What are courts for What are courts for To uphold the law What are courts for To uphold the law To protect peoples rights What are courts for To uphold the law To protect peoples rights ID: 780797
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Slide1
Judicial ethics& conduct
Slide2What are courts for?
Slide3What are courts for?
To uphold the law
Slide4What are courts for?
To uphold the law
To protect people’s rights
Slide5What are courts for?
To uphold the law
To protect people’s rights
To enforce duties
Slide6What are courts for?
To uphold the law
To protect people’s rights
To enforce duties
To decide disputes
Slide7“
Both in common law and civil law jurisdictions the existence of a proper functioning democracy and a flourishing economy is dependent upon the existence of an effective and efficient independent and impartial legal system that upholds the rights of the individual citizen…”
Slide8“...Such a system is in turn dependent upon the existence of a hard working judiciary of high
calibre
and integrity that is committed to providing justice of the highest possible quality…”
Slide9“...The judiciary is the heart of the legal system. If it is of this quality it can cleanse the remainder of the system but if it allows itself to be contaminated by corruption or impropriety, the very existence of any sort of justice will be in doubt
.”
Lord Woolf, April 2011
Slide10Roles of the Judge:
CRIMINAL TRIAL:
Slide11Roles of the Judge:
CRIMINAL TRIAL:
Control the hearing
Slide12Roles of the Judge:
CRIMINAL TRIAL:
Control the hearing
Rule on the law
Slide13Roles of the Judge:
CRIMINAL TRIAL:
Control the hearing
Rule on the law
Find the facts based on the evidence (to the appropriate standard of proof)
Slide14Roles of the Judge:
CRIMINAL TRIAL:
Control the hearing
Rule on the law
Find the facts based on the evidence (to the appropriate standard of proof)
Give a reasoned judgment
Slide15Roles of the Judge:
CRIMINAL TRIAL:
Control the hearing
Rule on the law
Find the facts based on the evidence (to the appropriate standard of proof)
Give a reasoned judgment
Sentence according to law
Slide16Roles of the Judge:
CIVIL TRIAL:
Slide17Roles of the Judge:
CIVIL TRIAL:
Find the facts based on the evidence (to the appropriate standard of proof)
Slide18Roles of the Judge:
CIVIL TRIAL:
Find the facts based on the evidence (to the appropriate standard of proof)
Identify, interpret and apply the law
Slide19Roles of the Judge:
CIVIL TRIAL:
Find the facts based on the evidence (to the appropriate standard of proof)
Identify, interpret and apply the law
Give a reasoned judgment
Slide20Roles of the Judge:
CIVIL TRIAL:
Find the facts based on the evidence (to the appropriate standard of proof)
Identify, interpret and apply the law
Give a reasoned judgment
Decide on the appropriate remedy
Slide21Roles of the Judge:
IN ALL CASES:
Slide22Roles of the Judge:
IN ALL CASES:
ENSURE A FAIR HEARING
Slide23European Convention for the Protection of Human Rights and Fundamental Freedoms - Article 6
Slide24European Convention for the Protection of Human Rights and Fundamental Freedoms - Article 6
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to:
Slide25European Convention for the Protection of Human Rights and Fundamental Freedoms - Article 6
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to:
A fair and public hearing
Slide26European Convention for the Protection of Human Rights and Fundamental Freedoms - Article 6
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to:
A fair and public hearing
Within a reasonable time
Slide27European Convention for the Protection of Human Rights and Fundamental Freedoms - Article 6
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to:
A fair and public hearing
Within a reasonable time
By an independent and impartial tribunal established by law
Slide28The Judicial Oath in England & Wales:
“I do swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of --------------, and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will.”
Slide29The Judicial Oath in Bulgaria:
"In the name of the people, I take my oath that I shall strictly abide by the Constitution and the laws of the Republic of Bulgaria; I shall discharge my duties according to my conscience and inner conviction; I shall be impartial, objective, and fair; I shall contribute to raising the prestige of the profession; I shall keep the secret of the deliberation, always remembering that I am responsible before the law for everything. I have taken my oath!"
Slide30The Judicial Oath in Latvia:
“I
xxxxxx
undertaking the duties of a judge, am aware of the responsibility entrusted to me, and solemnly swear to be honest and fair, to be loyal to the Republic of Latvia, to always endeavour to determine the truth, never to betray it, and to adjudge strictly in accordance with the Constitution and the laws of the Republic of Latvia.”
Slide31The Judicial Oath in Albania:
“I solemnly swear that during the performance of my duty I will always be faithful to the Constitution of the Republic of Albania, the laws in force and I will respect the rules of professional ethics.”
Slide32“A judge must free himself of prejudice and partiality and so conduct himself, in court and out of it, as to give no ground for doubting his ability and willingness to decide cases coming before him solely on their legal and factual merits, as they appear to him in the exercise of an objective, independent and impartial judgment.”
Lord Bingham (1993)
Slide33The Bangalore Principles
of Judicial Conduct 2002
Value 1:
“Judicial Independence:
Is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. A Judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects.”
Slide34
Slide35The Bangalore Principles
of Judicial Conduct 2002
Value 2:
“Impartiality:
Is essential to the proper discharge of the judicial office. It applies not only to the decision itself but also to the process by which the decision is made.”
Slide36The Bangalore Principles
of Judicial Conduct 2002
Value 3:
“Integrity:
Is essential to the proper discharge of the judicial office.”
Slide37The Bangalore Principles
of Judicial Conduct 2002
Value 4:
“Propriety:
And the appearance of propriety, are essential to the performance of all of the activities of a Judge.”
Slide38The Bangalore Principles
of Judicial Conduct 2002
Value 5:
“Equality:
Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial office.”
Slide39The Bangalore Principles
of Judicial Conduct 2002
Value 6:
“Competence and Diligence:
Are pre-requisites to the due performance of judicial office.”
Slide40A seventh value ?
Good Communication:
Slide41A seventh value ?
Good Communication:
Enabling people to say what they need to say
Slide42A seventh value ?
Good Communication:
Enabling people to say what they need to say
Understanding what people are trying to say
Slide43A seventh value ?
Good Communication:
Enabling people to say what they need to say
Understanding what people are trying to say
Ensuring that people understand what the Judge is saying
Slide44THANK YOU !
His Honour Judge Andrew Hatton
Director of Training
Judicial College