COURTSCOURTS ANDAND TRIBUNALSTRIBUNALS XII SEMINARIO DE ESTUDIO COMPARADO DE SISTEMAS JUDICIALES Y DE COOPERACIÓN JUDICIAL INTERNACIONAL A TRAVÉS DEL LENGUAJE JURÍDICO Águilas 2010 ConstitutionalConstitutional ReformReform ActAct 20052005 Key changes brought in by the Act: - Duty on government ministers to uphold the independence of the judiciary. - Reform of the post of Lord Chancellor, transferring his judicial functions to the President of the Courts of England and Wales – a new title given to the Lord Chief Justice. - Establishment of a new, independent Supreme Court, separate from the House of Lords and with its own independent appointments system, staff and budget. - A new independent Judicial Appointments Commission, responsible for selecting candidates to recommend for judicial appointment to the Secretary of State for Justice (now Minister of Justice). - A new Judicial Appointments and Conduct Ombudsman, responsible for investigating and making recommendations concerning complaints about the judicial appointments process, and the handling of judicial conduct complaints ÁguilasÁguilas 2010 2010 2 BODIES RESPONSIBLE FOR JUSTICE ÁguilasÁguilas 2010 2010 3 CourtsCourts andand tribunalstribunals Lord Chancellor’s Department Ð Department for Constitutional Affairs (created 2003, started 2005) Ð Ministry of Justice (as of 9th May 2007) ÁguilasÁguilas 2010 2010 4 MinistryMinistry ofof JusticeJustice ((MoJMoJ)) MINISTRY OF JUSTICE (as of 9th May 2007): ¾Replaces Lord Chancellor’s Department & Department for Constitutional Affairs. ¾Responsibilities: reforms to Constitution, administration of courts, appointment of judiciary (Judicial Appointments Commission, JAC), human rights, data protection, freedom of information, coroners, local government elections, etc. ÁguilasÁguilas 2010 2010 5 LordLord ChancellorChancellor Lord Chancellor and Secretary of State for Justice: Rt. Hon. Jack Straw ÁguilasÁguilas 2010 2010 6 LordLord ChancellorChancellor ¾The Lord Chancellor is now the government minister responsible to Parliament for the courts and the justice system. ¾He is a Cabinet Minister and a Member of the House of Commons. ÁguilasÁguilas 2010 2010 7 LordLord ChancellorChancellor CHANGES IN THE ROLE OF THE LORD CHANCELLOR: ¾ Not the Head of the Judiciary anymore. [Lord Chief Justice]. ¾ He was the Speaker of the House of Lords, now he is a Member of the House of Commons. ¾ Not a judge of the Court of Appeal and of the Judicial Committee of the House of Lords. Lord Chancellor HAD legislative, judicial and executive powers Î not in conformance with the European Convention on Human Rights [separation of powers] NOW: Distinction between Government, Parliament and the Judiciary (UK Parliament webpage, (http://www.parliament.uk/about/how/principal/lord_chancellor.cfm) ÁguilasÁguilas 2010 2010 8 TheThe LordLord ChiefChief JusticeJustice LORD CHIEF JUSTICE OF ENGLAND AND WALES • President of the Courts of England and Wales. • Head of the Judiciary of England and Wales. • Head of the Criminal Division of the Court of Appeal. Igor Judge, Baron Judge, PC, QC (born 19 May 1941)[2] is the Lord Chief Justice of England and Wales. ÁguilasÁguilas 2010 2010 9 LordLord ChiefChief JusticeJustice Sir Igor Judge [CoA: Lord Justice Judge] ÁguilasÁguilas 2010 2010 10 LordLord ChancellorChancellor && formerformer LordLord ChiefChief JusticeJustice ÁguilasÁguilas 2010 2010 11 LordLord ChancellorChancellor andand currentcurrent LordLord ChiefChief JusticeJustice ÁguilasÁguilas 2010 2010 12 HerHer MajestyMajesty’’ss CourtCourt ServiceService (HMCS)(HMCS) • HER MAJESTY’S COURTS SERVICE (HMCS), executive agency of the Ministry of Justice (MoJ): manages the business of the courts, including infrastructure and resources. • All staff in HMCS owe a joint duty to the Lord Chancellor and the Lord Chief Justice. • It also administers the Probate Service. Her Majesty’s Court Service: http://www.hmcourts-service.gov.uk/ ÁguilasÁguilas 2010 2010 13 HerHer MajestyMajesty’’ss CourtCourt ServiceService (HMCS)(HMCS) At present there are 652 courts (around 2,600 courtrooms) in England & Wales (of which 400 are magistrates’ courts) staffed by some 20,000 members of HMCS. ÁguilasÁguilas 2010 2010 14 COURTS ÁguilasÁguilas 2010 2010 15 CourtsCourts • THE SUPREME COURT [of the United Kingdom]. Constitutional Reform Act 2005. In Middlesex Guildhall. • SENIOR COURTS OF ENGLAND AND WALES (since Constitutional Reform Act 2005; formerly The Supreme Courts of Judicature): The High Court of Justice, The Crown Court, The Court of Appeal (Criminal & Civil Division). • INFERIOR COURTS: County Courts, Magistrates’ Courts, (Family Proceedings Courts, Youth Courts). • Her Majesty’s Court Service Annual Report and Accounts: http://www.hmcourts-service.gov.uk/cms/files/HMCS- AnnualReportAndAccounts-2008-09.pdf