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Transcript of British Judiciary 11
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THE BRITISH THE BRITISH JUDICIARYJUDICIARY
Unit 4Unit 4
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PreviewPreview Hierarchy of courtsHierarchy of courts Hierarchy of judgesHierarchy of judges Qualifications, selection and Qualifications, selection and
appointment of judgesappointment of judges Judicial titlesJudicial titles Judicial qualitiesJudicial qualities TenureTenure of judges of judges Legal termsLegal terms
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The Court SystemThe Court System
The Supreme Court (House of Lords)
Court of Appeal, Criminal division
Court of Appeal, Civil Division
Crown Court High Court
Magistrates Court County Court
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Civil casesCivil cases 1. The County Court 1. The County Court 2. The High Court of Justice2. The High Court of Justice 3. The Court of Appeal (Civil Division)3. The Court of Appeal (Civil Division) 4. The Supreme Court4. The Supreme Court
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County CourtsCounty Courts First instance civil cases: contract First instance civil cases: contract
disputes, compensation claims, disputes, compensation claims, consumer complaints about faulty consumer complaints about faulty goods or services, bankruptcy casesgoods or services, bankruptcy cases
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The High Court of JusticeThe High Court of Justice
The High Court of Justice
Queen’s Bench Division Chancery Division Family Division
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Queen’s Bench DivisionQueen’s Bench Division The division of the High Court of The division of the High Court of
Justice whose principal business is Justice whose principal business is the trial of civil actions based upon the trial of civil actions based upon contract or tortcontract or tort
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Queen’s Bench DivisionQueen’s Bench Division
Queen’s Bench Division
Admiralty Court Commercial Court
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Admiralty CourtAdmiralty Court Civil actions relating to ships and the Civil actions relating to ships and the
seasea Cases about collisions, damage to Cases about collisions, damage to
cargo, salvagecargo, salvage
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Commercial CourtCommercial Court Commercial casesCommercial cases Puisne judges with experience of Puisne judges with experience of
commercial matterscommercial matters
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Chancery DivisionChancery Division The division of the High Court of The division of the High Court of
Justice created by the Judicature Acts Justice created by the Judicature Acts 1873-75 to replace the Court of 1873-75 to replace the Court of ChanceryChancery
Real property, trusts, administration Real property, trusts, administration of estatesof estates
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Family DivisionFamily Division The division of the High Court The division of the High Court
concerned with family proceedings concerned with family proceedings and non-contentious probate mattersand non-contentious probate matters
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The High Court of JusticeThe High Court of Justice Original jurisdiction (complex civil Original jurisdiction (complex civil
cases),cases), Appellate jurisdictionAppellate jurisdiction
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Appeals: civil casesAppeals: civil cases From the High Court cases may go on From the High Court cases may go on
appeal to the civil division of the Court of appeal to the civil division of the Court of Appeal, which can reverse or uphold a Appeal, which can reverse or uphold a decision of the lower courts; its decisions decision of the lower courts; its decisions bind all the lower civil courtsbind all the lower civil courts
Civil cases may leapfrog from the High Civil cases may leapfrog from the High Court to the Supreme Court, bypassing the Court to the Supreme Court, bypassing the Court of Appeal, when points of law of Court of Appeal, when points of law of general public importance are involvedgeneral public importance are involved
Appellants must apply for leave to appealAppellants must apply for leave to appeal
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Criminal courtsCriminal courts Magistrates’ Courts (95% criminal Magistrates’ Courts (95% criminal
cases): petty crimes; minors; cases): petty crimes; minors; 3 lay magistrates or 1 district judge 3 lay magistrates or 1 district judge
(formerly:stipendiary magistrate); no (formerly:stipendiary magistrate); no juryjury
The Crown Court: indictable offences; The Crown Court: indictable offences; jury trialjury trial
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Appeals: criminal casesAppeals: criminal cases Magistrates’ courts: appeals to the Magistrates’ courts: appeals to the
Crown CourtCrown Court Crown Court: appeals to the Court of Crown Court: appeals to the Court of
AppealAppeal Appeals may sometimes go from the Appeals may sometimes go from the
Court of Appeal to the Supreme Court of Appeal to the Supreme Court (formerly: House of Lords)Court (formerly: House of Lords)
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The Supreme Court (formerly: The Supreme Court (formerly: House of Lords)House of Lords)
