The Judiciary Flashcards
1
Q
What and who are superior judges?
A
- Those in the supreme court, court of appeal & high court
- Justices of the supreme court
- Lord Justice of appeal in the CoA
- High court judges
Head of judiciary is the Lord Chief justice
2
Q
Who do inferior judges include?
A
- Circuit judges (sit in both the crown & county court)
- Recorders (part-time judges who usually sit in the crown court, some hear cases in county court)
- District judges (hear small claims & other matters in county court)
- District judges (who sit in magistrates courts)
- Tribunal judges)
3
Q
How are judges selected?
A
- Up to 2005 - selection of judges was done by Lord Chancellor
- Ammended in the Consitutional reform act 2005 - established judicial appointments commission to deal with selection
4
Q
What is the role of justices of the supreme court?
A
- Hear appeals in supreme court about 100 each year
- