1A.3.5 The Judiciary

Question 1

The judiciary

Answer 1

The collective term for judges

Question 2

What are the two different levels of judges?

Answer 2

• Superior judges are High Court Judges and above
• Inferior judges are judges in the lower courts

Question 3

Who is the head of the Judiciary?

Answer 3

Lord Chief Justice

Question 4

Inferior judges

Answer 4

• Circuit Judges sit in both the Crown Court & County Court.
• Recorders are part-time judges who usually sit in the Crown Court & hear some cases in the County Court.
• District Judges hear small claims and other matters in the County Court.
• Some district Judges sit in Magistrates’ Courts in London & other major towns/cities.
• Tribunal judges hear cases in tribunals.

Question 5

Superior judges

Answer 5

• Justices of the Supreme Court
• Lord Justices of Appeal in the Court of Appeal
• High Court Judges, sit in the different divisions of the High Court.
• Judges in the King’s Bench Division of the High Court, judges also sit to hear serious cases in the Crown Court.

Question 6

Justices of the Supreme Court

Answer 6

Justices of the Supreme Court are appointed from those who hold high judicial office; for example, as a judge in the Court of Appeal, or from those who have been qualified to appear in the senior courts for at least 15 years.

The Constitutional Reform Act 2005 provides that there should be a maximum of 12 Justices and they are the most senior judges in the country. They sit in the Supreme Court to hear final appeals from all courts in the UK.

Question 7

Where do the Lord Justices of Appeal sit?

Answer 7

Either:
- The civil division of the Court of Appeal, where they will hear appeals from cases in the County Court or High Court
or
- The criminal division of the Court of Appeal, where they will hear appeals from cases in the Crown Court

Question 8

Lord Justices of Appeal

Answer 8

Lord Justices of Appeal must be qualified as a barrister or solicitor and have gained experience in law for at least 7 years or be an existing High Court Judge. Lord Justices of Appeal are officially appointed by the King.

Question 9

District Judges

Answer 9

A District Judge is a full-time post and an applicant must have been qualified as a barrister or solicitor and have gained experience in law for at least 5 years or have been a Deputy District Judge.

The vast majority of District Judges in the County Court are former solicitors. It is usual to have sat part-time as a Deputy District Judge before being considered for the position of District Judge.

Question 10

Can legal executives become District Judges?

Answer 10

Yes - under the Tribunals, Courts and Enforcement Act 2007.

Question 11

Where do District Judges hear civil and criminal cases?

Answer 11

• In the County Court and particularly the Small Claims Court, they will hear low value civil claims of tort and contract.
• In the Magistrates’ Court, they will sit alone to hear summary and triable-either-way criminal trials and impose sentences on offenders of those crimes.

Question 12

Circuit Judges

Answer 12

In order to become a Circuit Judge, it is necessary to be a solicitor or barrister who has held a ‘right of audience’ for at least 10 years. They should generally also have served either part-time as a Recorder in criminal cases or full-time as District Judges in civil cases before they can be appointed.

They will hear less serious civil cases in the County Court and less serious criminal cases in the Crown Court.

Question 13

Recorder

Answer 13

This is a part-time post for qualified barristers or solicitors who have gained at least 7 years experience. An applicant is appointed as a ‘Recorder in training’ first and then a Recorder.

Question 14

Where do circuit judges sit to hear cases?

Answer 14

1) In the county court they will hear a wide range of tort and contract claims, claims relating to possession of land and property disputes and some family work.

2) In the crown court they will take charge of criminal trials, hearing more serious cases as they gain seniority and sentence offenders who have pleaded guilty.

Question 15

What is the general role of a judge in civil cases?

Answer 15

To oversee the case and ensure that correct procedures are followed, to rule on points of law that arise, to direct the jury on the law and evidence and, if the defendant is found guilty, to impose a sentence.

Question 16

What is the general role of a judge in civil cases?

