Criminal: Judges - 7 not done Flashcards
Superior Judges
Justices of the Supreme Court
Lord Justices of Appeal
High Court Judges
Inferior Judges
Circuit Judges (Crown and County)
Recorder (Crown and County Court)
District Judges (County and Magistrates Court)
Tribunal Courts and Enforcement Act 2007
Judicial appointment Eligibility case. Lowers time to 5 from 7 years
10 to 7 for superior roles
Judicial appointment Eligibility case. Lowers time from 7 to 5 years for inferior roles.
10 to 7 for superior roles
Tribunal Courts and Enforcement Act 2007
Supreme Court judge qualifications
Barrister or Solicitor for 15 years
Lord Justices of Appeal
Qualified barrister or solicitor for 7 years (or high court judge)
Solicitors recently eligible
High court judges
Barrister or Solicitor for 7 years
Circuit judge for 2 years
Circuit judges
Barrister or Solicitor for 7 years
Recorders, district and tribunal judges eligible to get cross section of society
Usually recorders first
Recorders
Part time
Qualified barrister or Solicitor for 7 years
Sits as judge for 30 days a year in between “ordinary work”
District judges
5 years as deputy district judge
66% are former solicitors or barristers
Constitutional reform act 2005
Established judicial appointment Commission and stops Lord Chancellor selecting judges
Judicial appointment commission chooses judges as opposed to lord chancellor
Constitutional reform act 2005
Lord Chancellors role in selecting judges
Now has a say in judicial appointment for high, supreme and appeal courts. Lower court selections are completely separate from government and executive
Crime and Courts act 2013
Transfers lord chancellors power in respect of all judges bellow the high court to the lord Chief Justice
Lord Chief Justice claims power of appointing lower court judges from the lord chancellor case
Crime and Courts act 2013
Judicial Appointment Committee Role
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
What are judges appointed based on
Merit based appointment
Candidates must be recommended by the commission before appointment
5 judicial Qualities
Intellectual Capacity Personal qualities Family matters Communication and authority Efficiency
Previous Convictions
No consideration
Must have less than 7 licence points
R (Graham Stuart Jones) v JAC
Applicant must have less than 7 licence points. Applicant had 7
Application process (1-4)
Application form
Online test
Interview
Commission selects who is appointed
Application form
Candidate gives 3-6 referees
Commission contacts a variety of people about their application (current judges)
Online test
District, and recorder roles require test at beginning of application process
Assesses suitability for the role
Shortlist made based on this and qualifications
Interview based on shortlist
Could be formal discussion or role play
Commission selects appointees
Gives names of recommendations to lord chancellor
Appointment
In order to keep appointment separate from government, appointment is made by the queen
Training of judges
Judicial college set up in 2011
Train judges
3 main training elements
Knowledge of the law, evidence and procedure
Improving judicial skills
Social context of judging
Induction programme
Judge appointed and must go through induction
3-5 days
Tutored and mentored by more experienced judge
Continuous education
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
Role of justices of the Supreme Court
100 cases a year
Complex law (tax)
Point of law appeals
Uneven number on bench
Binding
Role of Lord Justices of Appeal
Criminal and civil division for appeals
Heavier workload
Sit as 3 or 5
Binding
High Court Judges
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
Circuit Judges
Sit in county court
Sit alone
Decide law, facts and winner
Sit in crown court for criminal cases
Judge gives sentence
Recorders
Crown court to hear criminal cases
County court to hear civil cases
Part time judges for 5 years
District judges
Sit in county court for civil cases
Small claims only £-10,000
Sit in magistrates court to hear criminal cases
Decided sentence