Twelve Twelve judgesjudges appointed from judges appointed from judges and barristers (Law Lords)and barristers (Law Lords)
The quorum, or minimum number, of The quorum, or minimum number, of law lords for an appeal hearing is law lords for an appeal hearing is normally three, but generally there is a normally three, but generally there is a sitting of five judgessitting of five judges
Law Lords typically sit as a committee Law Lords typically sit as a committee to develop and define the law of the to develop and define the law of the landland
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Judicial appointments in England Judicial appointments in England and Walesand Wales
Judicial officeJudicial office CourtCourt NumberNumberLords of Appeal in Lords of Appeal in Ordinary (Law Lords)Ordinary (Law Lords)
(Supreme Court/House (Supreme Court/House of Lords)of Lords)
1212
Lord Justices of AppealLord Justices of Appeal Court of AppealCourt of Appeal 3737High Court JudgesHigh Court Judges High Court of JusticeHigh Court of Justice 107107Circuit Judges Circuit Judges Crown Court and County Crown Court and County
CourtCourt638638
RecordersRecorders Crown Court and County Crown Court and County CourtCourt
13521352
District Judges (Civil)District Judges (Civil) County CourtCounty Court 422422Deputy District Judges Deputy District Judges (Civil)(Civil)
County CourtCounty Court 751751
District Judges District Judges (Stipendiary (Stipendiary Magistrates) (Criminal)Magistrates) (Criminal)
Magistrates’ CourtMagistrates’ Court 139139
Magistrates, Justices of Magistrates, Justices of the Peacethe Peace
Magistrates’ CourtMagistrates’ Court 28,00028,000
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MagistrateMagistrate A ‘justice of the peace’ sitting in a A ‘justice of the peace’ sitting in a
Magistrates’ Court. Most magistrates: Magistrates’ Court. Most magistrates: lay persons; no formal legal lay persons; no formal legal qualifications: no payment for their qualifications: no payment for their services, give their time voluntarily. services, give their time voluntarily.
Also: district judges (Magistrates’ Also: district judges (Magistrates’ Court) (formerly called stipendiary Court) (formerly called stipendiary magistrates) in London and other magistrates) in London and other major cities.major cities.
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Magistrates’ key qualitiesMagistrates’ key qualities Good characterGood character Understanding and communicationUnderstanding and communication Social awarenessSocial awareness Maturity and sound temperamentMaturity and sound temperament Sound judgementSound judgement Commitment and reliabilityCommitment and reliability
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Appointment of magistratesAppointment of magistrates About 1,500 new lay magistrtes About 1,500 new lay magistrtes
appointed by Lord Chancellor each appointed by Lord Chancellor each year on recommendations by the year on recommendations by the local advisory committeeslocal advisory committees
The committees: max. 12 members, The committees: max. 12 members, magistrates and non-magistratesmagistrates and non-magistrates
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Magistrates’ dutiesMagistrates’ duties Try 97% of all criminal cases; deal Try 97% of all criminal cases; deal
with preliminary hearings in the with preliminary hearings in the remaining 3% of criminal casesremaining 3% of criminal cases
bail applications and committal bail applications and committal proceedingsproceedings
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Magistrates’ dutiesMagistrates’ duties Civil matters: enforcing of debts Civil matters: enforcing of debts
owed to the utilities (gas, electric owed to the utilities (gas, electric and water), non-payment of the and water), non-payment of the council tax and TV licencescouncil tax and TV licences
Criminal charges against young Criminal charges against young offendersoffenders
Family cases: orders for protection Family cases: orders for protection against violence, adoption ordersagainst violence, adoption orders
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District Judge District Judge (Magistrates’ Court)(Magistrates’ Court)
A barrister or solicitor of not less A barrister or solicitor of not less than 7 years’ standing, appointed by than 7 years’ standing, appointed by the Lord Chancellor to sit in a the Lord Chancellor to sit in a Magistrates’ Court on a full-time Magistrates’ Court on a full-time salaried basis: formerly (before salaried basis: formerly (before 2000) called a stipendiary magistrate 2000) called a stipendiary magistrate
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District Judge District Judge (Magistrates’ Court)(Magistrates’ Court)
Metropolitan district judges sit in Metropolitan district judges sit in magistrates’ courts for Inner London; magistrates’ courts for Inner London; other magistrates sit in large other magistrates sit in large provincial centresprovincial centres
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District JudgeDistrict Judge(County courts)(County courts)
In the county courts, a judicial officer In the county courts, a judicial officer appointed by the Lord Chancellor appointed by the Lord Chancellor from solicitors or barristers of not from solicitors or barristers of not less than 7 years’ standing. less than 7 years’ standing.
