The Judiciary Flashcards
What is the role of judges?
To make decisions in a fair, unbiased way, applying the law and legal rules of England and Wales
List the Inferior Judges.
- Circuit Judges (Crown or County)
- Recorders (part-time judges)
- District Judges (hear small claims)
- District Judges (sit in major Mag. Courts)
- Tribunal Judges (oversee tribunals)
List the Superior Judges.
- Justices of the Supreme Court
- Lord Justices of Appeal
- High Court Judges
District Judges
Sit in the County Court, dealing with civil cases
Vast majority are solicitors (with at least five years experience)
Woolf reforms resulted in more district judges being appointed
Recorders
Part-time Judges who sit in the Crown Court for 20 days in the year
Must have been qualified as a barrister or solicitor for at least seven years
Appointment is for five years
Circuit Judges
Sit in County or Crown Court
EITHER
At least 7 years rights of audience experience
OR
have been a Recorder
High Court Judges
They are Knighted on appointment
At least 7 years of experience within the High Court
OR
been a Circuit Judge for at least 2 years
Lord Justices of Appeal
Sit on CoA and Divisional Court
Usually appointed among High Court Judges, but can be appointed from practitioners with 7 years of High Court experience
Supreme Court Justices
Sit in Supreme Court and Judicial Committee of the Privy Council
Usually appointed among Lord Justices of appeal, but can qualify either as practitioners with 15 years experience or having held judicial office for 2 years
How does the Judicial Appointments Commission work?
Responsible for selecting over 500 people each year for appointment to judicial posts
What are the 5 qualities for a good judge according the the Judicial Appointments Commission?
-intellectual capacity
-personal qualities including integrity, independence of mind, willingness to learn, etc.
-ability to understand and deal fairly
-authority and communication skills
-efficiency
What is the selection process for Judges?
- Candidates fill application form (nominating 3-6 referees)
- Candidates must do an online qualifying test
- Candidates are then shortlisted based on their performance in 1 and 2
- Shortlisted candidates are interviewed
- The Judicial Appointments Commission selects successful applicants and recommends them to the Lord Chancellor for appointment.
Role of the Judge in a Criminal Trial
PRIMARY DUTY - To ensure a fair trial.
Ensure proof beyond reasonable doubt
Ensure the Jury understands evidence
Determine sentence if D found guilty
Role of the Judge in a Civil Case
Judges have to be active in managing cases (agree timetable etc.)
Judges must encourage ADR
Judges must apply the law to facts from evidence
Role of the Judge in any Appeal Case
Judges do not usually have to concern themselves with issues of fact
They interpret the law and decide whether the law was applied correctly from facts in the appealed case
They may also decide if the sentence or awards were appropriate
