The Judiciary Flashcards
(37 cards)
What is the role of judges?
To make decisions in a fair, unbiased way, applying the law and the legal rules of England and Wales in the right way.
What are the two types of judges?
Inferior judges and Superior judges.
Who are the inferior judges and where are they stationed?
These are all judges below those that serve in the high court.
- Circuit judges (sit in both the crown and country courts)
- Recorders (part-time judges who usually sit in the Crown Court, though some hear cases in the County Court)
- District judges (hear small claims and other matters in the County Courts)
- Magistrates (sit in the magistrates court)
- Tribunal judges
Who are the superior judges and where are they stationed?
All the judges who serve in the high court and above.
- The justices of the Supreme Court.
- The Lord justices of appeal in the court of appeal.
- High court judges.
Describe District judges.
- Vast majority solicitors, with at least 5 years experience.
- Sit in the county court dealing with civil cases.
- Woolf reforms resulted in more district judges being appointed.
Describe Assistant Recorders and Recorders.
- Part time judges who usually sit in the crown court for 20 days a year.
- Must have been qualified as barrister or solicitor for at least 7 years.
- Appointment is for 5 years.
Describe Circuit judges.
- Sit in county courts or crown courts.
- At least 7 years rights of audience experience or have been a recorder to qualify.
Describe high court judges.
- Advocates of at least 7 years experience within the high court or been a circuit judge for at least 2 years to qualify.
- They are knighted on appointment.
- Solicitors and academic lawyers can be appointed.
Describe the Lord justices of appeal.
- Sit in the court of appeal and divisional court.
- Usually appointed from among high court judges, but can be appointed from among practitioners with 7 years high court experience.
Describe the Supreme Court justices.
- Usually appointed from among lord justices of appeal, but can qualify either as practitioners with 15 years experience or having held high judicial office for 2 years.
- Sit in the Supreme Court and judicial committee of the privy council (which advises the Queen).
When and how did the highest court of the land go from the House of Lords to the Supreme Court.
Before 2005 highest court in the land was House of Lords.
- Within the House of Lords there was a special committee called the Judicial Committee of the House of Lords.
- They were called Law Lords.
- 2005 constitutional reform act. Law lords were taken out of the House of Lords and put into the new Supreme Court of the UK. Started work in 2009.
What is the judicial appointments commission?
The judicial commission is responsible for selecting over 500 people a year for judicial posts.
- Appointments made solely on merit.
- Commission responsible for selecting candidates for appointment.
- No candidates can be appointed unless recommended by the Commission.
- Commission must consult with the Lord Chief Justice + another judge of equal experience before recommending a candidate for appointment.
What qualities are required to be a judge?
- Intellectual capacity.
- Personal qualities including integrity, independence of mind, sound judgement, decisiveness, objectivity, and willingness to learn.
- Ability to understand and deal fairly.
- Authority and communication skills.
- Efficiency.
The candidate must also be of good character i.e. have no criminal convictions, only potential exception is minor motoring offences.
Describe the process of selection for judges.
1) Candidates fill in an application form and nominate 3-6 referees.
2) Commission also publishes a list of people it may consult about candidates (For all judicial posts below that of Circuit judge, there is an extra filtering process).
3) All applicants must take an online qualifying test. Tests are designed to assess a candidates ability to perform judicial roles.
4) Candidates are then short listed based on performance so far.
5) Candidates on short list will then be interviewed. Interview may take the form of role playing or taking part in formal, structured discussion.
6) Commission then selects those to be appointed and recommends them to the Lord Chancellor/Lord Chief Justice for appointment.
Who appoints judges?
The appointment is made by the Queen.
Who trains newly appointed judges and what do they do.
- Training carried out by the Judicial College set up in 2011 by bringing together the Judicial Studies Board, and the Tribunals Judicial Training Group.
- All new judges take part in an induction programme with a residential course which lasts about 3-5 days. Lower level new judges are assigned an more experience judge to act as a mentor.
- Where judges are promoted to a higher level in the judiciary then they will attend the induction course for that level.
What is the role of the Justices of the Supreme Court?
- They hear about 100 appeals a year which can be both criminal and civil.
- A case can only be appealed here if there is a point of law involved.
- Justices will sit as an uneven number.
- Any decision made will set a precedent for all lower courts.
What is the role of the Lords Justices of Appeal?
Similar to that of the Justices of the Supreme Court but with a heavier work load. Will usually sit as a panel of 3 or 5.
What is the role of a Judge in a criminal case? (Crown Court)
Sits with a jury of 12 and primary duty is to ensure a fair trial which is done by following the rules of evidence and procedure so each party has its case heard fairly.
- Judge must also ensure that any jury understands the evidence.
- The Judge will only deal with points of law and will determine a sentence if the D is found guilty.
What is the role of a Judge in a criminal case (magistrates)
Magistrate sits on his own and makes decisions about the law and the facts. They will also decide whether the D is guilty and decide a sentence.
What is the role of a Judge in a Civil case?
Will sit alone to decide facts and law, make decision on which party wins case, and award damages.
What is the role of Judges in appeal cases?
They generally don’t have to concern themselves with issues of fact but will have to interpret the law and decide whether the previous judge applied it correctly.
They can also decide if the sentence or award was appropriate.
(appeal is not a retrial).
What is the separation of powers
Executive (the government) = propose laws. The legislature (parliament) = pass laws. Judiciary (judges) = interpret and carry out laws.
Describe the retirement of judges.
- The judicial pensions and retirement act 1993 made the ordinary retirement age 70.
- Enabled a minister to allow individual judges to remain in office until 75, if they were a working judge before the act. Some other special circumstances may also allow this.
- Exception is the post of Lord Chancellor.
