Judicary Flashcards
(25 cards)
- What are the two main categories of judges?
Superior judges (High Court and above) and inferior judges (Circuit Judges and below).
- Who is the head of the Judiciary?
The Lord Chief Justice
- What qualifications are required for a Supreme Court judge?
Must hold high judicial office or be qualified to appear in senior courts for at least 15 years.
- What does the Constitutional Reform Act 2005 state about the Supreme Court?
There should be a maximum of 12 Justices who hear final appeals from all UK courts.
- What is required to become a Lord Justice of Appeal?
Qualified for 7 years and experience in law, or be an existing High Court judge.
- What is required to become a High Court Judge?
Qualified as a barrister or solicitor for 7 years or be a Circuit Judge for 2 years.
- What is required to become a Circuit Judge?
Must be a qualified solicitor or barrister with a ‘right of audience’ for 10 years.
- What is required to become a District Judge?
Qualified for at least 5 years; usually serves as a Deputy District Judge first.
- What is the general role of judges in civil cases?
To resolve disputes fairly and apply the law to each case.
- What decisions do judges make in civil courts?
They hear evidence, apply the law, and decide liability and remedy.
- What is the role of appeal judges in civil courts?
They do not hear evidence but consider legal arguments and decide if the original decision should stand.
- What is the general role of a judge in a criminal trial?
Oversee procedures, rule on law, direct the jury, and impose a sentence.
- What is the role of a District Judge in Magistrates’ Court?
Sit alone, decide guilt, and pass sentence.
- What can appeal judges do in the Court of Appeal (Criminal Division)?
Hear arguments on conviction/sentence and confirm, vary, or quash the decision.
- What is the role of the judge in the Crown Court?
Sit with a jury, direct them, and sentence if the defendant is found guilty.
- What is security of tenure?
Superior judges can’t be dismissed by government—only by a petition to both Houses of Parliament.
- What does the Constitutional Reform Act 2005 say about independence?
Government must uphold judicial independence and not influence judicial decisions.
- What is immunity from suit?
Judges can’t be sued for decisions made in good faith during their duties (e.g., Sirros v Moore).
- What is the role of judicial review?
Judges review the legality of government actions (e.g., R v Home Secretary ex parte Fire Brigades Union).
- How are judges financially independent?
Salaries are paid from the Consolidated Fund and not subject to parliamentary approval.
- What are criticisms of the judiciary?
It’s often viewed as elderly, white, upper-class, and out of touch.
- What are the stats on diversity (April 2020)?
76% of judges over 50, 32% were women, 8% from BAME backgrounds.
- What are the benefits of judicial independence?
Judges can act impartially, protect liberty, and hold government accountable.
- What are some advantages of the current UK judicial system?
Lower average age of judges, more training in judicial skills.
