The Judiciary – Superior And Inferior Judges: Role (Copy)

1.3 Legal Personnel

1.3.1 The Judiciary – Superior and Inferior Judges

Role

Introduction

• The role of the judiciary in England and Wales is central to the administration of justice and the functioning of the rule of law.
• Judges ensure trials are fair, apply the law consistently, and protect fundamental rights.
• Their functions vary according to the level of court (superior or inferior) and the type of case (civil or criminal).
• The judiciary also plays a constitutional role in checking executive power, safeguarding individual liberty, and developing the common law.

Role of Judges in Criminal Cases

1. Magistrates’ Court (Inferior Judiciary)
   • District Judges (Magistrates’ Courts) and lay magistrates preside over:
     • Summary trials and preliminary hearings.
     • Decide guilt in summary cases (no jury).
     • Decide on bail applications.
     • Impose sentences within statutory limits (up to 6 months, or 12 months for multiple offences).
   • Example: deciding on bail for theft charges under Bail Act 1976.
2. Crown Court (Superior Judiciary)
   • Circuit Judges, Recorders, or High Court Judges preside over serious criminal trials.
   • Role of judge:
     • Direct the jury on law.
     • Summarise evidence fairly.
     • Pass sentence upon conviction.
   • Example: in a murder trial, judge ensures fair presentation of evidence and decides sentence if jury convicts.
3. Appeal Courts (Court of Appeal, Criminal Division; Supreme Court)
   • Judges review convictions and sentences from lower courts.
   • Can quash, vary, or uphold convictions.
   • Develop criminal law principles (e.g., R v Jogee (2016) – joint enterprise doctrine revised).

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Role of Judges in Civil Cases

1. County Courts (Inferior Judiciary)
   • District Judges and Circuit Judges hear:
     • Contract and tort disputes.
     • Family law cases (divorce, custody, maintenance).
     • Small claims (informal, quick decisions).
2. High Court (Superior Judiciary)
   • Divided into divisions:
     • Queen’s Bench Division – contract, tort, judicial review.
     • Chancery Division – equity, trusts, insolvency, intellectual property.
     • Family Division – complex family disputes, child abduction, medical treatment cases.
3. Court of Appeal (Civil Division)
   • Hears appeals from High Court and County Court.
   • Judges clarify legal principles, set binding precedent.
4. Supreme Court
   • Final appeal court in UK civil law.
   • Deals with cases of public importance and constitutional significance (e.g., Miller v Secretary of State for Exiting the EU (2017)).

Constitutional and Administrative Role

• Judges uphold the rule of law and protect constitutional principles.
• Powers include:
  1. Judicial Review
     • Courts review lawfulness of decisions by public bodies.
     • Grounds: illegality, irrationality, procedural impropriety.
     • Example: Council of Civil Service Unions v Minister for the Civil Service (1985) (GCHQ case).
  2. Human Rights Act 1998
     • Judges must interpret legislation compatibly with European Convention on Human Rights where possible (s.3 HRA).
     • Can issue a declaration of incompatibility (s.4 HRA).
     • Example: A v Secretary of State for the Home Department (2004) – indefinite detention of foreign terror suspects declared incompatible with Article 5 ECHR.
  3. Checks on Executive Power
     • Judges ensure executive does not exceed legal authority.
     • Example: Miller (2019) – Supreme Court ruled Prime Minister’s prorogation of Parliament unlawful.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Other Key Functions

1. Sentencing in Criminal Cases
   • Judges select appropriate sentence within statutory guidelines.
   • Consider aggravating/mitigating factors, precedent, and Sentencing Council guidelines.
   • Protects public, deters crime, rehabilitates offenders, punishes wrongdoing.
2. Case Management
   • Especially under Civil Procedure Rules (post-Woolf reforms).
   • Judges manage cases by setting timetables, limiting evidence, and encouraging settlement.
3. Law-Making Role (Judicial Precedent)
   • Through ratio decidendi, judges develop common law.
   • Example: Donoghue v Stevenson (1932) – established duty of care in negligence.
4. Safeguarding Fair Trials
   • Ensuring equality of arms between prosecution/defence or claimant/defendant.
   • Ensuring access to legal advice and interpreters.
   • Preventing oppressive questioning or unfair evidence (using PACE ss.76 and 78).
5. Public Confidence
   • Judges act impartially, maintaining independence from Parliament and government.
   • Judicial oath: “to do right to all manner of people… without fear or favour, affection or ill will.”

Case Law Demonstrating Judicial Role

• Donoghue v Stevenson (1932): Judges developed modern law of negligence.
• R v R (1991): House of Lords ruled marital rape a crime – judges adapting law to modern values.
• Miller (2017, 2019): Supreme Court reinforced constitutional role of judiciary in limiting executive power.
• A v Home Secretary (2004): Judges protected human rights against state detention powers.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course

Evaluation

Strengths

• Judges maintain rule of law and constitutional balance.
• Independent and impartial decision-makers.
• Develop law through precedent, adapting to societal change.
• Protect fundamental rights under Human Rights Act 1998.

Weaknesses

• Unelected, raising questions about democratic legitimacy.
• Still lack diversity, affecting perceived legitimacy.
• Accusations of “judicial activism” when courts make controversial rulings.
• Public confidence sometimes undermined by media criticism of lenient sentencing.

Conclusion

• The role of judges spans criminal, civil, constitutional, and administrative law.
• They apply and interpret law, manage trials, safeguard rights, and contribute to legal development.
• Their constitutional role as guardians of the rule of law ensures fairness, morality, and justice remain at the heart of the legal system.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course