following names of judges… can you put them in order of seniority? Extn: Can you identify the court(s) in which they sit? Supreme Supreme CourtCircuit Judges Superior Judges Court Justices High Court Lord Justices Court of Appeal Judges of Appeal High Court High court (or Recorders Judges Court of Appeal)District Judges Crown and/or Inferior Judges Circuit Judges (MC) County courts Supreme Crown and/or RecordersCourt Justices County courtsDistrict Judges District Judges County CourtLord Justices District Judges Magistrates Court of Appeal (MC)
Let’s start at the top Supreme Court Justices12 (sit in panels of 5,7 or 9) “Lord… Qualification?Using everything that you have learnt over the “high judicial office” year… what is their role in the UK Legal OR system? Senior Court Qualification for at least 15 years What’s wrong with the photo?
Lord Justices of Appeal What can you tell me about the work of the CA? Qualified lawyer with at least 7 years rights of audience in supreme courts; or Existing High Master of the Rolls (Civil) Court Judge Lord Chief Justice (Criminal)
Settler: What’s the word? RSuperior Inferior Court of first instance Appellate Supreme Court
Now, before we begin...Separation of Powers Dominoes
High Court Judge Sit in one of three divisions... Or the CC... Or the CA... What are they?What can you tell me about the work of the HCJ? Civil Criminal Qualified lawyer with at least 7 years right s of audience in HC; or Circuit Judge for at least 2 years
Circuit JudgesSit in the orIn civil cases they sit a jury and decidewhether C has proved his case or not and decideon the remedy which may include . Qualified lawyer with at least 7 years rights of audience;In a criminal case they sit a jury. The Orjudge decides all matters of and afterconviction they also decide on the . Experience as a recorder, district judge or tribunal judge
RecordersThey are part-timersThey are fee-paid rather than salarySit mostly in the Crown Court and hearfairly straightforward crime cases.Some sit in the civil or family courts aswell.They are required to sit for between 15and 30 days every year with at least oneten-day continuous period. Theappointment is for an initial five-yearperiod, extendible for furthersuccessive five year terms up to theretirement age of 65. Qualified lawyer for at least 7 years experience Generally is a recorder-in-training first for 2-3 years AO2 Linking:What advantages are there for a practising lawyerto become a recorder rather than full-time judge?
District Judges Type One: Type Two: Magistrates Court … err normal type!Alternative to: Their work involves: dealing with civil disputes such as personal injury cases, claims for damages and injunctions Many district judges will also deal withPowers: bankruptcy petitions, as well as the winding up of insolvent companies. They will also deal with small claims. They sit in the County Courts Qualified lawyer for at least 5 years (rights of audience); or Been a Deputy District Judges*
An alternative qualification? “To try and broaden the people applying to be judges” (so they’re not all old white men!) they have broadened the qualification Tribunals, Court and Enforcement Act 2007. This aims to widen those who can become judges, for example, by getting providing an alternative to the rights of audience qualification, and reducing the amount of experience from 7 to 5 years (or 10-7) The new ‘judicial-appointment eligibility condition’.You will have to show that:you have possessed a relevant legal qualification;for the requisite period; andthat whilst holding that qualification you have been gaining legal experience.
Snowball thinking...You all have a piece of A5 paper with the questions below on it. You have 2 minutes to comment on the questions. Then screw it up and throw! Do we need an alternative to the other qualifications? Why should a judge have to have practised as a lawyer first? Which type of judges do you think it applies to? Should we expand it further? Why might it broaden the type of people applying to be a judge?
So when I’m a judge.. What training do I get? “The Judicial College ensures that high quality training is provided to enable judicial office- holders to carry out their duties effectively and in a way which preserves judicial independence and supports public confidence in the justice system” The Judicial Colleges activities fall under three main headings: Initial training for new judicial office-holders and those who take on new responsibilities. Continuing professional education to develop the skills and knowledge of existing judicial office-holders. Delivering change and modernisation by identifying training needs and providing training programmes to support major changes to legislation and the administration of justice. What does the college think about itself?http://martinpartington.com/2012/03/02/educating-judges-the-judicial-college-interview-with-lady-justice-hallett/
The Selection Process “Appoint on merit, with aim of encouraging diversity.” Recommend to Advertisment & Consulation Lord Chancellor Application LCJ Who put forward and Good character why?Qualities and abilities Person with experience ofReferences (not all your postchoice!) Paper sift or Selection Day Qualifying test Interviews Are you suitable? Do you May includehave the skills? situational questioning analysing case Evidence of qualities Role play Aiming for the topstudies, identifying issues “Joined up thinking”and applying the law. How might this approach affect the theory of separation of powers?
