Beruflich Dokumente
Kultur Dokumente
• On 30 July 2009, the judicial function of the House of Lords and its role as the
final - and highest - appeal court in the UK ended, bringing about a fundamental
change to the work and role of the House of Lords.
• A new United Kingdom Supreme Court, separating the judicial function from
Parliament (those who make the law from those who interpret it in courts),
opened 1 October 2009 opposite the Houses of Parliament in Parliament Square
- formerly the Middlesex Guildhall.
Barristers
In England and Wales, a barrister is a member of one of the __________ (= the
four law societies in London to which lawyers are members); he or she has
passed examinations and spent one year in __________ (= training) before
being __________ (= being fully accepted to practise law). Barristers have the
__________ in all courts in England and Wales: in other words, they have the
right to speak, but they do not have that right __________.
Magistrates
Magistrates usually work in __________. These courts hear cases of petty crime,
__________, __________, maintenance and violence in the home. The court
can __________ someone for __________ or for __________ in a __________.
There are two main types of magistrates: __________ magistrates (qualified
lawyers who usually sit alone); __________ magistrates (unqualified, who sit
as a __________ of three and can only sit if there is a justices' __________
present to advise them).
Judges
In England, judges are __________ by the Crown, on the advice of the Lord Chancellor. The
minimum requirement is that one should be a barrister or __________ of ten years'
standing. The majority of judges are barristers, but they cannot __________ as barristers.
__________ are practising barristers who act as judges on a part-time basis. The
appointment of judges is not a __________ appointment, and judges remain in office
unless they are found guilty of gross __________. Judges cannot be Members of
__________.
The jury
Juries are used in __________ cases, and in some civil actions, notably actions for
__________. They are also used in some coroner's __________. The role of the jury is to
use common sense to decide if the __________ should be for or against the __________.
Members of a jury (called __________) normally have no knowledge of the law and
follow the explanations given to them by the judge. Anyone whose name appears on the
__________ and who is between the ages of 18 and 70 is __________ for __________.
In the UK, judges, magistrates, barristers and solicitors are not eligible for jury service,
nor are priests, people who are __________, and people suffering from mental illness.
People who are excused jury service include members of the armed forces, Members of
Parliament and doctors. Potential jurors can be __________ if one of the parties to the
case thinks they are or may be __________.
Barristers: In England and Wales, a barrister is a member of one of
the Inns of Court (= the four law societies in London to which
lawyers are members); he or she has passed examinations and
spent one year in pupillage (= training) before being called to the
bar (= being fully accepted to practise law). Barristers have the
right of audience in all courts in England and Wales: in other
words, they have the right to speak, but they do not have that right
exclusively.
Magistrates: Magistrates usually work in Magistrates' Courts. These
courts hear cases of petty crime, adoption, affiliation,
maintenance and violence in the home. The court can commit
someone for trial or for sentence in a Crown Court. There are
two main types of magistrates: stipendiary magistrates (qualified
lawyers who usually sit alone); lay magistrates (unqualified, who
sit as a bench of three-seven and can only sit if there is a justices'
clerk present to advise them).
Judges: In England, judges are appointed by the Crown, on the advice of the Lord
Chancellor*. The minimum requirement is that one should be a barrister or
solicitor of ten years' standing. The majority of judges are barristers, but they
cannot practise as barristers. Recorders are practising barristers who act as
judges on a part-time basis. The appointment of judges is not a political
appointment, and judges remain in office unless they are found guilty of gross
misconduct. Judges cannot be Members of Parliament. **
The jury: Juries are used in criminal cases, and in some civil actions, notably
actions for libel. They are also used in some coroner's inquests. The role of the
jury is to use common sense to decide if the verdict should be for or against the
accused. Members of a jury (called jurors) normally have no knowledge of the
law and follow the explanations given to them by the judge. Anyone whose
name appears on the electoral register and who is between the ages of 18 and
70 is eligible for jury service. Judges, magistrates, barristers and solicitors are
not eligible for jury service, nor are priests, people who are on bail, and people
suffering from mental illness. People who are excused from jury service include
members of the armed forces, Members of Parliament and doctors. Potential
jurors can be challenged if one of the parties to the case thinks they are or may
be biased.
* The Lord Chancellor is the member of the British government and of the cabinet who is
responsible for the administration of justice and the appointment of judges in England
and Wales. The role of Lord Chancellor is to be abolished and his / her role assumed by
the Secretary of State for Constitutional affairs.
** Note that in the USA, state judges can be appointed by the state governor or can be
elected; in the federal courts and the Supreme Court, judges are appointed by the
President, but the appointment has to be approved by Congress.
