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An English Judge

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  1. Executive summary
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It is possible for an English Judge to have a minor part in the course of a trial. The role of the Judge is to monitor the procedure, to ensure that it is fair to both parties and that the final decision is taken based on the facts. To do so, he rules on the evidence that is put before him views this in the context of the jurisprudence and legislation. The generally accepted view is that the Judge should simply bring the facts within the established framework of these two elements, however there is no denying the fact that, in this way, the Judge has an important role in the creation of law.
Once the Judge or jury decides the guilt or innocence of the accused (if the accused is found guilty) it is up to the Judge to impose a sentence.

Conducting the case -

a) The Judge and the parties

We find ourselves in a strictly adversarial system, the contradictory research of the truth is served by both parties and the Judge does not "directing the discussion. He does not ask the accused to receive their returns or to determine the order in which witnesses pass. The parties also pose their questions to him directly, by passing the president (as is the case in France now). The English judge is a referee ? silent, responsible for enforcing a strict neutrality between the prosecution and the defense.

Lord Denning said that "It is for the judge to listen to the debates and ask questions of witnesses only if it is necessary to clarify a matter that has been overlooked or to clarify what remains obscure, and must oversee the conduct of lawyers and the rules of the law and must exclude any evidence that is irrelevant and discourages the extension of the debates, he must ensure by wise intervention that includes the fair value of the arguments of lawyers If the judge exceeds these limits, it exchanges the roles of the magistrate and that of the lawyer." (Ex parte Lloyd, 1822, per Lord Eldon)

b) The Judge and his rights:
Appellate courts have repeatedly pointed out that a Judge's job is to find the facts in the evidence that is laid down before him and then apply the law to those facts to arrive at a fair decision. Lord Wilberforce said that the court must find "the truth independently. There is only one exception to this principle: when the facts are mingled with the problem of child custody. In this case, the child's best interests must come before everything else.?

But the strict application of the law is not always possible. In the case of Jones v Secretary of State for Social Services (1972), Lord Simon said that, if no law would suit the case, the judges will not innovate, they will just discover and explain principles that are already contained in the law to address the situation.

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