Criminal: Judges - 7 not done

Question 1

Superior Judges

Answer 1

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

Question 2

Inferior Judges

Answer 2

Circuit Judges (Crown and County)

Recorder (Crown and County Court)

District Judges (County and Magistrates Court)

Question 3

Tribunal Courts and Enforcement Act 2007

Answer 3

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

10 to 7 for superior roles

Question 4

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

10 to 7 for superior roles

Answer 4

Tribunal Courts and Enforcement Act 2007

Question 5

Supreme Court judge qualifications

Answer 5

Barrister or Solicitor for 15 years

Question 6

Lord Justices of Appeal

Answer 6

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

Solicitors recently eligible

Question 7

High court judges

Answer 7

Barrister or Solicitor for 7 years

Circuit judge for 2 years

Question 8

Circuit judges

Answer 8

Barrister or Solicitor for 7 years

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

Usually recorders first

Question 9

Recorders

Answer 9

Part time

Qualified barrister or Solicitor for 7 years

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

Question 10

District judges

Answer 10

5 years as deputy district judge

66% are former solicitors or barristers

Question 11

Constitutional reform act 2005

Answer 11

Established judicial appointment Commission and stops Lord Chancellor selecting judges

Question 12

Judicial appointment commission chooses judges as opposed to lord chancellor

Answer 12

Constitutional reform act 2005

Question 13

Lord Chancellors role in selecting judges

Answer 13

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

Question 14

Crime and Courts act 2013

Answer 14

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

Question 15

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

Answer 15

Crime and Courts act 2013

Question 16

Judicial Appointment Committee Role

Answer 16

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

Question 17

What are judges appointed based on

Answer 17

Merit based appointment

Candidates must be recommended by the commission before appointment

Question 18

5 judicial Qualities

Answer 18

Intellectual Capacity
Personal qualities
Family matters
Communication and authority
Efficiency

Question 19

Previous Convictions

Answer 19

No consideration

Must have less than 7 licence points

Question 20

R (Graham Stuart Jones) v JAC

Answer 20

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

Question 21

Application process (1-4)

Answer 21

Application form
Online test
Interview
Commission selects who is appointed

Question 22

Application form

Answer 22

Candidate gives 3-6 referees

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

Question 23

Online test

Answer 23

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

Assesses suitability for the role

Shortlist made based on this and qualifications

Question 24

Interview based on shortlist

Answer 24

Could be formal discussion or role play

Question 25

Commission selects appointees

Answer 25

Gives names of recommendations to lord chancellor

Question 26

Appointment

Answer 26

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

Question 27

Training of judges

Answer 27

Judicial college set up in 2011 | Train judges

Question 28

3 main training elements

Answer 28

Knowledge of the law, evidence and procedure Improving judicial skills Social context of judging

Question 29

Induction programme

Answer 29

Judge appointed and must go through induction 3-5 days Tutored and mentored by more experienced judge

Question 30

Continuous education

Answer 30

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

Question 31

Role of justices of the Supreme Court

Answer 31

100 cases a year Complex law (tax) Point of law appeals Uneven number on bench Binding

Question 32

Role of Lord Justices of Appeal

Answer 32

Criminal and civil division for appeals Heavier workload Sit as 3 or 5 Binding

Question 33

High Court Judges

Answer 33

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

Question 34

Circuit Judges

Answer 34

Sit in county court Sit alone Decide law, facts and winner Sit in crown court for criminal cases Judge gives sentence

Question 35

Recorders

Answer 35

Crown court to hear criminal cases County court to hear civil cases Part time judges for 5 years

Question 36

District judges

Answer 36

Sit in county court for civil cases Small claims only £-10,000 Sit in magistrates court to hear criminal cases Decided sentence