ÁguilasÁguilas 2010 2010 16 CourtsCourts:: judgesjudges && magistratesmagistrates ÁguilasÁguilas 2010 2010 17 CourtsCourts OTHER COURTS: • Judicial Committee of the Privy Council: 5 Lords of Appeal. Court of final appeal for UK Overseas Territories (Falklands, Cayman, Islands, Gibraltar, Bermuda, etc.), Crown Dependencies (Jersey, Guersey, Isle of Man) + some Commonwealth countries. Also for devolution issues and some domestic jurisdiction. “HoL wearing a different wig”. • Coroner’s Court (suspicious deaths). Inquests. • Ecclesiastical Courts (church property, errant clergy). • Courts-Martial (military). • The Restrictive Practices Court (competition). • The Court of Chivalry (heraldry). ÁguilasÁguilas 2010 2010 18 COURTS EXERCISING CIVIL COURTS EXERCISING JURISDICTION CRIMINAL JURISDICTION THE SUPREME COURT OF THE UK COURT OF APPEAL Civil Division Criminal Division HIGH COURT OF JUSTICE CROWN COURT Chancery Family Queen’s criminal Division Division Bench Division Divisional Divisional Administrative Senior Court Court Court courts COUNTY Inferior courts COURTS MAGISTRATES’ COURTS TRIBUNALS ÁguilasÁguilas 2010 2010 19 ÁguilasÁguilas 2010 2010 20 MAGISTRATES’ COURTS ÁguilasÁguilas 2010 2010 21 MagistratesMagistrates’’ CourtsCourts Bow Street Magistrates’ Court (London) ÁguilasÁguilas 2010 2010 22 MagistratesMagistrates’’ CourtsCourts 2008/2009: 2.03 million criminal cases heard in magistrates’ courts (as compared with approximately 120,000 in the Crown Court). http://www.justice.gov.uk/publications/judicialand courtstatistics.htm ÁguilasÁguilas 2010 2010 23 MagistratesMagistrates’’ CourtsCourts 2009: 29,270 magistrates ÁguilasÁguilas 2010 2010 24 MagistratesMagistrates’’ CourtsCourts • They include Family Proceedings Courts & Youth Courts. • Panel (Bench) of 3 magistrates (Justices of the Peace) supported by a legally qualified/trained court clerk (Legal Advisor). Advice given in open court or summarised in open court → transparency. • Not paid (but allowances). ÁguilasÁguilas 2010 2010 25 MagistratesMagistrates’’ CourtsCourts • Also District Judges (“stipendiary magistrates” until August 2000) sitting alone. Requirements: 7 years’ experience (minimum) as Barrister or Solicitor and 2 years’ experience as Deputy District Judge. • Maximum penalty available to Magistrates’ Courts: 6 months imprisonment and/or a fine of £5,000.00. • Also deal with some civil cases (family matters, betting and gaming). ÁguilasÁguilas 2010 2010 26 MagistratesMagistrates’’ CourtsCourts Magistrates deal with three kinds of cases: • Summary offences: less serious cases, such as motoring offences and minor assaults, where the defendant is not usually entitled to trial by jury. • Either-way offences: these can be dealt with either by the Magistrates or before a judge + jury at the Crown Court. Examples: theft, handling stolen goods. A defendant can insist on their right to trial in the Crown Court. Similarly, Magistrates can decide that a case is sufficiently serious that it should be dealt with in the Crown Court – which can impose tougher sentences if the defendant is found guilty. • Preliminary stages of indictable-only offences, such as murder, manslaughter, rape and robbery. These must be heard at a Crown Court (commit for trial). ÁguilasÁguilas 2010 2010 27 FamilyFamily ProceedingsProceedings CourtsCourts && YouthYouth CourtsCourts • Specialised form of Magistrates’ courts. • Youth Courts not open to general public. • Youth Courts: 10 to 17 year olds (BUT NOT serious offences, homicide & rape -Crown Court-). ÁguilasÁguilas 2010 2010 28 YouthYouth CourtsCourts ÁguilasÁguilas 2010 2010 29 COUNTY COURTS ÁguilasÁguilas 2010 2010 30 CountyCounty CourtsCourts Manchester’s Civil Justice Centre (houses County Court). Crown Court + County Court= combined court ÁguilasÁguilas 2010 2010 31 CountyCounty CourtsCourts • 218 across England & Wales. • Majority of civil litigation, subject to nature of the claim: debt repayment, personal injury, breach of contract (concerning goods or property), family issues (divorce or adoption), housing disputes (mortgage, etc.). • Governed by County Courts Act 1984 + Civil Procedure Rules 1998 (CPR). • District judges. ÁguilasÁguilas 2010 2010 32 CROWN COURT ÁguilasÁguilas 2010 2010 33 CrownCrown CourtCourt Old Bailey (London), Central Criminal Court ÁguilasÁguilas 2010 2010 34 CrownCrown CourtCourt • 78 centres across England and Wales. • Trials for indictable offences (serious criminal cases: murder, rape, robbery), appeals from magistrates’ courts, cases for sentence. • Except in very limited circumstances, all trials take place with a jury. • Trials: 1 judge + 12-person (randomly selected citizens) jury. • Presided over by High Court Judges, Circuit Judges or Recorders. • Divided