The Judiciary

Question 1

Inferior Judges

Answer 1

Crown Court and Below

Question 2

Superior Judges

Answer 2

High Court and above

Question 3

Hierarchy of Courts

Answer 3

Supreme: Justices of Supreme Court
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CoA: Lord Justices of Appeal
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High Court: High Court Judges
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Crown Court: High court (serious) and Circuit Judges
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County Court: Circuit Judges ( + District for small claims)
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Magistrates Court: District Judges
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Tribunals: Tribunal Judges

Question 4

Security of Tenure

Answer 4

• Judges not under gov control
• Not be removed as gov changes to server their purpose
• Not criticised in Parliamentary debates.
• Judicial removal mechanisms and length of tenure should be firmly established in law.

Question 5

No minimum age to be a Judge but:

Answer 5

• Have to serve for a reasonable length of time (5 years).
• Must retire by 70, max 75.

Question 6

Judges can be removed:

Answer 6

High Court / CoA: Petition to crown following address presented to both HoP.

Supreme: Similar process, but can appear before a tribunal before parliamentary motion.

Circuit / District: By Lord Chancellor on grounds of misconduct or incapacity, only if agreed by Lord Chief Justice.

Question 7

Immunity From Suit

Answer 7

On the grounds of public policy, judges are given immunity from suit.

Therefore, they are free from any legal action while serving correctly in their capacity, as a judge. Although, this won’t prevent complaints arising against a judge due to their behaviour, language or conduct. It’s therefore possible for a judge to be removed from office in certain circumstances.

Question 8

Independence from Executive

Answer 8

Judges have to be independent from external pressures so D can have a fair trial.

Judiciary must be separate from gov and parliament.

Question 9

Judiciary should ignore pressure from executive to:

Should also ignore:

Answer 9

• Coerce a judge.
• Force a judge to rule against those who oppose executives policies or plans.
• Parliament
• Other judges
• Pressure groups
• Own self interests
  -The media

Question 10

Why is there Judicial Independence

Answer 10

• Verdict is only decided on evidence and facts.
• In jury trials, juries decide on facts, not outside factors.
• Fair and impartial justice
• Protect citizens and their rights.

Question 11

How to achieve Judicial Independence

Answer 11

• Judges have immunity from being prosecuted for acts performed during judicial function
• Immunity from being sued for defamation.
• Any judge made error can be appealed.
• Judges salaries are set by independent bodies.