Legal Personnel: Judges AO3

Question 1

P - Better selection procedure

Answer 1

DP - Previously selected by secret surroundings, person couldn’t apply to be judge, they were asked
WDP - Applications now made to JAC where you are tested on merit. Increases diversity within the judiciary, makes the selection procedure more fair and transparent

Question 2

P - Increased diversity

Answer 2

DP - 1990’s: no women in CoA only 3 in HC
In 2016: 8 women in CoA and 23 in HC, shows high diversity
WDP - Increase in no. of inferior judge positions.
1990’s - 5% of CJ and recorders were women
2016 - 25% of CJ were female and 17% of recorders

Question 3

P - Judges are usually educated to a high level

Answer 3

DP - Judges have extensive knowledge within the law as they have previously been a barrister or solicitor for several years, able to deal with complex areas of law and make accurate decisions
WDP - Penny Darbyshire - concern if not educated to a high level, case is complex, judges need to be intelligent

Question 4

P - Training

Answer 4

DP - Judges undergo training, they understand the law, practice and procedure, increases trial efficiency
WDP - Better suited to job than lay magisrates who rely on clerk for legal advise, can get through trial quicker

Question 5

P - Judges tend to come from private schools

Answer 5

DP - Magazine in 1999 found majority of judges studied at Oxford and Cambridge and 73% were privatley educated
WDP - Penny Darbyshire carried out research, those privately educted tend to progress to higher courts, those publicy educate tend to remain in the lower courts

Question 6

P - Conflicts with the SoP

Answer 6

DP - Judges don’t apply law, also create it, clear example of judicial creavity
WDP - Parliament should be the only law making body

Question 7

P - Mainly older, white, upper class males

Answer 7

DP - Very few females in upper ranks of judges, even fewer from ethnic minorities, unusualy for a judge to become one before 40
WDP - Although JAC is introduced, still ridiculously low, doesn’t reflect wide enough cross section of society

Question 8

P - Training is a very lenghty process

Answer 8

DP - To qualify to be a judge, must have experience in law, been a qualified barrister/solicitor for 7 yrs
WDP - Pool from which judges are selected is very limited, legal profession is still largely dominated by white males, impacted the composition of the judiciary