The Judiciary Flashcards
Role of a barrister
Representing people and businesses in court
Advising claimants on the strengths and weaknesses of their case
Understanding and interpreting the law to give legal advice
Role of a solicitor
Represent and defend clients
Give advice
What is the role of a civil court judge
Applying relevant law
Giving a judgment
Ensure the case proceeds fairly and efficiently
Deal with the costs
Security of tenure (superior judges)
judges cannot be dismissed by the government
Security of tenure (inferior judges)
Inferior Judges – The Lord Chancellor, with the consent of the Lord Chief Justice, has the power to dismiss inferior judges for incapacity and misbehaviour.
Complaints
Complaints against judges are investigated by an independent body called “TheJudicialConduct Investigations Office”. If they find the complaint to be true, the matter is reported to the Lord Chancellor and the Lord Chief Justice. The offending judge can be warned or reprimanded about their conduct or in serious cases the judge can be removed from office.
Immunity from suit
Judges are given immunity from prosecution for any acts they carry out in performance of their judicial function.
They also have immunity from being sued in a civil case for actions taken or decisions made in the course of their judicial duties,
Independence from the legislature
Full time judges are not allowed to be members of the House of Commons, although the rule is not as strict for part time judges so that recorders and assistant recorders can be members of parliament.
