Judicial Reasoning

Magistrates

Training of Judges

Judicial Officers

The Lord High Chancellor ↓ Lord Chief Justice ↓ Master of the Rolls ↓ Vice Chancellor ↓ Lords of Appeal in Ordinary ↓ High Court judges ↓ Circuit judges ↓ District judges

Judges receive very little training, although some seminar training is given to assistant recorders. Training of judges was considered, by the Runciman Committee which made recommendations in this area.

Lay justices. Lay justices sit in magistrates’ courts, are part-time and are unpaid, receiving only expenses. They try the majority of minor criminal offences; approximately 98% of all criminal offences are processed through the magistrates’ court. Lay justices are vital to the legal system as they provide a cheap and quick system of justice. They are appointed by the Lord Chancellor from individuals put forward by local organizations. They must be over 21, not be over 60, and, usually, must live or work in the particular area.

Unlike superior judges, magistrates are not subject to the doctrine of judicial independence; many are local councilors. Though a balance is attempted to ensure that certain groups in the population are represented, many groups are in fact excluded. Magistrates are predominantly white, middle-class males and this imbalance causes concern. There are not enough women magistrates: research by Baldwin (1976) showed this tendency to be prevalent and the feeling is that magistrates are not a true representation of the community.

Stipendiary magistrates. The term “magistrate” incorporates the professional stipendiary magistrate, as well as the lay justice of the peace. Stipendiary magistrates are paid, usually barristers or solicitors. They preside over busy magistrates’ courts where the use of lay justices would be impracticable; they can preside on their own.

The justices’ clerk. Lay magistrates can only sit if they have a qualified clerk to assist them. He advises the justices as to the law and practice; however, he is not allowed to interfere with their decision. The clerk is salaried, usually a barrister or solicitor.

Case law and judicial precedent. A prominent element of common law is the principle of stare decisis. It is common to speak today of law being “judge-made”. When deciding a case, judges must look to previous case law decided in similar case. Judges are bound to decide cases using existing legal principles. The doctrine of judicial precedent depends on the hierarchy of the courts for its operation; courts are bound to follow decisions of higher courts, and, usually, previous decisions of its own.

Hierarchy of English courts. The House of Lords. Since 1966, the House is no longer bound by its own decisions. All decisions of the House of Lords are binding on all other courts.

Court	Courts bound by it	Courts it must follow
European Court	All courts	None
House of Lords	All English courts	European Court
Court of Appeal	Divisional courts High Court Crown Courts County courts Magistrates’ courts	European Court House of Lords
Divisional courts	High Court Crown Courts County courts Magistrates’ courts	European Court House of Lords Court of Appeal
High Court	County courts Magistrates’ courts	European Court House of Lords Court of Appeal Divisional courts
Crown Courts County courts Magistrates’ courts	None	European Court House of Lords Court of Appeal Divisional courts High Court

Дата добавления: 2014-12-17