Judiciary 4/13

Question 1

Explain the Judicial Hierarchy

Answer 1

(Superior)
1. Justices of the Supreme Court (SC)
2. Lord Justices of Appeal (COA)
3. High Court Judges (1/3 divisions QBD)
(Inferior)
4. Circuit judges (Crown/County)
5. Recorders (part-time Crown/County)
6. District Judges (County - small claims, Mags in major cities)

Question 2

Role of judges at first instance in all courts

Answer 2

• Ensure hearing varied out fairly
• Preside over the Court
• Decide questions of law

Question 3

Role of judges at first instance in criminal cases

Answer 3

• Magistrates (decide verdict, sentence, prelim matters e.g. bail)
• Crown (sum up case for jury, sentence where appropriate)

Question 4

Roles of judges at first instance in civil cases

Answer 4

• Decisions made by single judge
• Decide verdict + award
• Help parties explain their case in small claims
• Act as case manager
• Hold prelim hearings
• Keep parties to time limits

Question 5

Role of Judges in Appeal Courts

Answer 5

1. Decisions made by 3+ judges sitting together
2. Review the case
3. Decide on the issues of law
4. Decide if the outcome was wrong/unusual
5. Change the decision or order retrial
6. Revise the sentence
7. Conduct judicial review
8. Clarify/amend the law

Question 6

Social Background of Judiciary before Constitutional Reform Act?

Answer 6

• Judges appointed on recommendation of Lord Chancellor in secret
• Few women and ethnic minorities
• 80% of SC judge went to Oxbridge + of wealthy background

Question 7

Background of judiciary after Constitutional Reform Act?

Answer 7

• Appointment based on merit
• Vacancies are advertised and require applications
• Positive steps taken to diversify the jury

Question 8

Explain Tenure (judges)

Answer 8

• Comes under Act Of Settlement 1701, judge cannot be removed except by Monarch after petition from both Houses
• Superior judges can be asked to resign
• Inferior judges removed by Lord Chancellor and LCJ for incapacity/misbehaviour
• Records appointed for 5yr period, must be reappointed unless for good reason
• Retire at 70
• Judges have immunity of suit (can’t be sued), means immunity from prosecution for something done as part of judicial function
• Can’t be sued for defamation for something said about parties/witnesses during hearings