The Judiciary

Question 1

What is the role of judges?

Answer 1

To make decisions in a fair, unbiased way, applying the law and the legal rules of England and Wales in the right way.

Question 2

What are the two types of judges?

Answer 2

Inferior judges and Superior judges.

Question 3

Who are the inferior judges and where are they stationed?

Answer 3

These are all judges below those that serve in the high court.

• Circuit judges (sit in both the crown and country courts)
• Recorders (part-time judges who usually sit in the Crown Court, though some hear cases in the County Court)
• District judges (hear small claims and other matters in the County Courts)
• Magistrates (sit in the magistrates court)
• Tribunal judges

Question 4

Who are the superior judges and where are they stationed?

Answer 4

All the judges who serve in the high court and above.

• The justices of the Supreme Court.
• The Lord justices of appeal in the court of appeal.
• High court judges.

Question 5

Describe District judges.

Answer 5

• Vast majority solicitors, with at least 5 years experience.
• Sit in the county court dealing with civil cases.
• Woolf reforms resulted in more district judges being appointed.

Question 6

Describe Assistant Recorders and Recorders.

Answer 6

• Part time judges who usually sit in the crown court for 20 days a year.
• Must have been qualified as barrister or solicitor for at least 7 years.
• Appointment is for 5 years.

Question 7

Describe Circuit judges.

Answer 7

• Sit in county courts or crown courts.

- At least 7 years rights of audience experience or have been a recorder to qualify.

Question 8

Describe high court judges.

Answer 8

• Advocates of at least 7 years experience within the high court or been a circuit judge for at least 2 years to qualify.
• They are knighted on appointment.
• Solicitors and academic lawyers can be appointed.

Question 9

Describe the Lord justices of appeal.

Answer 9

• Sit in the court of appeal and divisional court.
• Usually appointed from among high court judges, but can be appointed from among practitioners with 7 years high court experience.

Question 10

Describe the Supreme Court justices.

Answer 10

• Usually appointed from among lord justices of appeal, but can qualify either as practitioners with 15 years experience or having held high judicial office for 2 years.
• Sit in the Supreme Court and judicial committee of the privy council (which advises the Queen).

Question 11

When and how did the highest court of the land go from the House of Lords to the Supreme Court.

Answer 11

Before 2005 highest court in the land was House of Lords.

• Within the House of Lords there was a special committee called the Judicial Committee of the House of Lords.
• They were called Law Lords.
• 2005 constitutional reform act. Law lords were taken out of the House of Lords and put into the new Supreme Court of the UK. Started work in 2009.

Question 12

What is the judicial appointments commission?

Answer 12

The judicial commission is responsible for selecting over 500 people a year for judicial posts.

• Appointments made solely on merit.
• Commission responsible for selecting candidates for appointment.
• No candidates can be appointed unless recommended by the Commission.
• Commission must consult with the Lord Chief Justice + another judge of equal experience before recommending a candidate for appointment.

Question 13

What qualities are required to be a judge?

Answer 13

• Intellectual capacity.
• Personal qualities including integrity, independence of mind, sound judgement, decisiveness, objectivity, and willingness to learn.
• Ability to understand and deal fairly.
• Authority and communication skills.
• Efficiency.
  The candidate must also be of good character i.e. have no criminal convictions, only potential exception is minor motoring offences.

Question 14

Describe the process of selection for judges.

Answer 14

1) Candidates fill in an application form and nominate 3-6 referees.
2) Commission also publishes a list of people it may consult about candidates (For all judicial posts below that of Circuit judge, there is an extra filtering process).
3) All applicants must take an online qualifying test. Tests are designed to assess a candidates ability to perform judicial roles.
4) Candidates are then short listed based on performance so far.
5) Candidates on short list will then be interviewed. Interview may take the form of role playing or taking part in formal, structured discussion.
6) Commission then selects those to be appointed and recommends them to the Lord Chancellor/Lord Chief Justice for appointment.

Question 15

Who appoints judges?

Answer 15

The appointment is made by the Queen.

Question 16

Who trains newly appointed judges and what do they do.

Answer 16

• Training carried out by the Judicial College set up in 2011 by bringing together the Judicial Studies Board, and the Tribunals Judicial Training Group.
• All new judges take part in an induction programme with a residential course which lasts about 3-5 days. Lower level new judges are assigned an more experience judge to act as a mentor.
• Where judges are promoted to a higher level in the judiciary then they will attend the induction course for that level.

Question 17

What is the role of the Justices of the Supreme Court?

Answer 17

• They hear about 100 appeals a year which can be both criminal and civil.
• A case can only be appealed here if there is a point of law involved.
• Justices will sit as an uneven number.
• Any decision made will set a precedent for all lower courts.

Question 18

What is the role of the Lords Justices of Appeal?