Criminal courts of first instance
• 2 criminal courts: the Magistrates' Court and the
Crown Court
• the senior of the two is the Crown Court
• the courts are arranged in a local structure to
enable the system to work effectively
• the most important Crown Court = the most
famous = the Old Bailey, in London
• the Magistrates' Court does have some civil
functions in addition to its criminal duties
Civil Courts
• 2 main civil courts of first instance: the County
Court and the High Court
• the County Courts are arranged in a local
structure to facilitate accessibility
• the High Court of Justice is split into 3 divisions:
1) the Queen's Bench Division - deals mainly with claims for
damages and equitable remedies as a result of breaches of contract
and torts
2) the Chancery Division - deals in matters of partnership and
company law, revenue matters and important property issues
3) the Family Division - deals in matrimonial disputes and children
cases (such as custody issues)
CRIMINAL COURTS OF FIRST INSTANCE
Magistrates' Court
• presided over either by lay magistrates (Justices
of the Peace) or by district judges
• the lay magistrates are unqualified laymen
(people without a legal qualification); they are
unpaid but will receive expenses for travel and
any loss of earnings incurred whilst attending at
court and hearing cases
• the district judges (previously called stipendiary
magistrates) are full-time salaried magistrates
who are legally qualified
• the majority of Magistrates' Courts are presided
over by lay magistrates
• the feature of both the civil and the criminal
matters within the jurisdiction of the Magistrates'
Courts is that they are matters of relatively minor
importance compared with the civil matters heard
in the High Court and the county courts and the
criminal cases tried at the Crown Court
• the advantage of summary procedure is its
cheapness and speed
Lay magistrates
• There are over 30,000 lay magistrates who are
also known as Justices of the Peace (JP). They
normally sit as part of a bench of three-seven, for
at least 26 half days each year.
• In court, they will be advised on questions of law,
practice and procedure by a Magistrates' Clerk
(who must have been qualified as a barrister or
solicitor for at least five years).
The Role of Magistrates’ courts (1)
Criminal matters
Magistrates' courts dispose of over 95% of all criminal cases. They:
· issue warrants for arrest and search;
· decide whether a case should be adjourned;
· grant applications for bail or remand defendants in custody;
· in summary trials, determine whether a defendant is guilty or not;
· pass sentence on a defendant who has been found guilty;
· may decide to hear an either-way offence, if the defendant also agrees;
· commit defendants convicted of either-way offences to the Crown Court for
sentence;
· sit in the Crown Court with a judge to hear appeals from Magistrates' courts
against conviction or sentence;
· sit in the Crown Court with a judge to hear committals for sentence;
· enforce financial penalties; and
· sit in the Youth Court to hear cases involving young offenders aged 10-17.
Stipendiary magistrates are full-time magistrates who sit alone. They will have
been qualified as barristers or solicitors for at least seven years and have served
as Acting Stipendiary Magistrates for a minimum of two years. They are usually
aged between 40 and 55.
There are 48 Metroplitan Stipendiary Magistrates who hear cases in London, and
48 Provincial Stipendiary Magistrates who hear cases in magistrates' courts
outside London, generally in busy urban areas. They are appointed by the
Queen on the recommendation of the Lord Chancellor.
Before sitting alone, successful candidates are asked to sit in for one week with a
serving Stipendiary Magistrate, to attend a Judicial Studies Board induction
seminar, to visit penal institutions and to meet with a senior representative of
the Probation Service.
Acting Stipendiary Magistrates sit for two weeks on the first occasion, and at least
20 days a year thereafter. If an Acting Stipendiary Magistrate does not achieve a
full-time Stipendiary post within five years, he or she is unlikely to be invited to
undertake further sittings. There are 107 Acting Stipendiary Magistrates.
The Crown Court
• is presided over by a High Court judge, a circuit
judge or a recorder (=a part time judge who will
have been a barrister or a solicitor of at least 10
years standing)
• the case is heard before a jury
• the judge will be the sole arbiter of the law and
will advise the jury as to the legal ramifications
of the offence and of the evidence put before
them
• the jury is the sole arbiter of the fact; it is
comprised of 12 people
• the jurors are taken from the electoral roll and
must be legally unqualified
• the Crown Court has exclusive jurisdiction over
all trials on indictment for offences wherever
committed
CIVIL COURTS OF FIRST INSTANCE
The County Court
• it is a national network of local courts which deal
exclusively with civil cases
• it is a court of first instance and generally deals
with smaller, less complex claims (such as small
debts)
• personal injury claims of less than £ 50,000 must
be commenced in the County Court
• County Court will usually deal with other claims
where the claim is for £ 25,000 or less
• the jurisdiction of the county courts is local in
nature (so that there must be some connecting
factor between the action and the county court
district in which it is tried)