Judiciary

Question 1

What is a superior judge?

Answer 1

A judge who sits in the High Court or above.

Question 2

What is an inferior judge?

Answer 2

All those below the High Court.

Question 3

What is a Court of First instance?

Answer 3

The court where a case is originally heard e.g. in criminal cases, magistrates’ or crown and with civil the County Court or High Court.

Question 4

What is an appeal court?

Answer 4

A court that has an appellate function.

Question 5

What is an advocate?

Answer 5

A lawyer who represents someone in court.

Question 6

What are rights of audience?

Answer 6

The right a lawyer has to be to be heard on behalf of their client in a particular court.

Question 7

What is advocacy qualification?

Answer 7

The right to be an advocate in a particular court.

Question 8

Who are the superior judges?

Answer 8

The Supreme Court Justices who sit in the Supreme Court, the Lords Justices of Appeal who sit in the Court of Appeal, High Court Judges who sit in the High Court.

Question 9

Who are the inferior judges?

Answer 9

Circuit Judges who sit in the Crown Court and County Court, Recorders who are Circuit Judges but part time, District Judges who hear cases in the County Court.

Question 10

What are District Judges also qualified to do?

Answer 10

Sit on their own as qualified judges in the Magistrates’.

Question 11

What is the role of a judge in a court of first instance?

Answer 11

Decides legal issues and questions of law during a trial, ensures rules of evidence and procedure are kept and keeps order in the court.

Question 12

In criminal cases in a court of first of instance what else do judges do?

Answer 12

Sums up prosecution and defence arguments, directs the jury in matters of law, sentences a convicted person based on sentencing guidelines.

Question 13

In civil cases in a court of first of instance what else do judges do?

Answer 13

Decides liability and in a limited number of cases a jury, decides a remedy e.g. damages, injunction etc, decides the questions of law.

Question 14

What is the role of a judge in a court of appeal?

Answer 14

Decide whether permission for appeal should be granted, decide whether to reverse the decision, decide whether to revise an award or court order, decide issues of law (COA or SC).

Question 15

Where can the qualifications of judges be found?

Answer 15

Courts and Legal Services Act 1990 as amended by the Tribunals, Courts and Enforcement Act 2007.

Question 16

How were judges selected before the Constitutional Reform Act 2005?

Answer 16

Lord Chancellor selected judges based on opinions of existing judges and would decide who to appoint - very secretive.

Question 17

Why was judge selection inappropriate before CRA 2005?

Answer 17

The Lord Chancellor is a political appointment and therefore not free from political influence.

Question 18

How are Supreme Court judges selected now after the CRA 2005?

Answer 18

By a Supreme Court Selection Committee, specially convened by the Lord Chancellor when a vacancy arises, he may only reject a selection if he gives written reasons on why they are not suitable for office.

Question 19

How are all judges other than in the Supreme Court selected?

Answer 19

Since 2006 the Judicial Appointments Commission (JAC). They recommend a candidate to the Lord Chancellor and he is able to reject this candidate but not select an alternative. Appointments are made solely on merit.

Question 20

What is the appointment process for a judge?

Answer 20

Posts are advertised, eligibility tests and character checks, qualifying test, a shortlist is then drawn up, interviews and then a decision is made and recommended to the Lord Chancellor.

Question 21

What are the five judicial qualities the JAC look for in the character checks?

Answer 21

Intellectual capacity, personal qualities such as integrity, sound judgement, ability to understand and deal fairly, authority and communication skills, efficiency.

Question 22

What body is responsible for the training of judges?

Answer 22

The Judicial Studies Board which was established in 1979.

Question 23

What training to judges receive?

Answer 23

A one week course from the Judicial Studies Board and shadow an experienced judge for a week. They also have compulsory yearly updating courses for judges in the Crown, County and High Court.

Question 24

What are some advantages of judges’ training?

Answer 24

It includes human awareness like gender or disability issues, the impact of crimes on victims and how to deal with unrepresented parties.

Question 25

What are some disadvantages of judges’ training?

Answer 25

It is very short, even experienced lawyers don’t have experience of summing up to jury or sentencing. Some recorders in particular have not practices as criminal lawyers so experience is very limited and a week training court is too short.

Question 26

Should there be a career judiciary?

Answer 26

In countries like France people may go straight into being trained
as judges instead of having to spend years practicing as an advocate first. This leads to younger average
age of judges, with more training in the specific skills they need as judges BUT issues of whether they
are too linked to the government as they are civil servants and not sufficiently independent.

Question 27

All judges retire at 70 years old under what act?

Answer 27

Judicial Pensions and Retirement Act 1993.

Question 28

Superior judges have what privilege with regards to their removal?

Answer 28

Security of tenure. They cannot be removed by the Lord Chancellor or the government. They may only be removed if both HofC and HofL jointly petition the Queen.

Question 29

What does security of tenure allow superior judges to do?

Answer 29

Be independent in their judgements.

Question 30

Inferior judges do not have what privilege with regards to their removal?

Answer 30

Security of tenure.

Question 31

How may inferior judges be removed?

Answer 31

They can be dismissed by the Lord Chancellor for incapacity or misbehaviour.

Question 32

On what grounds might an inferior judge be removed on grounds of incapacity?

Answer 32

Failure to complete training or repeated failure to meet sitting requirements.

Question 33

On what grounds might an inferior judge be removed on grounds of misbehaviour?

Answer 33

If they have a criminal conviction and since 2005 the Lord Chancellor has the power to suspend a judge if they are subject to criminal proceedings or convicted.

Question 34

There are many positives and negatives of the judiciary, lots and lots so have a go at doing all the negatives you can remember.

Answer 34

Method of selection and appointment (seen to be secretive but reformed by CRA 2005), social background (unrepresentative of society), training far too short, judges have been accused of being too socially conservative.

Question 35

What biases have the judiciary been accused of?

Answer 35

Bias in favour of the government and establishment (GCHQ case 1984), Bias in favour of police (McKilkenny v Chief Constable West Midlands - a Lord refused to believe police brutality had occured), bias against women with old fashioned views in sexual offences.

Question 36

When have judges shown they can be independent?

Answer 36

Ex parte Venables - 10year sentence give by judge Home Sec raised it to 15 but COA overruled and returned it to 10 - and in A and another v Home Secretary 2004 - HofL declared Anti-Terrorism, Crime and Security Act 2001 was incompatible with Human Rights Act 1998.

Question 37

What is the separation of powers theory?

Answer 37

The main functions of the state should be kept separate and these are: Legislature (law making), Executive (Governemnt and employees i.e. police) and Judiciary.

Question 38

Why did we need reforms in the UK?

Answer 38

The Lord Chancellor was the head of the judges, had a seat in the House of Lords and was a member of the Cabinet. The highest judges also sat in the House of Lords and where part of the Legislature.

Question 39

How did the Constitutional Reform Act 2005 help separate the powers?

Answer 39

The lord Chancellor is now a political appointment (He has been replaced by the Lord Chief Justice), the Judicial Appointments Commission has taken over judicial appointments from Lord Chancellor, and the Supreme Court has been set up where the Law Lords now sit and have no right to sit as part of the Legislature.

Question 40

How can the independence of the judiciary be maintained?

Answer 40

Apart from the reforms of the CRA, judges have immunity from suit as of Sirros v Moore 1974, their salaries are not subject to vote by parliament instead they are paid out of a consolidated fund and they have security of tenure.