Role and Importance of Juries in the English Criminal Legal System

LAW ESSAY

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
ESSAY.............................................................................................................................................1
REFERENCES................................................................................................................................4

INTRODUCTION
Essay is written about the current jury system of the English criminal legal system. Essay is
about the role and importance of juries in an democracy. It will involve critical analysis on the
juries whether they help democracy in shining or they are just undemocratic haphazard
legislative.
ESSAY
Current jury process
Under British constitution judges play central role. Constitution deals basic principle of rule of
law. Under this law judges are required to give judgement in an impartial manner with strict
application of law, and ensuring that personal preferences are not affecting the decisions. Judges
in controlling exercise of power play sensitive role in state 1. After passing Human Rights Act,
1998 powers of judges for controlling parliamentary and executive work were increased.
They are playing central role in legal system. President is the head of Court of England
and Wales. He is officially president of Court of Appeal, high court, Crown court, country court
and magistrate courts. President can hear cases of any of these courts, but he only sits in Court of
Law. Hierarchy of judges is given as Lord of Appeal, Lord chief justice, master of rolls, lord
justice of law, high court judge, circuit judge , district judge, district judge of magistrate court
and recorder 2.
The appointment procedures of the judges are critically reformed through provisions in
Constitutional Reform Act, 2005. For knowing the appointment procedures, it is essential to
know the previous procedures. Consultation Reform was published for appointing judges in
2003. Constitutional reform Act was passed for establishments of Judicial Appointment
Commission for process of judicial appointment. Under schedule 12, Commission is having 14
members in which 5 lay members, 5 judges, 2 legal professional, tribunal member & lay
magistrate. Appointment of members is made by Queen on recommendations of Lord
Chancellor. Candidate are selected on basis of merit 3. In Tribunals, Courts and Enforcement
Act, 2007 Part 2 contain provisions for widening the scope of lawyers who are eligible of
1 Gobert J. Justice, democracy and the jury. Routledge; 2019 Jun 4.
2 Legal System. 2019. [Online]. Available through:
<https://www.academia.edu/33291259/English_Legal_System_TENTH_EDITION>.
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