The Judiciary

Question 1

Who are superior judges?

Answer 1

Judges from the High Court of Justice and above

Question 2

Who are inferior judges?

Answer 2

Judges from the lower courts

Question 3

What are High Court judges known as?

Answer 3

Puisne Judges

Question 4

What courts do circuit judges sit in?

Answer 4

Crown court and County court

Question 5

Who are recorders?

Answer 5

Part-time judges in the crown court and sometimes in the county court, appointed for a term of 5 years

Question 6

What do district judges do?

Answer 6

They sit in county court and hear small claims disputes. They also sit in magistrates’ courts in London and major cities

Question 7

What qualifications are needed to become a judge?

Answer 7

Legal qualifications and relevant experience

Question 8

How are judges appointed?

Answer 8

Judges are appointed by the king, which keeps the judiciary separate from the government and politics

Question 9

How many justices may sit in the Supreme Court?

Answer 9

There must be an uneven number of justices, with a minimum of three

Question 10

Who are the Lord Justices of Appeal?

Answer 10

Judges who sit in the Supreme Court

Question 11

How many justices sit in COA?

Answer 11

Usually 3, however sometimes there is a panel of 5

Question 12

What is the role of a High Court Justice?

Answer 12

They try the cases at first instance and decide on the amount of damages that are awarded to claimants.
They sit by themselves unless hearing an appeal

Question 13

How many judges sit on a K.B.D. appeal from Magistrates’ Court?

Answer 13

Two

Question 14

What ensures the independence of the judiciary?
(There are 4)

Answer 14

• Security tenure of superior judges
• Security tenure of inferior judges
• Immunity from suit
• Independence from the executive

Question 15

What is the security tenure of superior judges?

Answer 15

A judge can’t be dismissed from the government and can only be removed by a monarch

Question 16

What legislation ensures the security tenure of superior judges?

Answer 16

The Act of Settlement 1701 is where it originated from, though now the same provision is in the Senior Courts Act 1981, and for Justices of the Supreme Court it is under the Constitutional Reform Act 2005

Question 17

What is an example of the use of the tenure of superior judges?

Answer 17

Its never been used for an English judge, though Irish Judge Jonah Barrington misappropriated £700 in court funds in 1830

Question 18

What is the tenure of inferior judges?

Answer 18

The Lord Chancellor, with permission from the Lord Chief Justice can dismiss an inferior judge

Question 19

Give an example of when the tenure of inferior judges was used?

Answer 19

It was used on bruce Cambell, a circuit judge who was convicted of evading customs duty on cigarettes and whisky

Question 20

What is immunity from suit?

Answer 20

Judges are immune from prosecution or claims for acts carried out in performance of their judicial function

Question 21

What was held in Sirros v Moore?

Answer 21

The COA held that although detention was unlawful, no action could be taken against the judge

Question 22

What is independence from the executive?

Answer 22

Under S.3 of the Constitutional Reform Act 2005, the Lord Chancellor and ministers must uphold the independence of the judiciary

Question 23

What was the reason for the creation of the Supreme Court in 2009?

Answer 23

To keep the judiciary separate from legislature

Question 24

What was held in Re Pinochet?

Answer 24

Lord Hoffman was an unpaid director of Amnesty International, and so had a personal interest in the case, which must not happen