The Judicary And Judicial Independence

Question 1

What Act now guarantees judicial independence?

Answer 1

Section 3 of the Constitutional Reform Act 2005.

Question 2

What does the Constitutional Reform Act state?

Answer 2

The Lord Chancellor, other ministers in the government and anyone with responsibility relating to the judiciary must uphold the continued independence of the judiciary.

Question 3

What does it mean that superior judges have security of tenure?

Answer 3

They can only be removed by the monarch after a petition is given by both Houses of Parliament.

Question 4

Do inferior have the same security of tenure as superior judges?

Answer 4

No

Question 5

How is an inferior judge dismissed?

Answer 5

The Lord Chancellor with consent of the Lord Chief Justice has the power to dismiss inferior judges for incapacity and misbehaviour.

Question 6

What are judges given immunity from?

Answer 6

Prosecution for any acts they carry out in performance of their judicial function, Sirros v Moore as well as being sued in a civil case for actions taken or decisions made in the course of judicial duties.

Question 7

What commission went a long way to secure independence of the judiciary from the executive? And what does this now mean?

Answer 7

The judicial appointment commission which now means judges are independently appointed on merit and past records with tests and references.

Question 8

Who are the judiciary independent from?

Answer 8

The executive as the government.

Question 9

What cant ministers do?

Answer 9

Dismiss a superior judge or hold judicial office.

Question 10

How can the judiciary’s actions be reviewed?

Answer 10

Through the process of judicial review.

Question 11

What is an example of how the judiciary are independent from the other two branches of state?

Answer 11

Miller v Secretary of State for European Union - the high court held that the government couldn’t start the process of leaving the EU without consulting parliament first.

Question 12

What are the judiciary separate from and what does this mean?

Answer 12

Legislature which means full time judges cant be a member of parliament.

Question 13

Before The Supreme Court in 2009 what were law lords technically part of and what’s the situation now?

Answer 13

The House Lords but now they aren’t and the Supreme Court has its own building and support staff.

Question 14

When cant judges try a case and what case reinforced this rule?

Answer 14

If they have an interest in the issue involved reinforced by the Pinochet case where there was a claim to extradite Pincohet to Chile to face possible trial for human rights offences including torture and death however it was found Lord Hoffman in the appeal hearing was a director of amnesty international and so the decision to extradite Pincohet had to be re-tried with a new panel of judges.

Question 15

Which judges are inferior judges?

Answer 15

District judges, Magistrates court, recorders and circuit judges.

Question 16

What type of cases do inferior judges mainly here?

Answer 16

Cases at first instance.

Question 17

What can an inferior judges role be split into?

Answer 17

Two main functions: criminal and civil.

Question 18

When sitting in The Crown Court what do Recorders and circuit judges hear?

Answer 18

Criminal cases with a jury which means their role could be likened to a referee or umpire.

Question 19

What do circuit judges and recorders make sure of in the crown court?

Answer 19

That all evidence is followed and ensure barristers and solicitors advocates are following the rules.

Question 20

What do recorders and circuit judges do for the jury?

Answer 20

Summarise relevant law and evidence.

Question 21

What might recorders and circuit judges allow in a criminal case?

Answer 21

A majority verdict after a certain amount of time.

Question 22

If someone is found guilty by the jury what do recorders and circuit judges have to do?

Answer 22

Decide on an appropriate sentence using the Sentencing Council Guidelines.

Question 23

What is the role of district judges and magistrate court similar to but what is different?

Answer 23

Similar to a law magistrate but they sit alone.

Question 24

What is the main function of High Court Judges?

Answer 24

To try cases at first instance.

Question 25

What do High Court Judges do?

Answer 25

Hear evidence from witnesses, decide what the law is and make the decision as to which side has won the case.

Question 26

If the claim is for damages what do High Court Judges do?

Answer 26

Decide how much should be awarded to the winning claimant.

Question 27

When hearing cases on first instance where do High court judges sit?

Answer 27

On their own.

Question 28

When High Court Judges hear appeals what side of law are these from and where are they tried?

Answer 28

Usually Civil cases tried in the County Court.

Question 29

What do judges in the Queens Bench Division hear?

Answer 29

Criminal appeals (on law only) from the magistrates court by a special case stated method.

Question 30

When sitting to hear appeals in the Queens Bench Division how do High Court Judges sit?

Answer 30

As a panel of two judges.

Question 31

Where do judges from the Queens Bench division also sit?

Answer 31

In the crown court to hear criminal trials with a jury.

Question 32

Where do Lords Justices do Appeal sit?

Answer 32

Civil and criminal divisions of the curt of appeal.

Question 33

How many criminal applications for leave do the lord justices of appeal hear?

Answer 33

Over 7,000 which are dealt with by one judge.

Question 34

How do Court of appeal judges usually sit?

Answer 34

As a panel of 3 or on rare occasions a panel of 5.

Question 35

What do decisions of the court of appeal become?

Answer 35

Precedent which lower courts must follow.