Can try cases within a financial limit Can try cases within a financial limit defined by statute. defined by statute.
Part-time district judges- known as Part-time district judges- known as deputy district judgesdeputy district judges
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RecorderRecorder A barrister or solicitor appointed as a A barrister or solicitor appointed as a
part-time judge. part-time judge. Agree to make themselves available Agree to make themselves available
regularly (for at least 4 weeks a year) regularly (for at least 4 weeks a year) Usually sit in the Crown Court but Usually sit in the Crown Court but
may sit in the county courts or the may sit in the county courts or the High CourtHigh Court
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Circuit JudgeCircuit Judge Any of the judges appointed under Any of the judges appointed under
the provisions of the Courts Act of the provisions of the Courts Act of 1971 from among those who have 1971 from among those who have had a 10 year Crown Court or county had a 10 year Crown Court or county court advocacy qualification. court advocacy qualification.
They may, by invitation of the Lord They may, by invitation of the Lord Chancellor, sit as High Court judgesChancellor, sit as High Court judges
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Circuit systemCircuit system The system of dividing England and The system of dividing England and
Wales into regional circuits for the Wales into regional circuits for the purpose of court administration. purpose of court administration.
Consists of the South-Eastern, Consists of the South-Eastern, Western, Midland and Oxford, Wales Western, Midland and Oxford, Wales and Chester, Northern and North-and Chester, Northern and North-Eastern circuitsEastern circuits
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Lord Justice of AppealLord Justice of Appeal A judge of the Court of Appeal. A judge of the Court of Appeal. The Lord (and Lady) Justices are The Lord (and Lady) Justices are
normally appointed from those normally appointed from those holding the post of a High Court holding the post of a High Court judge or those with a 10-year High judge or those with a 10-year High Court qualification under the Courts Court qualification under the Courts and Legal Services Act 1990and Legal Services Act 1990
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Lords of Appeal in Ordinary Lords of Appeal in Ordinary (Law Lords)(Law Lords)
Up to 12 persons, holders of high Up to 12 persons, holders of high judicial office or practising barristers judicial office or practising barristers of at least 15 years’ standing; of at least 15 years’ standing;
Under the Constitutional Reform Act Under the Constitutional Reform Act these functions transferred to a new these functions transferred to a new Supreme Court: the Law Lords- Supreme Court: the Law Lords- removed from the legislatureremoved from the legislature
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Lord ChancellorLord Chancellor Traditionally, the head of the Traditionally, the head of the
judiciary, a government minister (in judiciary, a government minister (in charge of the Lord Chancellor’s charge of the Lord Chancellor’s Department, now the Department for Department, now the Department for Constitutional Affairs), and Speaker Constitutional Affairs), and Speaker of the House of Lords (the of the House of Lords (the Constitutional Reform Act 2005 Constitutional Reform Act 2005 devolved this function onto the Lord devolved this function onto the Lord Speaker)Speaker)
Judicial, executive, legislative Judicial, executive, legislative functionsfunctions
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Lord ChancellorLord Chancellor Appoints magistrates and higher Appoints magistrates and higher
judicial officials; since 2005: Judicial judicial officials; since 2005: Judicial Appointments CommissionAppointments Commission
Appointed by the Prime MinisterAppointed by the Prime Minister Under the Constitutional Reform Act Under the Constitutional Reform Act
2005 his judicial functions 2005 his judicial functions transferred to the Lord Chief Justicetransferred to the Lord Chief Justice
