Lecture 7 - Judges, Juries, Miscarriages and Appeals

• Who is the Module Lead and Law Clinic Director mentioned in the study material?

  Luke Fisher
• What topics are covered in the study material regarding judges and juries?

  • Judges: roles, hierarchy, appointment, training, termination, critical analysis
  • Juries: function, research, qualifications, cases, summons, vetting, challenges, discharging
  • Miscarriages of justice: reasons, notable cases, response
  • Appeals: basic functions, types, powers of prosecution, Supreme Court
• What is the expected behavior of judges under the Rule of Law?

  Judges are expected to give judgments impartially and apply the law strictly.
• What act must judges uphold according to the study material?

  Judges must uphold the provisions of the Human Rights Act 1998.
• What power do judges control through judicial review proceedings?

  Judges control the exercise of power by the state.
• What was the outcome of the case A and X and others v SSHD (2004)?

  The Anti-Terrorism, Crime and Security Act 2001 was held unlawful as a violation of the HRA.
• Who is the current President of the Courts of England and Wales?

  Dame Sue Carr
• When was Dame Sue Carr sworn in as President of the Courts of England and Wales?

  October 1, 2023
• What was criticized about the previous judicial appointment process?

  The process was dominated by politicians and lacked transparency.
• What did the Constitutional Reform Act 2005 create?

  The Judicial Appointments Commission (JAC).
• What is the basis for judicial appointments according to the current process?

  Appointments are based on merit and good character.
• What does the Crime and Courts Act 2013 allow regarding judges for higher courts?

  It allows judges to be appointed on a part-time basis.
• What is the selection process for judicial candidates once shortlisted?

  • Candidates are invited to a selection day.
  • Activities may include:
  • Panel interview
  • Situational questioning
  • Role play
  • Presentation
  • The Commission recommends one candidate per vacancy based on merit.
• Who appoints judges below the High Court?

  The Lord Chief Justice appoints judges below the High Court.
• Who is responsible for appointing Lords Justice?

  The Queen appoints Lords Justice on the recommendation of the Prime Minister.
• What is the role of the Judicial Appointments and Conduct Ombudsman?

  The Ombudsman oversees recruitment and deals with complaints.
• How does the judicial appointment process differ in civil law systems compared to common law systems?

  • Civil law systems have a career judiciary.
  • Judges opt in early and receive special training.
  • They start at the bottom and work their way up.
  • Common law systems often rely on experienced lawyers for appointments.
• What is a notable criticism of the training provided to judges?

  Judges receive surprisingly lacking training in key areas.
• What is the salary of a Supreme Court Justice?

  £254,274
• What is the salary of a District Judge?

  £126,514
• What is the typical retirement age for judges?

  Judges typically retire at 70 years old.
• Under what circumstances can a judge be dismissed?

  A judge can be dismissed for serious misbehavior or inability to perform duties.
• What historical act governs the dismissal of judges at the High Court and above?

  The Act of Settlement 1700.
• What is the role of the Judicial Conduct and Investigations Office (JCIO)?

  JCIO provides advice and assistance to the Lord Chancellor regarding judicial complaints.
• What is required for a judge to be removed due to infirmity?

  The Lady Chancellor can remove a judge who is disabled by a permanent infirmity.
• What was the situation regarding judicial discipline before the Constitutional Reform Act 2005?

  There was no formal disciplinary procedure for the judiciary.
• What does the Lord Chancellor have the authority to do under s.108(3) CRA 2005?

  The Lord Chancellor may give a judicial office holder a formal warning or reprimand.
• What is the purpose of the Judicial Appointments and Conduct Ombudsman?

  The Ombudsman reviews the handling of complaints against judges.
• What are the key issues regarding judicial independence mentioned in the study material?

  • Required under the Separation of Powers doctrine.
  • Concerns over the Lord Chancellor's dual role.
  • Parliamentary supremacy leads to judiciary's subordination.
  • Political implications in judicial appointments.
• What case exemplifies extreme judicial deference to executive decision-making?

  Liversidge v Anderson (1942)
• What was the outcome of McIlkenny v Chief Constable of the West Midlands (1980)?

  Lord Denning dismissed a case involving allegations of police brutality.
• What was the significance of R v Ponting (1985)?

  The judge told the jury that the defense of "in the interests of the state" meant nothing beyond current government policy.
• What has been a growing concern regarding the relationship between politicians and the judiciary?

  Politicians have increasingly criticized the judiciary, leading to a lack of reasonable debate.
• What did Sir James Munby comment on regarding legal aid cuts?

  He stated that the cuts were putting ordinary citizens in impossible positions.
• What did Lord Reed find unlawful in R (Unison) v Lord Chancellor (2017)?

  He found Employment Tribunal fees unlawful, emphasizing access to courts as essential to the rule of law.
• What is the juror's right according to the Magna Carta (1215)?

  A juror has the right to give a verdict according to their conscience.
• What was established in Bushell’s Case (1670)?

  Judges cannot punish jurors for returning a verdict with which they disagreed.
• What is the jury's function in a criminal court?

  The jury weighs up the evidence and decides the true facts of the case.
• What did the research by Professor Thomas reveal about jurors and internet research?

  12% of jurors in high-profile cases admitted to internet research.
• What happens if a jury reaches a guilty verdict in a criminal court?

  The judge decides on the sentence.