The Judiciary Flashcards
Who are superior judges?
Judges from the High Court of Justice and above
Who are inferior judges?
Judges from the lower courts
What are High Court judges known as?
Puisne Judges
What courts do circuit judges sit in?
Crown court and County court
Who are recorders?
Part-time judges in the crown court and sometimes in the county court, appointed for a term of 5 years
What do district judges do?
They sit in county court and hear small claims disputes. They also sit in magistrates’ courts in London and major cities
What qualifications are needed to become a judge?
Legal qualifications and relevant experience
How are judges appointed?
Judges are appointed by the king, which keeps the judiciary separate from the government and politics
How many justices may sit in the Supreme Court?
There must be an uneven number of justices, with a minimum of three
Who are the Lord Justices of Appeal?
Judges who sit in the Supreme Court
How many justices sit in COA?
Usually 3, however sometimes there is a panel of 5
What is the role of a High Court Justice?
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
How many judges sit on a K.B.D. appeal from Magistrates’ Court?
Two
What ensures the independence of the judiciary?
(There are 4)
- Security tenure of superior judges
- Security tenure of inferior judges
- Immunity from suit
- Independence from the executive
What is the security tenure of superior judges?
A judge can’t be dismissed from the government and can only be removed by a monarch
What legislation ensures the security tenure of superior judges?
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
What is an example of the use of the tenure of superior judges?
Its never been used for an English judge, though Irish Judge Jonah Barrington misappropriated £700 in court funds in 1830
What is the tenure of inferior judges?
The Lord Chancellor, with permission from the Lord Chief Justice can dismiss an inferior judge
Give an example of when the tenure of inferior judges was used?
It was used on bruce Cambell, a circuit judge who was convicted of evading customs duty on cigarettes and whisky
What is immunity from suit?
Judges are immune from prosecution or claims for acts carried out in performance of their judicial function
What was held in Sirros v Moore?
The COA held that although detention was unlawful, no action could be taken against the judge
What is independence from the executive?
Under S.3 of the Constitutional Reform Act 2005, the Lord Chancellor and ministers must uphold the independence of the judiciary
What was the reason for the creation of the Supreme Court in 2009?
To keep the judiciary separate from legislature
What was held in Re Pinochet?
Lord Hoffman was an unpaid director of Amnesty International, and so had a personal interest in the case, which must not happen