What qualities do you need to be a judge? Use what you know about judges to explain why these qualities are essential to a judge.1. Intellectual capacity2. Personal qualities• Integrity and independence of mind• Sound judgement• Decisiveness• Objectivity• Ability and willingness to learn anddevelop professionally• Ability to work constructively withothers.3. An ability to understand and dealfairly4. Authority and communication skills5. Efficiency
Could you be a judge? This is a sample from a district judge testSCENARIO A – CHARLIECharlie appears before the Court charged with common assault on his partner Tracey. Tracey and Charlie had beenliving together for three years. That evening Tracey was at home with their two year old daughter Amy, when Charliecame back from the pub. He had forgotten his key and began banging on the front door with such force that hecracked the glass panel. He demanded to be let in and called Tracey a “fat slag” and saying it was his flat and sheshould let him in. Fearful that he would completely wreck the door, Tracey left Amy on the settee and opened thedoor, whereupon Charlie pushed her back into the lounge and held her against a wall by her throat. He said that hehad heard from his mates in the pub that she had been going with another man and he was going to teach her alesson. Alerted by the screams of Amy, a neighbour came round and Charlie ran from the flat.The Police are called and take photographs of the damaged door and of red marks to Traceys neck. Tracey then goeswith a police officer for a drive around the area where she picks Charlie out. He is arrested and taken to the PoliceStation where he makes a no comment interview. Tracey makes a statement. The police crime report indicated thatthere have been three previous complaints by Tracey alleging assaults on her by Charlie. These have resulted in nofurther action as she has not wished to press charges. You convict Charlie who loudly protests his innocence in court and abuses you and Tracey. Question 9 What are the significant factors affecting sentencing? Would you adjourn for a report? What sentence would you impose? Give reasons.
What about the Supreme Court? The two appointments were made by the Queen at the recommendation of the prime minister and lord chancellor, following the recommendation of an independent selection commission. The commission consulted across each of the supreme courts three UK jurisdictions. Lord Phillips, the president of the supreme court, said: "I am very pleased to welcome these appointments. The independent selection commission considered a strong field of candidates who applied following open advertisement of the vacancies. "Lord Justice Wilson will prove a valuable asset to this court as another judge with a family law background, whose skill and knowledge has shone through all his judgments at the court of appeal for England and Wales. "Jonathan Sumption is widely acknowledged to be one of this countrys leading advocates. He has demonstrated incisive intellectual rigour throughout his years as a barrister. "These appointments reflect the fact that the pool of legal talent from which the highest court in the land can draw was deliberately widened by parliament when it created the supreme court. I am very much looking forward to workingThere is a similar approach to the heads alongside two new justices of such considerable calibre." of division and CA judges (except that goes to LC not PM)
Has JAC worked? Last three appointments (and the shortlist!) to the Supreme Court all white male barristers.“Since 1998 there has been gradual but slowprogress in the percentage of women and Job-sharing?Black, Asian and Minority Ethnic (BAME)members of the judiciary. The latest An alternative career path?published figures for April 2011 indicatesthat the percentage of women within the Who’s at university?courts based judiciary has increased to22.3%, while 5.1% were BAME.4 Within themost senior courts judiciary (High Court andabove) the percentage of women is 13.7%, Student thinking:while the percentage of BAME is 3.1%. This Read the articles and write acompares with most recent estimates of response…women representing around 51% of thepopulation and BAME groups representing Plus once you have read the articles,12% of the population.” decide what you think the strongest two argument is, put it on a post-it and pop it on the board. Stretching yourself: Thinking back to the start of the course... Where else has race and gender affected law? How does this compare?
