The Judiciary

Question 1

Define the judiciary

Answer 1

-Group of judges
-Work on diff levels, functions similar to but power different

Question 2

Legislation for judges

Answer 2

-Courts and legal services act 1990 laid down criteria for appointment of each level of judge
Amended by constitutional reform act 005 and Tribunal courts and enforcement act 2007

Question 3

What are the two different types of judges?

Answer 3

-Inferior and superior

Question 4

What are the types of inferior judges?

Answer 4

-District
-Recorder
-Circuit
-tribunal

Question 5

Superior judges

Answer 5

-High court judge
-Lord/lady justices of appeal
-justices of the Supreme Court
-Head of judiciary is the lord chief justice
-those who have more power and can make decisions on appeals

Question 6

Where do the inferior judges sit?

Answer 6

-Circuit: cc and county
-Recorders: part time, cc and county
-District: small claims in county, also magistrates

Question 7

Justice of Supreme court (how to become)

Answer 7

-judge in coa or qualified to appear in senior courts for 15 yrs
-constitutional reform act 2005, max of 12 justices
-hear final appeals

Question 8

Selection of justices of the Supreme Court

Answer 8

-up to 2005 lord chancellor selected. Lord chancellor political appointment - not independent
-changed by constitutional reforms act
-judicial appointments commission
-select 500 a year
-can’t be appointed unless recommended by commission
-must consult w lord chief justice and another judge before recommending

Question 9

Role of justices of sc

Answer 9

-hear 100 appeal cases a year
-civil or criminal
-maj civil appeal
-complicated areas of law
-min 3 on panel
-brexit case 2016 11 judges
-any decision become precedent

Question 10

Lord justice of appeal (how to become)

Answer 10

-qualified as barrister or solicitor, experience for 7 yrs or be HC judge
-appointed by queen
-sit in civil coa and hear appeals from county or high court
-sit in crim coa hear appeals from crown court

Question 11

High court judges (how to become)

Answer 11

-qual as barrister or solicitor for 7 years or circuit for 2 years
-appointed by queen
-assigned to one of divisions of high court and hear claims
-deputy HC judges also appointed like this
-majority in practice for 20 or 30 yrs
-expected to have prev judicial experience
-sit alongside lord justices in coa to hear appeals relating to their divisions

Question 12

Circuit judge (how to become)

Answer 12

-solicitor or barrister, right of audience for 10 years
-served part time as recorder in criminal cases or full time as district in civil before appointed
-hear crim and civil cases

Question 13

Recorder

Answer 13

-part time for qualified barristers or solicitors who have 7 yrs experience
-recorder in training then recorder
-less serious civil cases and criminal cases

Question 14

District judge (how to become)

Answer 14

-full time
-qual as barrister or solicitor for 5 yrs or been deputy district judge
-majority are former solicitors
-Tribunals courts and enforcement act 2007 allow culex to be deputy district judge
-civil and criminal cases, county and mag court

Question 15

Role of inferior judges in civil court

Answer 15

-county and HC sit on own to deal with aspects of case
-deal with pretrial matters (management and timetable)
-trial, hear evidence, listen to legal arguments, look at case papers, decide facts and how law applies, make decision who has won.
-in contract and tort, decide damages payable or other remedy
-decide who should pay legal costs

Question 16

Role of superior judges in civil cases

Answer 16

-appeal court judges and sc hear argument on legal points in case, decide if decision should stand or appeal be allowed
-against liability or remedy
-only to SC if important point of law or issue of general public importance

Question 17

Role of inferior judges in criminal cases

Answer 17

-mag court district sits on own to decide if dft guilty or not, sentence.
-CC: judge sits w jury when dft pleads NG to TEW or indictable. Decide legal issues, sentence when found or pleaded guilty, take legal submissions into account

Question 18

Role of superior judges in criminal court

Answer 18

-Appeal to COA against sentence and conviction. 3 judges hear legal arguments, confirm or vary decision or sentence
-further appeal to sc, only if leave to appeal granted. 5 will hear legal arguments, no evidence. Either agree or overrule coa.

Question 19

How is separation of powers maintained?

Answer 19

3 arms of state by Montesquieu
1. Legislature: parliament. Law making
2. Executive: government. Body administering law. Puts forward ideas on how to run country, P votes so can’t overstep
3. Judiciary: judges, decide cases and apply relevant laws

Question 20

Where is there overlap?