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Mandatory requirements for judicial Mandatory requirements for judicial officesoffices
An Act of Parliament lays down the An Act of Parliament lays down the mandatory requirements for most mandatory requirements for most judicial officesjudicial offices
Candidates must have practised as a Candidates must have practised as a lawyer or judge for a specified timelawyer or judge for a specified time
The hierarchical structure of the The hierarchical structure of the courts informs the process of courts informs the process of selection to the judiciaryselection to the judiciary
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Judicial appointmentsJudicial appointments Experience gained as a judge in a Experience gained as a judge in a
lower court – one of the qualifications lower court – one of the qualifications for appointment to a higher courtfor appointment to a higher court
Senior appointments to the Court of Senior appointments to the Court of Appeal and the High Court – made by Appeal and the High Court – made by the Queen following the the Queen following the recommendation of the Prime recommendation of the Prime Minister, on the advice of the Lord Minister, on the advice of the Lord Chancellor (now:the Judicial Chancellor (now:the Judicial Appointments Commission)Appointments Commission)
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Qualifications, selection and Qualifications, selection and appointment of judgesappointment of judges
CourtCourt JudgeJudge QualificatioQualificationn
RoleRole
Supreme Supreme CourtCourt
Lords of Lords of Appeal in Appeal in OrdinaryOrdinaryLaw LordsLaw Lords
15-year 15-year qualificationqualification
Appeals on Appeals on points of lawpoints of lawCivil and Civil and criminal casescriminal cases
Court of Court of AppealAppeal
Lord Justices Lord Justices of Appealof Appeal
10 year 10 year qualifictionqualifiction
Hear appealsHear appealsCriminal cases Criminal cases against against conviction conviction and/or sentenceand/or sentenceCivil cases on Civil cases on the finding the finding and/or amount and/or amount awardedawarded
High High CourtCourt
High Court High Court judges (puisne judges (puisne judges)judges)
10 year 10 year qualificationqualification
First instance First instance cases, some cases, some appeal workappeal work
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Qualifications, selection and Qualifications, selection and appointment of judgesappointment of judges
CourtCourt JudgeJudge QualificatioQualificationn
RoleRole
Crown CourtCrown Court Circuit judgesCircuit judgesRecordersRecorders
10 year 10 year qualificationqualification
Try cases with Try cases with a jurya juryDecide the Decide the lawlawPass sentencePass sentence
County CourtCounty Court Circuit judgesCircuit judges
District judgesDistrict judges
10 year 10 year qualificationqualification7 year 7 year qualificationqualification
Civil cases – Civil cases – liability and liability and remedyremedySmall claimsSmall claims
Magistrates’ Magistrates’ CourtsCourts
District judgesDistrict judges 7 year 7 year qualificationqualification
Criminal cases Criminal cases – decide law – decide law and verdictand verdictPass sentencePass sentenceSome family Some family workwork
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TitlesTitlesCourt,Court,ProfessionProfession
TitleTitle Form of Form of addressaddress
Queen’s Queen’s CounselCounsel
Peter Brown QCPeter Brown QC
Circuit judgeCircuit judge His Honour His Honour Judge Brown Judge Brown (QC)(QC)
Your HonourYour Honour
Court of AppealCourt of Appeal Lord Justice Lord Justice Brown, or The Brown, or The Right Right Honourable Sir Honourable Sir Peter BrownPeter Brown
My Lord, Your My Lord, Your LordshipLordship
Supreme CourtSupreme Court The Right The Right Honourable Lord Honourable Lord BrownBrown
My Lord, Your My Lord, Your LordshipLordship
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Training of judgesTraining of judges The Judicial Studies Board (JSB) – The Judicial Studies Board (JSB) –
