Judges

Question 1

Role of Judges

Answer 1

supervise the conduct of trials- make sure no misleading evidence.

conduct the jury, and summarise the case for them.

Question 2

what is Judicial Review

Answer 2

The power to review laws to determine their compliance with basic principles of justice

Question 3

the 3 things judges have?

Answer 3

immunity (from prosecution), independent, Impartial/unbiased.

Question 4

what is the test against bias

Answer 4

‘would a fair minded and informed observer conclude that there was a real possibility of bias?’.

from Porter v Magil.

Question 5

what do judges do in civil cases

Answer 5

decide the outcome of the cases,
interpret and clarify law - sort of make new law (judicial precedent)
apply judicial precedent

Question 6

what do judges do in criminal cases

Answer 6

do not decide the outcome. D either pleads guilty or the jury decides.
determine sentence for defendant.
summarise case and law for jury.

Question 7

the two types of bias

Answer 7

actual
apparent

Question 8

types of judges and the courts they sit in

Answer 8

Justice of the Supreme Court - Supreme court and Privy council

Circuit Judge/Recorder - County Court and Crown Court

District Judge - Crown and Magistrates

Question 9

Judicial appointment process before 2005

Answer 9

Invitation only.
based on an interview not on how good they are at the job.

Question 10

Judicial appointment process before 2005 - Criticisms

Answer 10

dominated by politicians bc it had a ‘old boys network’ situation.

Lots of secrecy, jobs weren’t advertised they were offered.

discrimination against those not in the ‘network’

Question 11

what acts reformed the law around judicial appointment

Answer 11

Constitutional Reform Act 2005 - established the Judicial Appointment Process.

Tribunals, Courts and Enforcement Act 2007 - Widened the pool of lawyers eligible to become a Judge

Question 12

describe Judicial Appointment Process

Answer 12

Stage 1: Application
Stage 2: Assessment
Stage 3: Selection/Recommendation

Question 13

Appointment to the Supreme Court.

Answer 13

Judicial Appointments Commission not involved - Temporary Commission specially formed for the process.

Recommends 2 – 5 suitable candidates according to set criteria.

Minister then recommends to PM who recommends to the King.

Question 14

Criticisms of the Judiciary

Answer 14

*Criticisms relate to background, ethnic origin, sex and age. if those who are making the judgement on those in society do not accurately represent the society - causes issues.

*Problems with judicial independence

Question 15

what is the training for judges

Answer 15

judges mainly have legal practice background.

Judicial College trains judges in substantive law, evidence & procedure; judicial skills; social context.

Question 16

what does the judicial college train judges in

Answer 16

substantive law
evidence & procedure
judicial skills
social context.

Question 17

how are judges paid.

Answer 17

paid very good salaries, but top judges may receive more.

this is to attract top candidates, and also they dont get promotedd in the regular way to keep there job and keep it serious

Question 18

how are judges promoted

Answer 18

they are not promoted as this may affect decision making.

some posts in this system need judicial experience however they can not directly apply for a promotion in the traditional sense.

Question 19

what are the ways a judge can be terminated

Answer 19

5 ways.

Dismissal,
Discipline,
Resignation,
Retirement,
Removal due otherwise infirmary.

Question 20

explain dismissal of a judge.

Answer 20

Act of Settlement 1700 - HC judges can be removed by the king if both members of parliament agree to it.

Courts Act 1971 - Circuit Judges and District Judges may be dismissed by Lord Chancellor for “inability” or “misbehaviour”

Constitutional Reform Act 2005 -provides for Lord Chancellor to lay down dismissal procedures

this is a last resort.

Question 21

explain discipline of a judge.

Answer 21

Judicial Conduct Investigations Office – considers complaints about the personal conduct of judges

Lord Chancellor responsible for judicial discipline. ‘constitutional Reform Act 2005’ - can give formal advice, formal warning or reprimand

Simon Newell, Circuit Judge, Preston, reprimanded for comments made to a pub owner following an argument about Newell’s dog (The Guardian, 12 April 2017)

this is for public confidence - if judge is going through any level of criminal procedure - can be suspended.

Question 22

explain resignation of a judge

Answer 22

Judge can resign on own volition or be “encouraged” to do so

Question 23

explain retirement of a judge

Answer 23

retire usually at 70

can work part time till 75.

Lord Chancellor has powers to remove Judge due to permanent infirmary and incapable of resigning post