STOP! Time for a checkHow good is your understanding? Analyse whether the TCE 2007 has made an effective A change to the qualifications necessary to be a judge. B Evaluate whether the current make-up of the judiciary properly reflect society? C Describe the civil jurisdiction of the High Court Identify one problem with the current operation of D separation of powers Identify the three areas a democracy should be divided E into.
How do we get rid of them? “Security of tenure through good behaviour” Can we ‘sack’ a judge?Removal due to Inferior: Courts Act 1971 infirmity Superior: Acts of Settlement 1700 Retirement Resignation
Lord Chancellor and Lord Chief Justice are in charge of disciplining the judiciary What can Reprimand Removal from they do? Office Resign during Guidance Issued Formal Warning investigation Additional Formal Advice Suspension Training
Judicial IndependenceThis is the theory that a judge should be free tomake the best decision onthe facts and law of the case, free from outside Institutional pressure. independence It links strongly to Separation of Powers Thinking…Why do judges need this Decisionalindependence? independenceCan you think of any evidencefrom the other areas we havelooked at that they have it?
Do these protect or challenge our judges’ independence? Area Protect or How and Why? ChallengeArt 6 of the ECHR says that a trial must be able in an “independent andimpartial *court+”The Ministry of Justice’s budget covers both the courts and the prisonsJudges have absolute immunity from being sued following Sirros v MooreJudges cannot be members of a political party or the House of CommonsJudges have security of tenure (means that they can keep their jobs so long asthey don’t commit a criminal offence)The Constitutional Reform Act 2005 explicitly says that the government is notallowed to influence the judgesJudges’ salaries come from an independent consolidated fundJudges may have ambition and want to be promotedMembers of the Supreme Court cannot sit in the House of LordsJudges are often asked to undertake inquiries into decisions or actions whichmay involve the government e.g. the Hutton inquiry into the death of Dr Kellyor the Leveson inquiryEven if they are not members of a political party, they may still be members ofinterest groups e.g. Amnesty International
Consolidation:Do we have judicial independence? You are going to write two paragraphs… One arguing we do and one arguing we don’t. Mock feedback Remember to include detail and development in your argument!
Approaching an exam question… A slightly different idea!Describe the theory of the separation of powers using examples to illustrate youranswer.  What can you tell me about how to answer this? Plan:
Discuss why the theory of the separation of powers is important to judicialindependence.  What can you tell me about how to answer this?Plan: Now you have 30 minutes… Write it up!
PART A Mark Scheme Highlight the level you think your work has hitLevel Separation of How it works My Assessment: Powers A = something you haveFour All three are well Student clearly explains at done amazingly explained and defined, least three checks in with clearly described detail, which are clearly examples included. described with examplesThree At least two are clearly Student clearly explains at B= something that could explained, though the least one check and refers be better exact details may be vague to at least two or three on the third, or it may lack others with some an example. description.Two Either only one of the Student refers to some of areas is clearly explained, the checks, but they are C = how confident are or the explanation is vague vague, or only a couple in you in the skills required number. to be successful in the Has listed the three areas, Student may have referred question.One but no explanation to ‘checks and balances’ but lacks any detail
PART B Mark Scheme Highlight the level you think your work has hit This is slightly different My Assessment:0 Any statements or ‘bald points’ A = something you have done amazingly1 Point + reason =12 Point + reason + illustration/more detail – 2 B= something that could Point + reason + illustration/more detail + be better3 contradiction – 34 Point + reason + illustration/more detail + contradiction + illustration/more detail – 4 C = how confident are you in the skills requiredAdd up the total points. to be successful in the question.But: Can not get above 7 without at least one 3 pointdiscussion.
Finally…Hidden in the wordsearch are 10 key terms. Can you find them and define them? Careful... Some of the terms are in bits! Word Means Word Means The people in charge of appointing judges Judges who sit in the HC, CA and SC Theory that Theory which says that says that judges judges should should be able be physically to make the best separate from decision on the the other facts, not branches of influence government Head of the judges and responsible for their discipline