Legal Personnel: Independance of the judiciary

Question 1

Removal of judges - What act is associated with senior judges?

Answer 1

The Senior Courts Act 1981

Question 2

Removal of judges - What does The Senior Courts Act 1981 do?

Answer 2

Gives security of tenure to HCJ and LJoA

Question 3

Removal of judges - What Act is associated with the SC?

Answer 3

The Constitutional Reform Act 2005

Question 4

Removal of judges - What does The Constitutional Reform Act 2005 do?

Answer 4

Gives SC judges the same security of tenure

Question 5

What is the point of security of tenure?

Answer 5

Judges can only be removed by the monarch after they receive a petition from both HoP
Ensures judges are free from political influence and able to make independent judgements without the fear of losing their livelihood

Question 6

When has the removal of judges power been used?

Answer 6

To remove an Irish judge on 1830 after he stole £700 from court funds

Question 7

What is a judge is ill?

Answer 7

Senior Courts Act 1981 gives the Lord Chief Justice power to consult the Lord Chancellor and declare the office ‘vacant’ of a judge who is unable to do their job due to ill health, unable to make decision to resign

Question 8

In the past, when has the power been used to remove ill judges?

Answer 8

Mr Justice Hallet in 1959 and Mr Justice Harman in 1998

Question 9

What act is associated with inferior judges?

Answer 9

The Constitutional Reform Act 2005

Question 10

What does the CRA 2005 do?

Answer 10

Lord Chancellor can remove any inferior judges for incapacity of misbehaviour
Lord Chief Justice can also suspend/discipline any judge subject to criminal proceedings/been convicted
Only excercised if Lord Chancellor agrees

Question 11

What is Independence from the legislature?

Answer 11

Main criticism of Judges taking part of law-making functions of Parliament was the placement of Law Lords when they were in the HOL

Question 12

Under the CRA 2005, what was created?

Answer 12

The SC
Judges moved to new court in October 2009

Question 13

What is Immunity from suit?

Answer 13

Judges have immunity from suit, so they can’t be prosecuted/sued for decisions made in the course of their judicial course
Can’t be sued for defamation unless talk to others outside of courtroom
Sirros v Moore - wrongly ordered detention

Question 14

What is independance from the executive?

Answer 14

Judges appointed by Judicial Appointments Commission - independent body
Superior judges can’t be dismissed by the Gov so they’re truly independent

Question 15

Independance from the executive - What does S.3 CRA 2005 state ?

Answer 15

The Lord Chancellor and other ministers involved in matters relating to the judiciary must uphold the continued dependence of the judiciary, so they’re protected

Question 16

What is Independent from the case?

Answer 16

Judges can’t have any interest in the case which they are hearing
Pinochet - head of state of Chile on trial, one of the judges were biased so appeal granted

Question 17

What is independent in Judicial Inquiries?

Answer 17

A judge can be appointed to head Judicial Inquiries so they’re involved in political issues, some argue they’re no longer independent