responsible for the training of judges, responsible for the training of judges, lay magistrates, and members of lay magistrates, and members of Tribunals in England and WalesTribunals in England and Wales
JSB organises: an induction course; JSB organises: an induction course; visits to penal establishments visits to penal establishments (prison); meetings with personnel (prison); meetings with personnel from the Probation Servicefrom the Probation Service
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Training of judgesTraining of judges A period of sitting in on the Bench – A period of sitting in on the Bench –
the judge’s area of the Court – with a the judge’s area of the Court – with a Circuit JudgeCircuit Judge
In his first week of appointment - In his first week of appointment - supervised by a Circuit Judgesupervised by a Circuit Judge
Practical guidelines for judges – set Practical guidelines for judges – set out in Bench Booksout in Bench Books
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Judicial qualitiesJudicial qualities Intellectual capacityIntellectual capacity Personal qualities including integrity, Personal qualities including integrity,
independence of mind, sound independence of mind, sound judgement, decisiveness, objectivity judgement, decisiveness, objectivity and willingness to learnand willingness to learn
Ability to understand and deal fairlyAbility to understand and deal fairly Authority and communication skillsAuthority and communication skills EfficiencyEfficiency
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Security of tenure of superior Security of tenure of superior judgesjudges
Superior judges – security of tenure; Superior judges – security of tenure; cannot be dismissed by the Lord cannot be dismissed by the Lord Chancellor or the GovernmentChancellor or the Government
Hold office while of good behaviourHold office while of good behaviour Can only be removed by the Monarch Can only be removed by the Monarch
following a petition presented by following a petition presented by both Houses of Parliamentboth Houses of Parliament
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Tenure of inferior judgesTenure of inferior judges Lord Chancellor has the power to Lord Chancellor has the power to
dismiss inferior judges for incapacity dismiss inferior judges for incapacity or misbehaviouror misbehaviour
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Tenure of judgesTenure of judges
JudgesJudges CourtsCourts TenureTenureLaw LordsLaw Lords House of House of
LordsLords‘‘whilst of good whilst of good behaviour’behaviour’
Lords Justices Lords Justices of Appealof Appeal
Court of Court of AppealAppeal
‘‘whilst of good whilst of good behaviour’behaviour’
High Court High Court judges judges (puisne (puisne judges)judges)
High CourtHigh Court ‘‘whilst of good whilst of good behaviour’behaviour’
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Tenure of judgesTenure of judgesJudgesJudges CourtsCourts TenureTenureCircuit judgesCircuit judges Crown CourtCrown Court
County CourtCounty CourtCan be Can be dismissed by dismissed by Lord ChancellorLord Chancellor
District judgesDistrict judges County CourtCounty CourtMagistrates’ Magistrates’ CourtCourt
Can be Can be dismissed by dismissed by Lord ChancellorLord Chancellor
RecordersRecorders Crown Court Crown Court (some in County (some in County Court)Court)
Appointed for 5 Appointed for 5 years; Lord years; Lord Chancellor can Chancellor can decide not to re-decide not to re-appointappoint
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RetirementRetirement Judicial Pensions and Retirement Act Judicial Pensions and Retirement Act
1993: all judges have to retire at the 1993: all judges have to retire at the age of 70age of 70
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Legal termsLegal terms Admiralty CourtAdmiralty Court Admiralski sud, Pomorski sudAdmiralski sud, Pomorski sud Commercial CourtCommercial Court Trgovački sudTrgovački sud Tort = civil wrongTort = civil wrong Građanski deliktGrađanski delikt Real propertyReal property nekretninenekretnine
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Legal termsLegal terms TrustTrust Prijenos imovine na povjerenika, Prijenos imovine na povjerenika,
