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Click to see a digram of the hierarchy of Judges
The Magistrates Court Judiciary
Magistrates
The judiciary is probably the most prominent and well known elelement of
the legal system, and when they think of it, people often think of judges in snowy wigs.
However, most cases are tried by lay magistrates. These are normal people, who have no
legal experience or expertise, yet there are 30,000 of them nationwide. The office of
magistrate is one of the oldest in the legal system, and it is meant to represent the
general population in the administration of justice. Magistrates may sit either in panels
of 3 or 2, although it is not lawful to just have one lay
Magistrates are unique to the UK and countries of the latter British Empire, and there
are many concers surrounding them:
- Magistrates do not represent an accurate cross section of society, and it is
difficult to find the commitment amongst younger people, meaning most magistrates
are older.
- Magistrates do not have the appropriate knowledge of law to try people properly.
- The system is inefficient - although magistrates are unpaid they also take much
longer to understand the facts and legal principles surrounding difficult cases,
dragging out simple proceedings.
There are now an increasing number of stipendiary magistrates, these are
legal professionals (usually barristers) who are paid a fee by the state to act as
magistrates. They sit alone, and usually have more powers than the lay magistrate.
At current there are only about 100 stipendary magistrates in the country, and more
than half of these are in London.
The magistrates clerk
Because lay magistrate are not qualified legally, it is neccessary for the
court to provide them with a legally qualified clerk, to advise them on points of legeslation.
However, it is very important that clerks only advise magistrates on law, and do not give
their opinions on how the defendant should be punished.
The Crown Court Judiciary
The Judge
All trials in the crown court will be presided over by a judge. Due to the confrontational
nature of our legal system, the judge acts as chair of the debate, to prevent either side
from using tactics which are not allowed.
The role of the judge is more important than just keeping order - they assess the validity
of the evidence, direct the jury as to what evidence can be trusted, inform the jury on
points of law, and, most importantly, pass sentence. In cases where the evidence is overwhelming,
it is also the judges duty to direct the jury to find the defendant guilty.
Some judges will be High Court judges out 'on circuit' from London, and others will be
crown court circuit judges, who stay in one centre. However, most cases wil be heard by
a recorder. Just as Stipendiary Magistrates are barristers paid to act as magistrates, Recorders
are barristers paid to act as crown court judges.
The Jury
A crown court jury s made up of 12 people between the ages of 18 and 70, who are drawn
from the local electoral register, according to the terms set out in the 1974 jury act.
They are meant to represent an accurate cross section of the local society, and the
system is based on the assumption that the defendants equals and contemporaries will have
a better idea of the circumstances, and will be able to judge him more fairly.
Once the judge has directed the jury as to the law involved in the case, they will 'retire'
to a sealed room, where they will reach their verdict. It is forbidden for them to discuss
the case with anyone outside of the jury, and when the trial is over, they must not speak
to anyone about their deliberations.
Qualified legal professionals are not ellegible for jury service, nor are people who know
the defendant, or have any affiliation with him.
The Civil Courts
Unlike in a criminal case, where the jury decide the facts, in a civil case
it is the judge who will decide both facts and law. In some cases, such as defamation, and
actions for damages, there is a jury, but it is extremely rare, as civil cases usually
involve complex points of law.
In the county courts, cases are usually heard by a circuit judge, although lesser
value claims may be heard by a district judge.
As mentioned in The Court Structure,
the High Court is divided into 3 divisions, and each has a different judiciary.
- The Queens Bench division is headed by the Lord Chief Justice, but the actual
cases are tried by around 50 High Court judges.
- The Chancery Division is headed by the Lord Chancellor in name only, in practice,
it is ruled over by the Vice Chancellor, and cases are tried by about a dozen High Court Judges.
- The Family Division is headed by the President, and cases are tried by around
20 High Court Judges.
The Appeal Courts
All Court of Appeal judges are promoted from the ranks of High Court Judges, and
usually sit together in panels of three. The civil wing of the Court of Appeal is headed
by the Master of the Rolls, and the criminal wing is headed by the Lord Chief Justice.
The Judges of the House of Lords are called 'Lords of Appeal In Ordinary', or 'Law Lords'
and they always sit together in panels of five. Unlike their lowlier counterparts, Judges of
the house of Lords do not wear fine robes, or sit in splendid courtrooms. Instead they wear
suits and sit behind a table in one of the tribunal rooms of the Houses of Parliament.
The Lord Chancellor
The Lord Chancelloris the leader of the House of Lords, and supreme head
of the English Legal System. He oversees the administration of all the courts, and deals
with the appointment of Judges and QC's.
© Luke Culverwell 2001, All Rights Reserved |
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