Answer 16

To resolve disputes in a fair, unbiased way, applying the law to each case before them.

Question 17

Role of a judge in civil courts of first instance

Answer 17

In civil courts of first instance – the County Court and High Court – a judge will sit on their own to deal with all aspects of the case. The judge will be responsible for pre-trial matters such as case management and setting timetables to make sure that the parties in the case are ready for trial at a set date.

Question 18

What will judges do in civil trials?

Answer 18

• Hear evidence from all the witnesses
• Listen to legal arguments- Look at any relevant case papers
• Decide the facts, how the law applies to those facts, and make the decision as to who has won the case (who is liable)
• In a contract and tort case, decide the amount of damages payable, or other remedy requested
• Decide who should bear the legal costs of the case

Question 19

Role of appeal court judges

Answer 19

They do not hear evidence from witnesses. Instead, they hear arguments on legal points in the case and decide if the decision made at the trial should stand or whether the appeal should be allowed.

• In the Court of Appeal (Civil Division), an appeal may be heard against the finding of liability or about the remedy awarded. The court can either allow or dismiss the appeal or vary the number of damages.
• A case can only be appealed to the Supreme Court if there is an important point of law involved or an issue of general public importance. Fire Justices will normally sit to hear the appeal. Often appeals involve complicated and technical areas of law and how legislation should be interpreted. Any decision the Supreme Court makes on a point of law will become a precedent for all lower courts to follow.

Question 20

High Court Judges

Answer 20

In order to be eligible to be appointed as a High Court Judge, it is necessary either to be qualified as a barrister or solicitor, and have gained experience in law for at least 7 years, or to have been a Circuit Judge for at least 2 years.

The vast majority of High Court Judges are appointed to serve full time from barristers who have been in practice for 20 or 30 years. Deputy High Court Judges, who sit part time, are also appointed and this is a way of testing the suitability of a person to become a High Court Judge. Candidates are expected to have previous judicial experience at a lower level. High Court Judges are officially appointed by the King.

Question 21

Role of a High Court Judges in different divisions

Answer 21

High Court Judges are assigned to one of the Divisions in the High Court and will hear the cases assigned to that division.

1) Judges of the King’s Bench Division will hear high value civil claims of contract and tort. In addition to serious criminal cases such as murder in the Crown Court.

2) Judges of the Chancery Division will hear high value commercial claims and cases of liquidation of companies and partnership disputes.

3) Judges of the Family Division will hear claims relating to disputes of property and financial matters of married/unmarried partners and relating to children of relationships.

In addition, judges of the High Court can sit as judges of the Court of Appeal alongside Lords Justices to hear appeals relating to work of the respective Divisions.

Question 22

What do District Judges do in the Magistrates’ Court?

Answer 22

They can sit on their own to decide:
- Whether the D is guilty or not guilty

• The sentence when a D pleads guilty or is found guilty
  They generally have the same sentencing powers as lay magistrates

Question 23

In the Crown Court, a judge will…

Answer 23

• Sit with a jury when a D pleads not guilty to a triable-either-way offence or an indictable offence
• Decide any legal issues in the case and direct the jury on the relevant law
• Decide on the sentence where a D pleads guilty, or is found guilty by a jury
• Take into account any legal submissions on behalf of the D and consider any reports

Question 24

Judges in criminal appeal courts

Answer 24

A convicted D can appeal to the Court of Appeal (Criminal Division) against the sentence and/or conviction. Three judges will hear legal arguments from the defence and prosecution and can either confirm the original decision and/or sentence, vary the sentence or find the D not guilty. If this is their decision, they can order a retrial.

A further appeal against the decision of the Court of Appeal can be taken to the Supreme Court but only if leave to appeal is granted because there is an issue of general public importance to be decided. Five Justices will hear legal arguments from the defence and prosecution – no evidence will be heard. The Court can agree or overrule the decision of the Court of Appeal. They will not make a decision on the sentence.