The role and appointment of judges.

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Judges

a) The judge in a criminal case is responsible for all matters of law, and for making sure that all the rules of procedure are properly applied. Before the criminal trial starts, the judge looks over the details of the case by reading the case papers. He/she may have been involved in pre trial matters such as whether to grant bail or not and the plea and directions hearing.

At the start of the trial he/she supervises the selection and swearing in of the jury and explains to them what their role is.

The judge is active during the trial, controlling the way the case is conducted according to the rules of evidence and procedure; he will make sure all parties involved are given the opportunity for their case to be presented and considered. As the case progresses the judge makes notes of the evidence and makes any necessary decisions on legal issues e.g. if the evidence is admissible; if not he/she will tell the jury to ignore that evidence.

Once all evidence in the case has been heard, the judge makes his/her summing up to the jury. The judge sets out the law on each of the charges made and what the prosecution must prove if the jury are to find the defendant guilty on each charge. He/she will outline the strengths and weaknesses of the arguments for both prosecution and defence and remind the jury of the key points of the case. He will then answer any questions or matters that might arise during the deliberations of the jury and will advise the jury when a majority verdict is acceptable.

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If the jury find the defendant guilty, the judge will decide on an appropriate sentence. He/she will then discharge the jury, and if the case has been long and distressing, excuse the jurors from any further jury service. If the jury find the defendant not guilty, the judge will free the defendant. He/she will then discharge the jury and make appropriate order about the cost of the trial.

b) The first stage in which judges are appointed is an advertisement. Most positions are advertised widely in the national press, the legal press and online. The Judicial Appointments Commission ...

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