fiducijarni odnosfiducijarni odnos EstateEstate Ostavinska masaOstavinska masa ProbateProbate Sudska ovjera oporukeSudska ovjera oporuke
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Legal termsLegal terms To reverse a decisionTo reverse a decision Preinačiti odlukuPreinačiti odluku Reversal of judgement = the alteration of Reversal of judgement = the alteration of
judgement on appealjudgement on appeal Preinaka presude; poništenje presudePreinaka presude; poništenje presude To uphold a decisionTo uphold a decision Potvrditi odluku (nižeg suda)Potvrditi odluku (nižeg suda) Leave to appealLeave to appeal Dopuštenje ulaganja žalbeDopuštenje ulaganja žalbe
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Legal termsLegal terms MagistrateMagistrate Mirovni sudac, neplaćeni sudacMirovni sudac, neplaćeni sudac District judgeDistrict judge Okružni sudacOkružni sudac Circuit judgeCircuit judge Sudac koji sudi u različitim mjestima Sudac koji sudi u različitim mjestima
iste sudske oblastiiste sudske oblasti
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Legal termsLegal terms RecorderRecorder Profesionalni sudac koji zasjeda s Profesionalni sudac koji zasjeda s
djelomičnim radnim vremenom na kaznenom djelomičnim radnim vremenom na kaznenom sudusudu
Puisne judgePuisne judge Sudac na Visokom sudu (High Court)Sudac na Visokom sudu (High Court) Lord ChancellorLord Chancellor Lord kancelar (obavlja poslove ministra Lord kancelar (obavlja poslove ministra
pravosuđa), ranije: predsjedavajući Gornjeg pravosuđa), ranije: predsjedavajući Gornjeg domadoma
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Legal termsLegal terms Indictable offenceIndictable offence Teško kazneno djeloTeško kazneno djelo Criminal chargesCriminal charges optužnica za kazneno djelooptužnica za kazneno djelo Committal proceedingsCommittal proceedings Podizanje optužnice; postupak u Podizanje optužnice; postupak u
kojem Magistrates’Court odlučuje kojem Magistrates’Court odlučuje uputiti predmet na Crown Courtuputiti predmet na Crown Court
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Legal termsLegal terms Bail applicationBail application Molba za određivanje jamčevineMolba za određivanje jamčevine SittingSitting Suđenje, ročište, raspravaSuđenje, ročište, rasprava The Bench and the BarThe Bench and the Bar Suci i odvjetniciSuci i odvjetnici To be on the BenchTo be on the Bench Biti sudacBiti sudac
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The court structure: Exercise 1The court structure: Exercise 1 Complete the following:Complete the following: 1. Claims of lesser value will start in a ___. 1. Claims of lesser value will start in a ___.
There are 250 of these around the There are 250 of these around the country. They can also deal with divorce country. They can also deal with divorce and bankruptcy matters.and bankruptcy matters.
2. Matters of important legal dispute 2. Matters of important legal dispute arising in the Crown Court may be arising in the Crown Court may be appealed to the _____.appealed to the _____.
3. From the Court of Appeal, there can be 3. From the Court of Appeal, there can be an appeal to the ____on fact or law, but an appeal to the ____on fact or law, but usually appeal is only allowed on matters usually appeal is only allowed on matters of legal importance.of legal importance.
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Exercise 1 (cont.)Exercise 1 (cont.) 4 If the case involves a serious crime, it is 4 If the case involves a serious crime, it is
heard in the ___ (there is only one____but it heard in the ___ (there is only one____but it has about 70 centres around the has about 70 centres around the jurisdiction).jurisdiction).
5. In less serious criminal cases (which 5. In less serious criminal cases (which comprise over 90% of criminal cases), the comprise over 90% of criminal cases), the case is sent for trial in one of over 400 ___.case is sent for trial in one of over 400 ___.
6. More substantial civil claims (over 6. More substantial civil claims (over ££25,000) are heard in the____.25,000) are heard in the____.
