kelly & slapper

Cash for wig - Lord Irvine asked pro labour party lawyers to donate at a fundraising party.




McGonnell v UK - Bailiff acted as a judge in a case which he also played admin role - in breach of Art 6



LC continued not to sit on cases where potential conflict of interst



Dutch member Mr Jurgens - UK would not be admited unless their judges are totally independent



Lord Irvine argued against a change in legal system simply for the sake of constitional purity



Dept of Constitutional Affair replaced the LC's office



Lord Falconer - new SS for DCA and LC



The UK constitution never actually incoporated a strict separation of powers



in France there is a distinct Constitutional Court, with the power to strike down legislation if they are unconstitutional



3 additional legal office:



AG - political appointee, member of the executive, govt's advisor



the Solicitor General is the AG's deputy



DPP - head of national CPS, oversee the prosecution of criminal offences.



Lady Hale does not have a barrister career (although she has the qualification)



Appointment:



for district judge and lay magistrates, LC directly appoints



for SC judge, PM must recommend that appointment to the Queen



JAC is required to consult a number of people under CRA 2005



Radmacher v Grantino: SC, 8:1



prenuptial agreement



Feminist Judgments: From theory to Practice: a book, trying to rejudge several notable case from a feminist approach



CRA 2005: Judicial Office & Judicial College replaced the Judicial Study Board



Equal treatment training: insensitive to the sensitivities of others. Equal Treatment Bench Book



only 2 judges and 3 magistrates said the equal treatment training is not helpful



Retirement



- all judge retire at 70. Part time also 70. judicial pensions are available when judge served for 20 years, this force them to take up the appointments at 50. this reduce earning of those high earning QC.



Summer 2005, Sir Hugh returned the private practice. LC was upset that he broke the unwritten rule that joining the judiciary is a one-way street. But Sir Huge was not comfortable that he needs to sit cases about tax, while he was an expert in intellectual property law.



Removal



CRA gives LCJ new power to advise, warn, reprimand judges. LCJ can also suspend them in relation to criminal offences, with agreement from LC.



The Office for Judicial Complaints



CRA also set this up. In 2009/10 the most common complaint related to inappropriate behaviour or comments. The next one: discrimination. 28 office holders were removed.



Senior judges: Crown could remove on presentation of an address by both Houses. (never been used)



Inferior judges: can be removed because of misbehaviour/incapacity by LC, who does not require approval from P (even the famous Judge Richard Gee was not removed in this way, conspiracy to committee offence under Theft Act. Gee had been suspended on full pay) (only judge to be removed for misbehaviour was 1983, smuggling alcohol and cigarette)



Sirros v Moore - judges cannot be sued in relation to things said or acts done in their judicial capacity. Sedley criticised: judges have no authority to act maliciously.



magistrates



3 types:



unpaid part-time lay magistrates



full-time professional magistrates (known as district judges(magistrates' courts)



deputy district judge (magistrates' courts)



magistrates are appointed after consultation with local advisory committees. It was the intention of JAC to eventually select magistrates, but MOJ will handle at present



S.50 Employment Rights Act 1996 - employers are obliged to release employees to permit them to serve as magistrates. No need to pay salary though, and magistrates are entitled to claim expenses.



local advisory would ensure if the bench broadly reflects the diversity.



one individual may not be appointed if their presence would exacerbate an imbalance



March 1999, LCD launched campaign to attract wider selection of candidates to apply.











Kind Regards,

Helen

_______________________________________________________________

Helen Ho
Production
Global Translation Services
RR Donnelley

22/F
Nexxus Building
41 Connaught Road Central
Hong Kong

(Office: +852 2509 2060
Fax +852-2509 0711
gts.asia@rrd.com
www.rrdtranslations.com )

The information contained in this e-mail message is intended for the named recipients only. It may contain confidential information or be subject to an attorney-client privilege. If you have received this message in error, please contact the sender immediately by return e-mail or by telephone, delete the message and do not disclose its content to any person.