The Judicary And Judicial Independence Flashcards
What Act now guarantees judicial independence?
Section 3 of the Constitutional Reform Act 2005.
What does the Constitutional Reform Act state?
The Lord Chancellor, other ministers in the government and anyone with responsibility relating to the judiciary must uphold the continued independence of the judiciary.
What does it mean that superior judges have security of tenure?
They can only be removed by the monarch after a petition is given by both Houses of Parliament.
Do inferior have the same security of tenure as superior judges?
No
How is an inferior judge dismissed?
The Lord Chancellor with consent of the Lord Chief Justice has the power to dismiss inferior judges for incapacity and misbehaviour.
What are judges given immunity from?
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.
What commission went a long way to secure independence of the judiciary from the executive? And what does this now mean?
The judicial appointment commission which now means judges are independently appointed on merit and past records with tests and references.
Who are the judiciary independent from?
The executive as the government.
What cant ministers do?
Dismiss a superior judge or hold judicial office.
How can the judiciary’s actions be reviewed?
Through the process of judicial review.
What is an example of how the judiciary are independent from the other two branches of state?
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.
What are the judiciary separate from and what does this mean?
Legislature which means full time judges cant be a member of parliament.
Before The Supreme Court in 2009 what were law lords technically part of and what’s the situation now?
The House Lords but now they aren’t and the Supreme Court has its own building and support staff.
When cant judges try a case and what case reinforced this rule?
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.
Which judges are inferior judges?
District judges, Magistrates court, recorders and circuit judges.
What type of cases do inferior judges mainly here?
Cases at first instance.
What can an inferior judges role be split into?
Two main functions: criminal and civil.
When sitting in The Crown Court what do Recorders and circuit judges hear?
Criminal cases with a jury which means their role could be likened to a referee or umpire.
What do circuit judges and recorders make sure of in the crown court?
That all evidence is followed and ensure barristers and solicitors advocates are following the rules.
What do recorders and circuit judges do for the jury?
Summarise relevant law and evidence.
What might recorders and circuit judges allow in a criminal case?
A majority verdict after a certain amount of time.
If someone is found guilty by the jury what do recorders and circuit judges have to do?
Decide on an appropriate sentence using the Sentencing Council Guidelines.
What is the role of district judges and magistrate court similar to but what is different?
Similar to a law magistrate but they sit alone.
What is the main function of High Court Judges?
To try cases at first instance.
What do High Court Judges do?
Hear evidence from witnesses, decide what the law is and make the decision as to which side has won the case.
If the claim is for damages what do High Court Judges do?
Decide how much should be awarded to the winning claimant.
When hearing cases on first instance where do High court judges sit?
On their own.
When High Court Judges hear appeals what side of law are these from and where are they tried?
Usually Civil cases tried in the County Court.
What do judges in the Queens Bench Division hear?
Criminal appeals (on law only) from the magistrates court by a special case stated method.
When sitting to hear appeals in the Queens Bench Division how do High Court Judges sit?
As a panel of two judges.
Where do judges from the Queens Bench division also sit?
In the crown court to hear criminal trials with a jury.
Where do Lords Justices do Appeal sit?
Civil and criminal divisions of the curt of appeal.
How many criminal applications for leave do the lord justices of appeal hear?
Over 7,000 which are dealt with by one judge.
How do Court of appeal judges usually sit?
As a panel of 3 or on rare occasions a panel of 5.
What do decisions of the court of appeal become?
Precedent which lower courts must follow.
