「判事の視点」His Honour ウイトルド・パヴラック（トリニティ１９６６）

His Honour ウイトルド・パヴラック氏は英国のヴドグリーン国王裁判所の裁判官(２００４〜２０１７)の視点について

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１９：００〜１９：３０ His Honour ウイトルド・パヴラック氏「判事の視点」
１９：３０〜２１：３０会食
２１：３０から　二次会

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“The view from the Bench” – His Honour Witold Pawlak

Summary of Judge Pawlak’s talk by Gerhard Fasol

Hierarchy and “Judgeitis”. Courts have a hierarchy with the Judge at the top seated in his or her gown on an elevated dais. Judges are revered and honoured at the court house from morning to night. This respect for judges is for justice, not for the judge as a person.

Lord Hailsham (Quintin Hogg, Baron Hailsham of St Marylebone) in 1978 is said to have spoken about judgeitis, or judges’ disease, the symptoms to include “pomposity, irritability, talkativeness, proneness to obiter dicta [statements not necessary for the decision in the case], a tendency to take short-cuts”. Judge Pawlak gave us a few examples, and thinks that its one of the roles of barristers to stand up to judges in court.

Today judges in the UK are following sentencing guidelines, which are guidelines, not tram lines, deviation in judgements from these guidelines must be justified in each case.

The current situation in the UK is that crime has risen strongly in recent years (from 4.5 million cases to 6 million cases per year over the last few years), while the number of suspects facing justice and the number of prosecutions has decreased because of a decrease in funding for the court and prosecution systems. Average prison sentences are now highest in the past 10 years, and have increased from an average 13.5 months in June 2009 to 17.4 months in 2019. The court system is subject to political priorities.

Judges need to acquire “tickets” by attending training conferences for specialization in special areas. As an example, Judge Pawlak has trained for a “sex ticket” to be qualified to judge sexual crime cases.

Judges have to “steel their hearts” to make judgements based on justice not emotion.

His Honour ウイトルド・パヴラック氏、Wood Green Crown Court (ヴドグリーン国王裁判所)の裁判官(２００４〜２０１７)

Trinity 1966. Called to the Bar in 1970. Practised in contract, tort, environmental, family, financial services and other areas. Memorable cases include re Schwitters (Hospital Patient), Spring v Guardian Assurance and Rv Hertfordshire County Council ex parte Green Environmental. Appointed circuit judge 2004 until 2017 at Wood Green Crown Court (ヴドグリーン国王裁判所), thereafter a Deputy Circuit Judge until April 2020. Training in mediation for mediators in Poland for 10 years. Currently working on the EU Modern Court project in Ukraine.