Judiciary Flashcards
What is the role of judges?
- To apply the law as stated by parliament in an independant manner.
What is the role of a judge in a Criminal case?
The issue of guilt will be decided by a JURY, and the JUDGE will pass sentence.
What is the role of a judge in Civil cases?
The judge will decide the issue of liability and the amount of damages to be awarded.
What act established that superior judges are completely seperate from parliament, so there are independent?
Constitutional reform act 2005
What act promoted diversity in the Judiciary?
Tribunals Court and Enforcement Act 2007
In what 3 ways was diversity promoted by the TCEA 2007?
- Act widened the legal qualification of judges from a solicitor or barrister to legal executives, registered patent attorneys, and trade mark attorneys.
- Widened the way an applicant can gain legal knowledge.
- Experience required in judicial post has been lowered from 7 - 5 years and higher posts from 10-7 years.
What act aimed to uphold the independence of the judiciary?
Constitution reform act 2005
How did the CRA 2005 uphold the independence of the judiciary?
Selection of judges
How to become a judge
Politics
Pre act : Lord chancellor selected judges based on the opinion of existing judges.
Post act : Judicial appointments now manages recruitment of judges.
Pre act : Lord chancellor woukd decide on who to appoint and that person would be invited to become a judge.
Post act : Judicial posts are now advertised and candidates must apply.
Pre act : Lord chancellor was a political appointment and so was not free from political influence.
Post act : Appointment process is completely free from the politcal influence of the government. (LC is not very involved now)
How and who appoints judges?
Who they are
How they select
The Judicial appointments commission is made up of 15 judical and non-judical members, including the public.
Appointments are made now solely on merit, and posts are widely advertised to encourage a range of candidates to apply.
Recommendations from the JAC are passed on to the LCJ who will make his selection from the list of candidates.
The King will then formally appoint all judges.
What have judges been criticised as being?
“Male, stale and pale”
21% of Court of appeal judges are…
28% of High court judges are…
36% of judges are from…
8% of judges identify as…
There are only 2…
Female
Female
Non-barrister backgrounds
BAME
Justices of the Supreme court
What are the 2 major acts?
Constitutional reform act 2005
Tribunals, court and enforcement act 2007
Who trains Judges?
The Judicial college
What are the 3 main elements of judicial training?
- Knowledge of substantive law, evidence and procedure.
- The acquisition and improvement of judical skills.
- The social context within which judge occurs.
How does judicial training start?
FIRST APPOINTMENT
Judges go through an induction programme,and will be assigned a mentor (usually and experiences judge).
They are expected to participate in continuing professional development through the completion of seminars and e-learning which teaches judges about developments in legislation and procedure.
S.3 of … guarantees judicial independence and states that this must be upheld at all times.
Constitutional reform act 2005
What does s.3 of CRA 2005 state?
- Judges are free from infuence from the legislature.
- Judges should be free from political bias.
Which case showed that judges can declare UK legislation incompatible with the ECHR?
Belmarsh Case 2004
Which case study shows the Judges can declare UK legislation incompatible with the ECHR?
Belmarsh case 2004
What is meant by “Security of Tenure”?
This means that judges should not be at the risk of removal just because the government may not agree with their decision.
When do Judges retire?
Usually at the age of 70
Who can remove Judges from office?
The Judicial conduct investigations office, who deals with all issues of judicial discipline.
Do Inferior judges have the same security of tenure as superior judges?
why?
No, the Lord chancellor has the power to dismiss any inferior judge for incapacity or misbehaviour.
