Judges Flashcards
Justices Of The Supreme Court
-Can be civil or criminal
-100 a year, points of law on general public importance
-Civil involves complex areas such as planning, tax or company law
-Sit as a panel of three minimum
-Decisions are binding (MILLER NO2)
Lord Justices of Appeal
-Both civil and criminal
-Over 7000 applications for leave to appeal against sentence, only around 1/4 progress to full hearing
-Over 3000 civil against a finding of liability or the remedy given
-Sit as a panel of three, decisions are legally binding
High Court Judges
-Main role is to try cases as a single
-Hear evidence from witness, make findings, decide the law and who has won the case, decide remedy
-Hear appeals from civil cases in the county court and tribunal cases
High Court Judge - KBD
-Hear criminal appeals by way of case stated from magistrates on matter of law as a panel of two
-Crown trials with a jury, decided law and sentence
Circuit Judges
-Sit in county court to hear civil cases
-Decide the facts, law and outcome
-Also sit in crown court to try criminal cases
Recorders
Appointed part time for five years, mainly in the crown court but also hear some civil county court
District Judge
Sit in county court to deal with small claims and deal with some larger amounts
District Judge - Magistrates
-Try criminal cases, sit on their own, decide the facts, law and verdict
-Decide sentence if they have the power to do so
Independence Of The Judiciary (6)
- Security Of Tenure (Superior Judges)
- Security Of Tenure ( Inferior Judges)
- Complaints
- Immunity From The Suit
- Immunity From The Two Arms
- Immunity From The Case
Security Of Tenure (Superior Judges)
-Can’t be dismissed by the government
-Senior Court Act 1981 for high court judges and lords of appeal
-Structural Reform Act 2005 for justices of the Supreme Court
-This means judges can only be removed by the monarch following a petition of both Houses of Parliament
-Judges are protected from attack by politicians so can make independent judgements
Security Of The Tenure (Inferior Judges)
-Can be dismissed by Lord chancellor with consent from lord chief justice for incapacity or misbehaviour
Complaints
-Investigated by the Judicial Conducts Investigations Office(independent from government)
-If a complaint is upheld the matter is reported to the lord chief justice and the lord chancellor
-A warning, reprimand or removal from office may follow
Immunity From The Suit
-Judges are given immunity from the prosecution for any acts the carry out in their role as a judge, for example decisions made
-(SIRROS V MOORE) judge wrongly ordered a persons detention in good faith, no action of false imprisonment could be brought against him.
Independence From The Executive
-Can not be dismissed by the government so they can make decisions which displease the executive (MILLER No2)
Independence From The Legislature
Judges are not involved in the law making process
-Full time judges can’t be members of the House of Commons
-Creation of The Supreme Court 2009, has helped clearly differentiate judiciary from legislature
