The Judiciary

Question 1

Supreme Court

Answer 1

Judge: Justices of the Supreme Court
Role: Hears criminal and civil appeals on points of law

Question 2

Court of Appeal

Answer 2

Judge: Lord/Lady Justices of Appeal
Role: Hears criminal and civil appeals

Question 3

High court

Answer 3

Judge: High court judge
Role: Hears criminal cases of first instance + criminal and civil appeals

Question 4

Crown court

Answer 4

Judge: Circuit judge
Role: Hears criminal cases some TEW offences + all indictable matters

Question 5

County court

Answer 5

Judge: District + circuit judges
Role: Hears all civil cases

Question 6

Magistrates court

Answer 6

Judge: District judge
Role: Hears criminal cases, youth cases and some civil proceedings

Question 7

Separation of powers

Answer 7

The executive -implement the law
The legislative -make the law
The judiciary -apply the law

Question 8

Advantages of the judiciary

Answer 8

-Independence (separation of powers)
-Protection of human rights (Js can declare law to be incompatible with human rights under s.4 Human Rights Act 1998)
-Legal expertise (long process to become a judge)
-Diversity (gradually becoming more diverse)

Question 9

Disadvantages of the judiciary

Answer 9

-Limited accountability (immunity from suit)
-Parliament sovereignty (don’t have to implement feedback)
-Complex legal procedures
-Lack of diversity:
29% Js were female in 2018, only 7% BAME backgrounds
37% Js female in 2023, 9% BAME backgrounds

Question 10

Methods of judicial independence

Answer 10

-security of tenure
-immunity from suit
-judicial salaries
-independence from the executive
-independence from he legislature
-independence from the case
-human rights

Question 11

Security of tenure

Answer 11

Superior level judges an’t be dismissed by the government, only by the monarch following a petition from both Houses of Parliament.
Lord chancellor can dismiss inferior judges for incapacity or misbehaviour with the consent of the Lord Chief Justice.

Question 12

Immunity from suit

Answer 12

Allows judges to perform judicial duties without the fear of repercussions. Judges at all levels have immunity from criminal prosecution or any acts in the performance of their judicial duties.

Question 13

Judicial salaries

Answer 13

Financial independence.
Salaries are paid out of The Consolidated Fund, which doesn’t require parliament’s authorisation.
Judges can rule without fear of a pay cut, nor will they be tempted to find in favour of the gov to secure a pay rise.

Question 14

Independence from executive

Answer 14

Security of tenure
Judges are now recommended for appointment by the Judicial Appointment Commission, keeping them independent from the executive.

Question 15

Independence from the legislature

Answer 15

Supreme Court was created in 2009 too separate the judiciary from the legislature.
Supreme Court judges aren’t allowed to be a member if the House of Lords.

Question 16

Independence from the case

Answer 16

Judged must not hear any cases in which they have an interest in the issues involved.
Confirmed in the case of PInochet (1999) where the judge had a connection to the case so the trial had to be reheard.

Question 17

Human Rights

Answer 17

Judges have the power to declare an Act to be incompatible with the European Convention of Human Rights