Judges Flashcards
Role of Judges
supervise the conduct of trials- make sure no misleading evidence.
conduct the jury, and summarise the case for them.
what is Judicial Review
The power to review laws to determine their compliance with basic principles of justice
the 3 things judges have?
immunity (from prosecution), independent, Impartial/unbiased.
what is the test against bias
‘would a fair minded and informed observer conclude that there was a real possibility of bias?’.
from Porter v Magil.
what do judges do in civil cases
decide the outcome of the cases,
interpret and clarify law - sort of make new law (judicial precedent)
apply judicial precedent
what do judges do in criminal cases
do not decide the outcome. D either pleads guilty or the jury decides.
determine sentence for defendant.
summarise case and law for jury.
the two types of bias
actual
apparent
types of judges and the courts they sit in
Justice of the Supreme Court - Supreme court and Privy council
Circuit Judge/Recorder - County Court and Crown Court
District Judge - Crown and Magistrates
Judicial appointment process before 2005
Invitation only.
based on an interview not on how good they are at the job.
Judicial appointment process before 2005 - Criticisms
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’
what acts reformed the law around judicial appointment
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
describe Judicial Appointment Process
Stage 1: Application
Stage 2: Assessment
Stage 3: Selection/Recommendation
Appointment to the Supreme Court.
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.
Criticisms of the Judiciary
*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
what is the training for judges
judges mainly have legal practice background.
Judicial College trains judges in substantive law, evidence & procedure; judicial skills; social context.
what does the judicial college train judges in
substantive law
evidence & procedure
judicial skills
social context.
how are judges paid.
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
how are judges promoted
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.
what are the ways a judge can be terminated
5 ways.
Dismissal,
Discipline,
Resignation,
Retirement,
Removal due otherwise infirmary.
explain dismissal of a judge.
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.
explain discipline of a judge.
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.
explain resignation of a judge
Judge can resign on own volition or be “encouraged” to do so
explain retirement of a judge
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