Answer 20

-Between the legislature and executive as ministers in government also sit in parliament and active in law making
-Lord chancellor involved in all three but role in relation to judiciary reduced. Little overlap w judiciary and others, important as executive don’t overstep

Question 21

How does security of tenure support independence of the judiciary?

Answer 21

-superior judges can’t be dismissed by gov, only monarch after petition from both houses. Protection from politics and can be independent in judgement without fear of being dismissed
-inferior don’t have same. Lord chancellor w consent of lord chief justice has power to dismiss them for incapacity or misbehaviour

Question 22

Act which supports judicial independence

Answer 22

-s3 Constitutional reform act 2005
-Lord chancellor and others in gov must uphold continued independence of judiciary
-Lord chancellor and gov minsters not to influence particular decisions

Question 23

How does immunity from suit support independence of the judiciary

Answer 23

Judges given immunity from prosecution for any judicial acts.
-can perform duties without fear of repercussions
-can’t be sued in civil cases
-includes defamation claim for anything said abt parties or witnesses

Question 24

Case for immunity from suit

Answer 24

-Sirros v Moore
-Wrongly ordered detention. Claimed false imprisonment against judge. COA decided detention unlawful but no action against judge as acted in good faith

Question 25

Independence from legislature

Answer 25

Judges not involved in law making
Full time judges can be MP’s
Recorders can be MP’s
Creation SC in 2009 to separate judiciary from legislature, used to be judges in HL when HL was final court
Salaries from consolidated fund, no authority by P
But p can change retirement ages and qualifying periods for pensions

Question 26

Independence from the executive

Answer 26

Gov can’t dismiss sup judges
Don’t have to agree w gov
Judicial appointment commission appoint

S3 Constitutional reform act 2005 - Lord chancellor and other members relating to jud must uphold independence
Lord chancellor must not seek to influence

Question 27

Independence from case

Answer 27

-Judges mustn’t hear cases if they have any interest

Question 28

Case for independence from case

Answer 28

-R v Pinochet: HL judges heard appeal. Extradite to chile for torture and death while head of state the. Amnesty allowed to pp. HL decided to extradite. Lord Hoffman director of amnesty. Not fair. Need to be completely unbiased

Question 29

Judicial review

Answer 29

-Shows independence
-Hearing in DC of QBD, decisions of gov ministers can be challenged by a person who has standing.
-R v Home Secretary ex party fire brigades (changes to crim injuries comp scheme by Home Secretary unlawful)

Question 30

Human rights

Answer 30

-Able to hear cases abt human rights
-H rights act 1998 incorporates ECHR into uk law, judges have power to declare act is incompatible with convention
H v Menta health review tribunal

Question 31

Advantages of judiciary

Answer 31

-diversity grad improving. 1967 2.7% female now over 50%. Only 10% BAME. In 1990s no BAME
-Judicial appointment council aware, 5 yr plan to inc diversity
-highly educated
-lots of judges middle aged, lost of experience with law
-more women. 2020 32% court judges, 26% superior judges, SC 2 female members.

Question 32

Disadv of judiciary

Answer 32

-White upper class men. Not modern Britain, mistrust
-Many educated at private school and oxford/cambridge 90% of HL/coa went to Oxbridge but inferior penny derbyshire, no district went to private. 1997-99 73% to public. Only 1/6 district oxbridge (mag)
-middle age when appointed, out of touch w society. Need a lot of experience. Late 40s for HC
-only 23% women in coa and 27% HC. Not rep of female pop

Question 33

Advantages of judicial independence

Answer 33

-protects liberty of indiv from abuse of power by exec. If gov could control judge decisions, opponents of gov imprisoned
-Gov can’t force to resign if gov disagrees. Judicial review judges have to decide if an act by govv is reasonable, important to be carried out without fear Sirros v Moore. Detention.
-public confidence, impartial only evidence, pinochet
-reinforces sep of powers - overlap between P and gov so good judiciary more separate, protects rule of law

Question 34

Disadvantages of judicial independence

Answer 34

-can protect against unlawful acts of gov, judges independent, decisions are made based on facts and case law
-p sovereignty, can’t be challenged
-bias judge personal opinion
-tenure judges not challenged
-inferior judges removed by lord chancellor or chief justice. Overlap with other arms