Bench (law) in the context of "Courtroom"

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⭐ Core Definition: Bench (law)

Bench used in a legal context can have several meanings. First, it can simply indicate the location in a courtroom where a judge sits. Second, the term bench is a metonym used to describe members of the judiciary collectively, or the judges of a particular court, such as the King's Bench or the Common Bench in England and Wales, or the federal bench in the United States. Third, the term is used to differentiate judges, who are referred to as "the bench", from attorneys or barristers, who are referred to as "the bar". The phrase "bench and bar" denotes all judges and lawyers collectively. The term "full bench" is used when all the judges of a certain court sit together to hear a case, as in the phrase "before the full bench", which is also referred to as en banc.

The historical roots of the term come from judges formerly having sat on long seats or benches (freestanding or against a wall) when presiding over a court. The bench is usually an elevated desk area that allows a judge to view, and to be seen by, the entire courtroom. The bench was a typical feature of the courts of the Order of St. John in Malta, such as at the Castellania, where judges and the nominated College of Advocates sat for court cases and review laws.

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Bench (law) in the context of Sheriffs of London

Two Sheriffs of the City of London are elected annually by the members of the City livery companies. Today's Sheriffs have only ceremonial duties, but the historical officeholders held important judicial responsibilities. They have attended the justices at the Central Criminal Court, Old Bailey, since its original role as the court for the City and Middlesex.

The Sheriffs reside at the Old Bailey during their year of service, so that one of them can always be attendant on the judges. In Court No. 1 the bench's principal chairs are reserved for their and the Lord Mayor's use, with the Sword of the City hanging behind the bench. It is an invariable custom that the Lord Mayor of London must previously have served as Sheriff. To become a Sheriff, one must be lawfully entitled to armorial bearings by proving their right by descent, whilst those not armigerous by birth can apply for a grant from the College of Arms to run for office.

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Bench (law) in the context of High Court of Justiciary

The High Court of Justiciary (Scottish Gaelic: Àrd-chùirt a' Cheartais) is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent Justiciary Building (the former Sheriff Court building) in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.

The president of the High Court is the Lord Justice General, who holds office ex officio by virtue of being Lord President of the Court of Session, and his depute is the Lord Justice Clerk. The remaining judges are the Lords Commissioners of Justiciary, who hold office ex officio by virtue of being appointed as Senators of the College of Justice and judges of the Court of Session. As a court of first instance trials are usually heard with a jury of 15 and a single Lord Commissioner of Justiciary; the jury can convict on a majority verdict. In some cases, such as the trial of Abdelbaset al-Megrahi and Lamin Khalifah Fhimah for the bombing of Pan Am Flight 103, a trial can be heard by a bench of judges alone; sitting without a jury. As an appeal court the hearings are always without a jury, with two judges sitting to hear an appeal against sentence, and three judges sit to hear an appeal against conviction.

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