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Law > Criminal: Judges - 7 not done > Flashcards

Criminal: Judges - 7 not done Flashcards

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1
Q

Superior Judges

A

Justices of the Supreme Court
Lord Justices of Appeal
High Court Judges

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2
Q

Inferior Judges

A

Circuit Judges (Crown and County)

Recorder (Crown and County Court)

District Judges (County and Magistrates Court)

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3
Q

Tribunal Courts and Enforcement Act 2007

A

Judicial appointment Eligibility case. Lowers time to 5 from 7 years

10 to 7 for superior roles

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4
Q

Judicial appointment Eligibility case. Lowers time from 7 to 5 years for inferior roles.

10 to 7 for superior roles

A

Tribunal Courts and Enforcement Act 2007

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5
Q

Supreme Court judge qualifications

A

Barrister or Solicitor for 15 years

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6
Q

Lord Justices of Appeal

A

Qualified barrister or solicitor for 7 years (or high court judge)

Solicitors recently eligible

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7
Q

High court judges

A

Barrister or Solicitor for 7 years

Circuit judge for 2 years

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8
Q

Circuit judges

A

Barrister or Solicitor for 7 years

Recorders, district and tribunal judges eligible to get cross section of society

Usually recorders first

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9
Q

Recorders

A

Part time

Qualified barrister or Solicitor for 7 years

Sits as judge for 30 days a year in between “ordinary work”

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10
Q

District judges

A

5 years as deputy district judge

66% are former solicitors or barristers

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11
Q

Constitutional reform act 2005

A

Established judicial appointment Commission and stops Lord Chancellor selecting judges

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12
Q

Judicial appointment commission chooses judges as opposed to lord chancellor

A

Constitutional reform act 2005

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13
Q

Lord Chancellors role in selecting judges

A

Now has a say in judicial appointment for high, supreme and appeal courts. Lower court selections are completely separate from government and executive

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14
Q

Crime and Courts act 2013

A

Transfers lord chancellors power in respect of all judges bellow the high court to the lord Chief Justice

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15
Q

Lord Chief Justice claims power of appointing lower court judges from the lord chancellor case

A

Crime and Courts act 2013

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16
Q

Judicial Appointment Committee Role

A

Appoints majority of judges
Select and appoint over 500 people per year
Advertise selection exercises on Twitter, email etc
Recommendations must be discussed with the lord Chief Justice (or equivalently experienced judge) first

17
Q

What are judges appointed based on

A

Merit based appointment

Candidates must be recommended by the commission before appointment

18
Q

5 judicial Qualities

A 
Intellectual Capacity
Personal qualities
Family matters
Communication and authority
Efficiency
19
Q

Previous Convictions

A

No consideration

Must have less than 7 licence points

20
Q

R (Graham Stuart Jones) v JAC

A

Applicant must have less than 7 licence points. Applicant had 7

21
Q

Application process (1-4)

A

Application form
Online test
Interview
Commission selects who is appointed

22
Q

Application form

A

Candidate gives 3-6 referees

Commission contacts a variety of people about their application (current judges)

23
Q

Online test

A

District, and recorder roles require test at beginning of application process

Assesses suitability for the role

Shortlist made based on this and qualifications

24
Q

Interview based on shortlist

A

Could be formal discussion or role play

25
Q

Commission selects appointees

A

Gives names of recommendations to lord chancellor

26
Q

Appointment

A

In order to keep appointment separate from government, appointment is made by the queen

27
Q

Training of judges

A

Judicial college set up in 2011

Train judges

28
Q

3 main training elements

A

Knowledge of the law, evidence and procedure

Improving judicial skills

Social context of judging

29
Q

Induction programme

A

Judge appointed and must go through induction

3-5 days

Tutored and mentored by more experienced judge

30
Q

Continuous education

A

Experienced judges continue education

Up to date with new legislation

Human awareness training (race, gender, disability etc)

Awareness of unrepresented parties. More aware of people’s view points

31
Q

Role of justices of the Supreme Court

A

100 cases a year

Complex law (tax)

Point of law appeals

Uneven number on bench

Binding

32
Q

Role of Lord Justices of Appeal

A

Criminal and civil division for appeals

Heavier workload

Sit as 3 or 5

Binding

33
Q

High Court Judges

A

Cases at first instance

Sit alone

Some appeals from county courts

QBD division hears appeals from Magistrates

QBD judges also hear cases in the high court

34
Q

Circuit Judges

A

Sit in county court

Sit alone

Decide law, facts and winner

Sit in crown court for criminal cases

Judge gives sentence

35
Q

Recorders

A

Crown court to hear criminal cases

County court to hear civil cases

Part time judges for 5 years

36
Q

District judges

A

Sit in county court for civil cases

Small claims only £-10,000

Sit in magistrates court to hear criminal cases

Decided sentence

Law (24 decks)

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