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Judiciary Duties A judges role has several facets.

Before a case comes to trial he must manage the case, setting and enforcing the timetable and giving appropriate directions (for example, for the exchange of witness statements). In court he must keep order, conduct the hearing according to the rules of of procedure, and rule on the admissibility of evidence, he must also identify and apply the relevant law. In Civil cases he must determine the facts on the basis of the evidence presented, and then determine the facts on the basis of the evidence presented, and then determine the amount of damages or the terms of any injunction or other order. In Criminal cases he must direct the jury on matters of law and guide them in reaching their verdict, if their verdict is guilty he must pass an appropriate sentence. In public law cases the judge has a particularly important role in restraining the abuse of power by the executive. R v Chaaban (2003) Crim LR 658,CA D was charged with blackmail, and sought an adjournment of his trial to allow time to look for further evidence. The Judge refused, the jury convicted and Ds appeal was dismissed. Judge LJ said one of the Judges most important function is managing the trial, taking into account not only the needs of the defendants but those of the prosecution, witnesses and jurors and the public interest in the avoidance of undue delay. The decision to adjourn or not is pre-eminently a matter for him, and the court of Appeal should not intervene unless the refusal is wholly unreasonable. In most of this, however, the judges role is essentially reactive and largely passive: he is there to supervise the proceedings and make appropriate decisions at the end, rather than to take an over-active part in the trial. On the other hand, the judge must give (and must appear to give) proper attention to the matter in hand. In July 2002 a Circuit Judge (Judge Gabriel Hutton, aged 69) was formally reprimanded by the Lord Chancellor for having fallen asleep during the closing stages of a rape trial at Gloucester Crown Court. The weeklong trial had to be abandoned, at a cost of some 35,000 pounds, at a retrial two months later after the defendant was acquitted. It is important for judges to keep in touch with public attitudes, so as to maintain public confidence in the (Criminal) Justice system. The press are quick to report cases in which a judge says something foolish, or passes a sentence that appears unduly heavy or light, through remarks are often taken out of context and newspaper reports may not tell the whole story.

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