#Exam 1- The Judiciary Flashcards
what are the two types of judge
superior and inferior
who are superior judges
those in the supreme court, the court of appeal and the high curt
who are inferior judges
circuit judges, recorders,district judges and tribunal judges
who is the head of the judiciary
lord chief justice
what are relevant judges qualifications based on
relevant legal training plus relevant legal experience for a number of years
up until 2005 who selected judges
lord chancellor
why was the lord chancellor stopped from appointing
the lord chancellor is a political appointment and they are meant to be separate
who now appoints judges
judicial appointments commission
what act changed who is responsible for the appointment of superior judges
the constitutional reform act 2005
the lord chancellor is typically involved with which appointments
the appointment of supreme court judges, the court of appeal judges and the high court judges
who was transferred the powers of appointing inferior judges in 2013
lord chief justice
how many judges are elected each year to judicial posts
500
who selects judges for election
the judicial appointments commission
how do the judicial appointments commission advertise a selection
their website, email, and Twitter
what are the key features for appointing judges
appointments are based solely on merit
the commission is solely responsible for assessing and selecting candidates
no candidate is elected without commissions approval
the lord chief justice must be consulted
what are judicial qualities
intellectual capacity personal qualities such as sound judgement and willingness to learn ability to deal fairly authority and communication skills efficiency
what criminal offences can judges have
driving points up to 6 points
what is the process of selection
application form ( 6 references on the form) for anything below circuit judges, there is no extra filtering process however an online qualifying test has to be taken
who appoints judges
the queen
who does the training of judges
Judicial college
what are the three main elements of judges training
knowledge of substantive law, evidence and procedure
acquisition of judicial skills
social context within judging occurs
what do all judges start their training with
an induction programme- a residential course lasting 5 days
new judges are assigned to who
more experienced judges so they can be mentored
where do experienced judges do most training
on e-learning as well as residential and non-residential courses
what is human awareness training for judges
training regarding gender, racial and disability issues
why do judges complete human awareness training
it aims to help judges see different perspectives this can include opinions of jurors, victims and their families
who many cases to justices of the supreme court hear each year
roughly 100
what is the main function of the supreme court
to hear cases regarding a point of law, often if civil will be around a complicated technical area such as planning law or tax
judges in supreme court sit at a minimum of…
3 judges
the 2016 Brexit case 11 sat as it was such an important decision
supreme court decisions become what
a precedent for all lower courts
what do the lord justices of appeal deal with
all appeal cases both criminal and civil law, their workload is heavier than the supreme court
court of appeal judges sit on a panel of how many judges
3 or if an important case then it is 5
the main function for high court judges is to what
try cases, the amount of damages is decided by this judge and when it is a queens bench judge in a crown court they decide on sentencing
judges from the high court sit on a panel with how many
1, if being tried for the first time and 2 if it is an appeal
circuit judges hear which cases
civil in county court they decide who won the case
criminal in crown court they only pass a sentence not decide the verdict
what do recorders do
part-time judges who typically sit to help with criminal cases
which two courts do district judges sit in
magistrates and county court (up to 10,000)
what is the difference between magistrates and county court
magistrates are for criminal offences and county is for civil
the government can’t do what to judges
force them to remove if they disagree with the government’s decision
judges must retire at what age
70 unless in high court when it is 75, this is only with the authorisation of the lord chancellor
superior judges can only be removed by who
the monarch if presented with a petition from both houses of parliament
the right to remove a superior judge has only been exercised in
1830 with Jonah Barrington
the lord chief justice and the lord chancellor can declare vacant the office in what circumstances
when a judge physically can’t resign or fulfil his duties
inferior judges are removed by who
the lord chancellor
why might an inferior judge be removed
criminal behaviour, sexual harassment, racism
the lord chancellor can only dismiss a judge if
he consults the lord chief justice first and has followed the set procedures
what are the main criticisms with the judiciary
very few women dominated by elderly white upper class males judges rarely appointed under 40
what % of circuit judges are women
25
which two groups have faced better representation as judges in recent years
women and ethnic minorities
why is educational and social background an issue for judges
none of the lower court judges had went to private school yet 11/16 high court judges had
also from 1997 to 99 79% of judges appointed has been to oxford or Cambridge
what are the arguments for a career judiciary
the average age would be much lower
judges have more specific training in what they need to be a judge
what are arguments against a career judiciary
too closely linked to the government
what is security of tenure
superior judges can’t be removed by government, only by the monarch if presented with a petition from Parliament
do lower judges have security of tenure
no as they can be removed by the lord chancellor with the permission of the lord chief justice
what is immunity from suit
can’t be sued for decisions they make as judges- sirros v Moore
what is independence from the executive
the judicial independence that is guaranteed under s 3 of the constitutional reform act 2005
what is independence from the case
judges must not try a case where they have any interest in the issue involved
what are the advantages of judicial independence
able to protect citizens from unlawful government acts
public confidence
fairness
disadvantages of judicial indepenedence
people criticise judges for having too much power- eg when they stopped the government from starting the process to leave the EU before consulting parliament
