The Judiciary Flashcards
(34 cards)
Define the judiciary
-Group of judges
-Work on diff levels, functions similar to but power different
Legislation for judges
-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
What are the two different types of judges?
-Inferior and superior
What are the types of inferior judges?
-District
-Recorder
-Circuit
-tribunal
Superior judges
-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
Where do the inferior judges sit?
-Circuit: cc and county
-Recorders: part time, cc and county
-District: small claims in county, also magistrates
Justice of Supreme court (how to become)
-judge in coa or qualified to appear in senior courts for 15 yrs
-constitutional reform act 2005, max of 12 justices
-hear final appeals
Selection of justices of the Supreme Court
-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
Role of justices of sc
-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
Lord justice of appeal (how to become)
-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
High court judges (how to become)
-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
Circuit judge (how to become)
-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
Recorder
-part time for qualified barristers or solicitors who have 7 yrs experience
-recorder in training then recorder
-less serious civil cases and criminal cases
District judge (how to become)
-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
Role of inferior judges in civil court
-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
Role of superior judges in civil cases
-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
Role of inferior judges in criminal cases
-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
Role of superior judges in criminal court
-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.
How is separation of powers maintained?
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
Where is there overlap?
-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
How does security of tenure support independence of the judiciary?
-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
Act which supports judicial independence
-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
How does immunity from suit support independence of the judiciary
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
Case for immunity from suit
-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
