Text 2. Judges

The judge is the presiding officer of the court. The statutory basis for the appointment of judges dates from the Act of Settlement 1700¹.

Judges are not themselves a separate profession: they are barristers who have been elevated to the bench², itself a name derived from the part of the Court where they sit. The judge decides the interpretation of the law. After all the evidence has been given the judge summarizes the case, both law and facts, for the jury. This is called his summing up.

Judges cannot be removed from office on account of political considerations – the independence of the judiciary is, at least theoretically, guaranteed.

The professional judges, “High Court Judges”, deal with the most serious crimes. They are paid salaries by the state. Alongside with professional judges there are unpaid judges. They are called “Magistrates” or “Justices of the Peace” (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have “sound common sense⁴” and understanding of their fellow human beings. They give up their time voluntarily.

Magistrates are selected by special committees in every town and district. Nobody, not even the Magistrates themselves, knows who is on the special committee in their area. The committee tries to draw Magistrates from different professions and social classes.

The work of the Magistrates’ Courts⁵ throughout the country depends on the unpaid services of JPs.

Notes:

¹ Act of Settlement – Акт о престолонаследии (облек Ганноверскую династию правом престолонаследия, закрепив английский престол за протестантами).

²...be elevated to the bench – возвысить до положения судьи (букв, скамья, используется в собирательном смысле по отношению к судьям или магистратам в суде).

³ Magistrate, Justice of the Peace (JP) – судья, мировой судья.

⁴ “Sound common sense” – (зд.) чувство здравого смысла

⁵ Magistrates’ Court – суд магистратов, мировой суд (рассматривает дела о мелких преступлениях).