Answer 18

Similar to that of the Justices of the Supreme Court but with a heavier work load. Will usually sit as a panel of 3 or 5.

Question 19

What is the role of a Judge in a criminal case? (Crown Court)

Answer 19

Sits with a jury of 12 and primary duty is to ensure a fair trial which is done by following the rules of evidence and procedure so each party has its case heard fairly.

• Judge must also ensure that any jury understands the evidence.
• The Judge will only deal with points of law and will determine a sentence if the D is found guilty.

Question 20

What is the role of a Judge in a criminal case (magistrates)

Answer 20

Magistrate sits on his own and makes decisions about the law and the facts. They will also decide whether the D is guilty and decide a sentence.

Question 21

What is the role of a Judge in a Civil case?

Answer 21

Will sit alone to decide facts and law, make decision on which party wins case, and award damages.

Question 22

What is the role of Judges in appeal cases?

Answer 22

They generally don’t have to concern themselves with issues of fact but will have to interpret the law and decide whether the previous judge applied it correctly.
They can also decide if the sentence or award was appropriate.
(appeal is not a retrial).

Question 23

What is the separation of powers

Answer 23

Executive (the government) =  propose laws.  
The legislature (parliament) = pass laws. 
Judiciary (judges) = interpret and carry out laws.

Question 24

Describe the retirement of judges.

Answer 24

• The judicial pensions and retirement act 1993 made the ordinary retirement age 70.
• Enabled a minister to allow individual judges to remain in office until 75, if they were a working judge before the act. Some other special circumstances may also allow this.
• Exception is the post of Lord Chancellor.

Question 25

How can inferior judges get removed from office?

Answer 25

They can be dismissed by the Lord Chancellor for incapacity or misbehaviour (Constitutional reform act 2005). Lord Chief Justice can also suspended them from office if subject to criminal proceeding but this must be done with the approval of the Lord Chancellor and under set procedures.

Question 26

How can superior judges get removed from office?

Answer 26

They can only be removed by the monarch following a petition presented to her by both houses of parliament. Originated in the Act of Settlement 1700 and then developed in the Senior Courts Act 1981 and Constitutional Reform Act 2005. Overall this is good as a judge cannot be removed due to political disagreement.

Question 27

how has women in the judiciary changed over the years?

Answer 27

Higher level:
1990s - no women judges in court of appeal and only 3 in high court.
2016 - 8 women judges in court of appeal and 23 in high court.
Lower level:
1990s - 5% of circuit judges and recorders women.
2016 - 25% circuit judges, 17% recorders.
District judges:
1990s - 2% were female.
2016 - 30%.

more women barristers and solicitors so more possible applicants.

Question 28

How had ethnic minorities in the judiciary changed over the years?

Answer 28

1990s - no black and minority ethnic background judges in the court of appeal or high court and very few in lower judicial posts.
2016 - 3 BME high court judges and 17 circuit judges. 7% of recorders and 8% district judges from BME backgrounds.

Question 29

Describe the education and level of judges.

Answer 29

It is very clear that judges higher up generally have had more expensive/private education compared to judges lower down and judges higher up would of most likely of gone to Oxford/Cambridge. Some have wondered whether being a judge should be a career path where you can be trained without having to practice as a lawyer first.

Question 30

How are judges independent from legislature?

Answer 30

• Not involved in law making apart from common law.
• Full time judges cannot be members of parliament, although part time ones can (recorders and assistant recorders).
• Supreme Court judges cannot be members of the House of Lords.

Question 31

How are judges independent form the executive?

Answer 31

• Superior judges cannot be dismissed by the government.

- Judicial independence is guaranteed in the Constitutional Reform Act 2005.

Question 32

How are judges free from pressure?

Answer 32

• Judges salaries are paid from the ‘Consolidated Fund’. Parliament can alter retirement ages and qualifying periods for pensions. (check the relevance of this)

Question 33

How are judges immune from suit?

Answer 33

Judges cannot be sued for decisions they make in cases, even in they make a mistake (Sirros v Moore). This allows a judge to perform his duties without fear of repercussions.

Question 34

How are judges independent from a cases?

Answer 34

Judges must not try any cases where they have any interest in the issue involved (Pinochet case). Judges must be completely impartial when making decisions.

Question 35

What are judicial review cases?

Answer 35

It is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body (e.g. Government). It challenges a way a decision has been made and whether that body had the power to make that decision not the conclusion that was reached. (make sure you know some pro-gov decisions and some anti-gov ones)

Question 36

What are some of the advantages of an independent judiciary?

Answer 36

• Decisions made only on the basis of the facts of the case and the law.
• Judiciary are able to protect people from unlawful acts of government without fear of repercussions.
• Public confidence as they know their cases will be decided fairly and in accordance with the law.

Question 37

How has the position of Lord Chancellor changed?

Answer 37

In folder.