7. Under the system of appeals in civil 7. Under the system of appeals in civil cases, it is possible to appeal from a cases, it is possible to appeal from a County Court or the High Court to the____County Court or the High Court to the____
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KeyKey Claims of lesser value will start in a Claims of lesser value will start in a County County
CourtCourt. There are 250 of these around the . There are 250 of these around the country. They can also deal with divorce and country. They can also deal with divorce and bankruptcy matters. Matters of important bankruptcy matters. Matters of important legal dispute arising in the Crown Court may legal dispute arising in the Crown Court may be appealed to the be appealed to the Court of Appeal Court of Appeal (Criminal Division).(Criminal Division). From the Court of From the Court of Appeal, there can be an appeal to the Appeal, there can be an appeal to the House House of Lordsof Lords on fact or law, but usually appeal is on fact or law, but usually appeal is only allowed on matters of legal importance.only allowed on matters of legal importance.
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KeyKey If the case involves a serious crime, If the case involves a serious crime,
it is heard in the it is heard in the Crown CourtCrown Court (there (there is only one Central Criminal Court but is only one Central Criminal Court but it has about 70 centres around the it has about 70 centres around the jurisdiction). In less serious criminal jurisdiction). In less serious criminal cases (which comprise over 90% of cases (which comprise over 90% of criminal cases), the case is sent for criminal cases), the case is sent for trial in one of over 400 trial in one of over 400 Magistrates’ Magistrates’ CourtsCourts. .
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KeyKey More substantial civil claims (over More substantial civil claims (over
L25,00) are heard in the L25,00) are heard in the High CourtHigh Court.. Under the system of appeals in civil Under the system of appeals in civil
cases, it is possible to appeal from a cases, it is possible to appeal from a County Court or the High Court to the County Court or the High Court to the Court of Appeal (Civil Division)Court of Appeal (Civil Division)
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Fill in the missing words: Fill in the missing words: barrister, bench, clerk, barrister, bench, clerk, judiciary, judge, judgement, jury, president, judiciary, judge, judgement, jury, president,
prosecutor, recorderprosecutor, recorder The ___are perhaps the most prominent amongst The ___are perhaps the most prominent amongst
those involved in running the court. The largest those involved in running the court. The largest group of ___are___, ordinary citizens who are not group of ___are___, ordinary citizens who are not legal professionals but are appointed to ensure legal professionals but are appointed to ensure that the local community is involved in the that the local community is involved in the running of the legal system. They sit as a group running of the legal system. They sit as a group of three (as a ‘___’). Magistrates sit with a legally of three (as a ‘___’). Magistrates sit with a legally qualified___, who can advise on points of law. A qualified___, who can advise on points of law. A case is presented by the___, who takes over the case is presented by the___, who takes over the case from the police who have already charged case from the police who have already charged the defendant (or accused) with specified crimes.the defendant (or accused) with specified crimes.
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barrister, bench, clerk, judiciary, judge, judgement, barrister, bench, clerk, judiciary, judge, judgement, jury, president, prosecutor, recorderjury, president, prosecutor, recorder
In the upper courts, the judges are In the upper courts, the judges are almost all former ____. But many almost all former ____. But many cases are also heard by ____ - part-cases are also heard by ____ - part-time barristers from private practice. time barristers from private practice. The Crown Court___ consists of 12 The Crown Court___ consists of 12 persons, aged 18 to 70.persons, aged 18 to 70.
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Match Match the two parts of the sentences and complete the the two parts of the sentences and complete the gaps with the following words: gaps with the following words: appeal/appellate, claimant, appeal/appellate, claimant,
hear/try, tried/heardhear/try, tried/heard:: 1. The ___courts can 1. The ___courts can 2. An appellant must get2. An appellant must get 3. In a civil action, a___who has suffered3. In a civil action, a___who has suffered 4. Magistrates generally___cases of petty 4. Magistrates generally___cases of petty
crime ascrime as 5. Indictable offences are5. Indictable offences are
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appeal/appellate, claimant, hear/try, appeal/appellate, claimant, hear/try, tried/heardtried/heard::
A) a court of first instanceA) a court of first instance B) normally___in the Crown CourtB) normally___in the Crown Court C) reverse or uphold decisions of C) reverse or uphold decisions of
lower courts.lower courts. D) harm or injury seeks a remedy.D) harm or injury seeks a remedy. E) leave to____before taking a case E) leave to____before taking a case
to a higher court.to a higher court.
