University:
University College London
Course:
LAWS0007 | Criminal Law
Academic year:

2024
Views:

200

Pages:

3
Author:

Namira A.

The Need for a Criminal Division of the High Court? Date: October 9, 2023 Lecture: Professor David Ormerod Overview 1. Criminal Judge craft is distinctive a. Both at first instance and on appeal 2. KBD judges’ criminal roles - murders and permissions to appeal a. Complexities of those core roles expose need for criminal judicial experience 3. Options to ensure optimal decision-makers? a. More effective training b. A new subdivision of the KBD c. A new Division of the High Court? Introduction Crime is not "easy". It needs same skills of statutory interpretation and Fair share constitutional issues arise. The Distinctiveness of Trying Crime Crown Court Trials "Often like driving an HGV with no brakes and dodgy steering, hoping to come to a stop somewhere, safely." - Trying crime matters - Judges have ever more onerous management role - Judge shares decision-making role with jury Appellate Criminal Judge Craft 1. Requires appellate judge to do more by way of "reconstruction" a. Pace and unpredictability of trial results in fewer careful written rulings b. No written reasoned judgment - just (written) directions and (inscrutable) verdict "Prior Experience Highly Desirable" Expertise best exhibited by those with knowledge acquired by experience. Decision makers typically 'demonstrate expertise by recognizing problems as situations experienced before' - J. K. Phillips, G. Klein and W. R. Sieck, 'Expertise in Judgment and Decision Making: A Case for Training Intuitive Decision Skills' in D. J. Koehler and N. Harvey, eds, Blackwell Handbook of Judgment and Decision Making (2015). Expert decision making: Comprehensive, final, consistent and efficient as well as with greater self- reliance The KBD Judges Criminal Roles The High Court - Current Divisions The KBD Judge And The Criminal Law - Once appointed to KBD judge will: 1) Try murders (often most serious and high-profile ones). 2) Make decisions on permission for leave to appeal under s 31 CAA. - Appointment does not require any criminal experience: 1) Most have some experience as Recorders in Crown Court. 2) Small minority have sat as Criminal Circuit Judges. - Given these roles is the current system optimal in equipping the KB judge? Are KBD Judges Well-Equipped To Try Murder? - Murder is unique in stigma and sentence 1. Substantive law issues a. Conceptually complex - e.g. causation b. Judicially demanding e.g. partial defenses 2. Evidentially sensitive and technical a. Bad character, rap, drill, etc. b. Scientific and medical evidence 3. Procedurally – challenging a. Witnesses in fear, hostile and emotive b. Often multi-handed and some conflict (cut throats) c. Interrelationship with manslaughter 4. Sentencing - in the spotlight a. Sch 21, victim's family, press - Typically ticketed only after 5 years as a full-time circuit judge Decision-Making of the Single Judge 1. S31 Applications = 4227 cases 2. Applications Refused = 3321 cases 3. Renewed Applications = 917 cases 4. Granted Renewed Applications = 94 cases 5. Appeal Allowed = 58 cases