chapter 10-The judiciary-superior and inferior judges

Question 1

what are the qualifications of becoming a Supreme Court judge

Answer 1

-judges are called justices of the senior court
-15 year Supreme Court qualification
-been a barristor or solicitor

Question 2

Court of Appeal qualifications and roles

Answer 2

-Lord justices of Appeal
-7 years legal experience
-been a high court judge
-barrister or solicitor
ROLES
-Hear appeals
-criminal cases on conviction or sentence
-civil cases on the finding or money awarded

Question 3

High court qualifications and roles

Answer 3

-7 years legal experience
-barrister or solicitor
-been a circuit judge for 2 years
-they deal with the first instance cases and decide liability
-sits in one of the 3 divisions

Question 4

Crown court 3 qualifications

Answer 4

-5 years legal advice
-Been a district judge or recorder for 3 years
-barrister and solicitor

Question 5

County court qualifications and roles

Answer 5

-barrister / solicitor
-5 years legal advice
-or district judge
-deal with civil cases alone and decide the liability

Question 6

Magistrate courts qualification and roles

Answer 6

-5 years legal advice
-barrister/solicitor
-been a deputy district judge
-they deal with criminal cases only on the verdict, sentencing and family work

Question 7

Describe the Judicial appointments commission and how they operate for both inferior and superior judges

Answer 7

• Selects over 500 people each year as candidates
• they advertise their selection through websites or twitter
• Superior level judges: They recommend their appointment to the Lord chancellor (Part of the executive)
  Inferior judges: They recommend their appointment to the Lord Chief Justice

Question 8

How do superior level judges get selected

Answer 8

The Judicial appointment commission selects and recommends them to the lord chancellor, they can either accept or deny.

Question 9

How do inferior level judges get selected and what are they assessed for

Answer 9

They are selected by the lord Chief Justice after recommended by the judicial appointments commission. They are assessed based on:
- personal qualities,
- judgment,
- understanding of the criminal justice system,
- commitment to public service.

Answer 10

They are solely based on MERIT

Question 11

What are the 8 qualities that are desirable for a good judge

Answer 11

-Intellectual capacity
-integrity,
-independent,
-objective
-decisive
-ability to understand and deal fairly
-authority
-not more than 6 penalty points

Question 12

For making a judge to the justices of the Supreme Court what is the selection process

Answer 12

1-the commission will elect a candidate
-2the candidate is reported to the lord chancellor where they can deny or accept the nomination.
3-The lord chancellor then notifies the prime minister
4-the prime minister then takes the appointment to the king

Question 13

For all judicial posts below that of circuit judges, there is an extra filtering process:

Answer 13

All applicants should complete an online test to asses their abilities to perform judicial roles.

Question 14

What are Recorders

Answer 14

These are people who manage cases well and determine claims at trials

Question 15

what are the 3 qualifications for district judges

Answer 15

-Been a barrister or solicitor
-5 years of legal experience
-have been a deputy district judge

Question 16

What is the MAIN role for all judges

Answer 16

To settle disputes in a fair an unbiased way while applying the law.

Question 17

What are the roles for civil judges

Answer 17

> -Hearing of evidence from witnesses
>-decide on facts and on how the law applies
>-make a decision as to who has won

Question 18

What are the 2 roles of a judge in a criminal court

Answer 18

>

• Deciding a sentence
• Decides on any relevant law in the case

Question 19

Instead of hearing from witness evidence, what do appeal court judges hear

Answer 19

Issues with legal points in the case

Question 20

What is the composition and role of the Supreme Court

Answer 20

-Judges are justices of the Supreme court
-12 judges present
-sit uneven in the panel
-decisions made become binding that lower courts must follow
-hear appeals from lower courts and Commonwealth countries

Question 21

what are the roles of the COA in both civil and criminal division

Answer 21

civil- hear appeals based on the decision chosen or the money awarded
Criminal- hear appeals based on sentencing or conviction

Question 22

What are the main roles of the high court judges

Answer 22

-Are placed in either division of the civil courts
-hear the first trial of cases and decide what the law is in the case.

Question 23

Where is the training of judges carried out

Answer 23

Judicial college

Question 24

What are the 3 main elements of training

Answer 24

+gaining and improvement of judicial skills
+knowledge of substantive law, evidence & procedure
+the social context that judges should consider.

Question 25

what does the judicial pension and retirement act state:

Answer 25

All judges should retire by the age of 70. with some exceptions by the Lord chancellor, it can extend to 75

Question 26

what were the aims of the constitutional reform act 2005

Answer 26

• instead of having the LC be in charge of selecting judges, they now require them to consult the Lord Chief Justice

Question 27

Why can’t the superior judges be removed by the government or Lord chancellor

Answer 27

-this protects them from political interferes and makes them more independent in their judgements

Question 28

Give an example case of where an inferior judge was removed based on bad conduct

Answer 28

Bruce Campbell was a circuit judge who was evading customs duty on cigars and whisky

Question 29

what are the circumstances that lead to a judge being sacked

Answer 29

-Have a criminal conviction
-misconduct and inappropriate behaviour
-Incapable of carrying out their work(health issues)
-their behaviour has been complained.

Question 30

What does Judicial independence aim to achieve

Answer 30

Each judge should conduct proceedings in a fair and unbiased way

Question 31

What does the theory of separation of powers state

Answer 31

It stated that the three arms of state should be separated
the three arms are;
-the legislation
-the executive
-the judiciary.
The judiciary should be the most separated arm as to not be overstepped by the executive in its decisions

Question 32

what are the ways in which judges are protected from outside pressure when doing their judicial function

Answer 32

1-Given a certain degree of financial independence as their salaries are controlled by the consolidated fund and not parliament
2-they have immunity from being sued for actions taken or decisions made
3-the security of the tenure of superior judges protects them from being sacked

Question 33

Give an example case of a decision made against Government

Answer 33

DPP v Hutchinson
-Women had camped at the RAF base in order to protest against nuclear missiles. The court was in their favour as the minister of the land had exceeded his powers of the by laws

Question 34

State the composition of the Judicial Appointments Commission

Answer 34

• 6 lay members
• 5 judges ( 3 COA & 1 circuit & 1 district)
• 1 barrister
• 1 solicitor
• 1 magistrate
• 1 tribunal member

Question 35

how does the JAC encourage a wide range of candidates

Answer 35

• they run road shows and other outreach events
• these will explain the appointments system to potential applicants

Question 36

Describe the appointment process

Answer 36

• All candidates will fill in an application form
• they complete the filtering test
• after are short listed based on their performance along with their application form and qualifications
• they will be interviewed and these can be role play

Question 37

what is involved in the training of new judges, new judges at lower levels and experienced judges once taken to the judicial college

Answer 37

• all new judges have to go through an induction program normally taking 3 to 5 days long
• new judges at lower levels will be given an experienced judge to act as a mentor
• experienced judges can be given a mix of residential and non-residential

Question 38

compare the statistics of women in the judiciary

Answer 38

• There were no women judges in the COA and high court 1990s BUT NOW in 2016 there are 8 judges and 23 in the high court.

Question 39

compare the stats of Black minority ethnic groups in the judiciary

Answer 39

• in the 1990s there was no superior judge and very few for inferior judges
• BUT NOW in 2016 there are 3 judges in the COA and much greater numbers for inferior judges