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The court system: Exercise 2The court system: Exercise 2
VerbVerb Noun – event Noun – event or actionor action
Noun - personNoun - person
sitsit 00
appealappeal
hearhear 00
trytry 00
claimclaim
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Judges: ExerciseJudges: Exercise Match the judicial Match the judicial
offices in the box offices in the box with the required with the required qualifications qualifications below (1-4). Bear in below (1-4). Bear in mind the mind the hierarchical hierarchical structure of the structure of the courts.courts.
Lord of Appeal in Lord of Appeal in OrdinaryOrdinaryLord Justice of Lord Justice of AppealAppealCircuit JudgeCircuit JudgeDistrict Judge District Judge (Magistrates’ Court)(Magistrates’ Court)
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Exercise (cont.)Exercise (cont.) 1. must have been qualified as a lawyer for at least 1. must have been qualified as a lawyer for at least
seven yearsseven years 2. must have been qualified for ten years, although 2. must have been qualified for ten years, although
three years’ service as a full-time District Judge is three years’ service as a full-time District Judge is allowedallowed
3. must have been qualified as a lawyer for at least 3. must have been qualified as a lawyer for at least 15 years and is usually drawn from judges in the 15 years and is usually drawn from judges in the Courts of Appeal in England, Wales, and Northern Courts of Appeal in England, Wales, and Northern Ireland, and in teh Court of Session in ScotlandIreland, and in teh Court of Session in Scotland
4. the statutory qualification is at least ten years in 4. the statutory qualification is at least ten years in the High Court as a lawyer and, in practice, to be a the High Court as a lawyer and, in practice, to be a High Court Judge. High Court Judge.
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AnswersAnswers 1. District Judge (Magistrates’ Court)1. District Judge (Magistrates’ Court) 2. Circuit Judge2. Circuit Judge 3. Lord of Appeal in Ordinary3. Lord of Appeal in Ordinary 4. Lord Justice of Appeal4. Lord Justice of Appeal
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Exercise 2Exercise 2 Complete the definitions with the following: Complete the definitions with the following:
the Bench, the judicial office, the the Bench, the judicial office, the judiciary, penal establishmentjudiciary, penal establishment
1.____ _____ - collective word for a group of 1.____ _____ - collective word for a group of judges and the name of the place where a judges and the name of the place where a judge sits in courtjudge sits in court
2. ___ ____- formal collective word for all the 2. ___ ____- formal collective word for all the judges in the legal systemjudges in the legal system
3. ___ ____ ____ - the specific post of a judge 3. ___ ____ ____ - the specific post of a judge (for example, a High Court Judge)(for example, a High Court Judge)
4. ___ ___ - place where people are held as a 4. ___ ___ - place where people are held as a punishment when convicted of an offencepunishment when convicted of an offence
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The court system: additional The court system: additional informationinformation
www.courtservice.gov.uk www.lexadin.nl/wlg/courts/nofr/courts.htmwww.lexadin.nl/wlg/courts/nofr/courts.htm
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Judges: additional informationJudges: additional information www.jsboard.co.uk www.dea.gov.uk/judicial www.judiciary.gov.ukwww.judiciary.gov.uk
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ResearchResearch Look up the judicial website Look up the judicial website
www.judiciary.gov.uk
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ResearchResearch 1. Look up the names of the judges in the 1. Look up the names of the judges in the
Supreme Court. Choose any two and look at Supreme Court. Choose any two and look at their biographies. Find out the following their biographies. Find out the following matters:matters:
A) Which school did they go to?A) Which school did they go to? B) At which university did they get their B) At which university did they get their
degree?degree? When did they first become a judge?When did they first become a judge? When did they become a judge in the House When did they become a judge in the House
of Lords?of Lords?
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ResearchResearch 2. Find out how many woman judges 2. Find out how many woman judges
there are in the Court of Appeal.there are in the Court of Appeal. 3. Find out how many ethnic minority 3. Find out how many ethnic minority
judges there are in the High Court.judges there are in the High Court.