The Judiciary

Question 1

What are the functions of each judge?

Answer 1

• Make decisions in respect of disputes
• Act in a fair and unbiased way
• Apply law and legal rules in England and Wales

Question 2

What are the types of Superior Judges and what do they do?

Answer 2

• Justices of Supreme Court
• Lord Justices of Appeal
• High Court Judges
• Sit in 3 divisions of the High Court
• Judges in KBD of High Court also hear serious cases in Crown Courts

Question 3

Who is the Head of the Judiciary?

Answer 3

Lord Chief Justice

Question 4

Who do the Inferior Judges include?

Answer 4

• Circuit Judge- sit in Crown Court and County Court
• Recorders- part-time judges, sit in Crown Court
• District Judges- hear small claims in County Court and sit in Magistrates’ Court
• Tribunal Judges

Question 5

Explain the qualification, selection and appointment of Judges.

Answer 5

Qualification:
- Relevant qualifications for different judicial posts set out in Courts and Legal Services Act 1990, as amended by the Tribunals, Courts and Enforcement Act 2007.
- Need legal qualifications and experience as Solicitor or Barrister for at least 5 years.

Selection:
- Up to 2005, Lord Chancellor selected judges in priv- seen as not being independent from Political Influence
- System changed by Constitutional Reform Act 2005- established Judicial Appointments Commission, deal with selecting and interviewing candidates.

Appointment:
- Once candidate selected, appointment made by the King
- Keep selection and appointment separate from Gov

Question 6

Describe the role of Justices of the Supreme Court.

Answer 6

• Deal with civil and criminal, mainly civil
• Cases must involve a Point of Law
• Involve complicated and technical areas of law
• Justices must sit as an uneven number panel to hear a case, minimum of 3.

Question 7

Describe the role of Lord Justices of Appeal.

Answer 7

• Work concerned with appeals, sit in Civil and Crim divisions
• Work load much greater than in Supreme Court
• Over 7,000 applicants for leave for appeal, only 1/4 get leave for appeal
• Civil Appeals include issues with finding of liability or appeal about remedy
• Crim Appeals…

Question 8

Describe the role of High Court Judges.

Answer 8

• Main function to try cases (known as cases of first instance)
• Hear evidence in trial from witnesses, decide and what law is and make decisions
• Sit on their own
• Hear appeals mainly from Civil Cases, tried in County Court
• Judges in KBD also hear Crim Appeals from Magistrates’ Court- heard by 2 Judges
• ## KBD Judges also sit in Crown Court to hear serious Crim trials, with Jury.