Judges

Question 1

Role of judges in county court

Answer 1

District judge, recorders or circuit for complex
hear all types of civil claims on all three track but lower value / complexity. Sort pre-trial matters
Sit alone and hear evidence and arguments, decide liability, award remedy

Question 2

Role of judges in high court (civil)

Answer 2

High court judges, hear first instance trials for complex or high value multi track cases. Hear appeals from county
Sit alone, decide liability, award remedy
Usually specialise in one division and become expert

Question 3

Role of judges in CoA (civil)

Answer 3

Lord/lady justice of appeal
Only hear cases which have been given permission to appeal. No evidence or witnesses, just legal arguements
Sit on panel (usually 3), write up individual judgement to decide success or not

Question 4

Role of judges in supreme court (civil)

Answer 4

Supreme court justices, sit as panel of 3,5,7,9
Only hear cases of national importance
Write up individual judgements after

Question 5

Role of judges in magistrates

Answer 5

Usually no judges involved, sometimes a district judge will take place of panel of magistrates
Sit alone and hear trials, deciding outcome and sentence

Question 6

Role of judges in crown court

Answer 6

Part time recorders or circuit judges
Hear some triable either way trials and sentencing, all indictable- advise jury, decide admissibility of evidence, decide law, keep order and pass sentences
Also hears appeals from magistrates on panel with 2 magistrates

Question 7

Role of judges in high court (criminal)

Answer 7

Very limited criminal cases - only case-stated appeals
High court judge sits alone and decides outcome of appeal

Question 8

Role of judges in CoA (criminal)

Answer 8

lord/lady justice of appeal sits as panel of 3 to hear appeals with permission
Writes up individual judgement stating their outcome

Question 9

Role of judges in supreme (criminal)

Answer 9

Supreme court justices sit as panel of 5 hearing appeals of public importance
Write up individual judgement - dismiss or allow appeals

Question 10

District judge (over 400)

Answer 10

INFERIOR
Two types: magistrates or county
Magistrates: summary / sentences, minor triable either way trials / sentences, pre trial matters, decision on guilt and set sentences
County: fast track civil under 10k in county court. make decision on liability and set award.
Alone in both

Question 11

Recorder

Answer 11

INFERIOR
Work part time - 30 days a year (solicitors/baristers for rest of time)
Crown - hear trials and pass sentences if jury finds guilty
County - make decision on liability and impose remedy

Question 12

Circuit (over 600)

Answer 12

INFERIOR
County: hear cases and decide the law, liability and remedy
Crown: oversee trial by jury, advise them, decide law, pass sentence

Question 13

High court judge

Answer 13

73 KBD, 18 chancery, 19 family - SUPERIOR
Specialise in one division, hear first instance trials for high value / complex multi track (decide law,liability,remedy)
hear appeals on points of law panel of 2-3

Question 14

Lord / lady justice of appeal

Answer 14

38 total - SUPERIOR
Sit in CoA (criminal or civil) on panel
Give permission to appeal, then decide outcome and write judgement

Question 15

Supreme court

Answer 15

12 in total - superior
Sit in supreme court in london - cases public importance
Panel, decide law, judgement

Question 16

P: Education and background

Answer 16

Dev: Private schools :73% oxbridge : 79%
Makes them unrepresentative and too exclusive. Also lack of social awareness for those without money / opportunity
E:Judges need best standard of education

Question 17

P: Lack of women

Answer 17

Dev: male dominated, doesnt represent society. First female appointments:
1992 high court
1998 CoA
2004 supreme court
Supreme court 17%
CoA 21%
High court 28%
Circuit 33%
Recorders 22%
44% DJ MC
38% DJ CC
E: changing 45% of new judges in 2020 were women

Question 18

P: Lack of BAME representation and society

Answer 18

Unrepresentative or society, potential prejudice and discrimination
2020 stats: 13.8% of UK population, but only 9% DJ mC, 10% DJ CC, 9% recorders, 4% circuit, 4%High, 0% CoA and supreme
E: However judicial appointments commission attempting to address this

Question 19

P: No specific career route to become judge

Answer 19

Dev: Become barristers then judges, so no specific training, also makes them old and out of touch, need to take pay cut too
Most European countries have specific qualification route for judges
E: Following European trend may make judges too close to govt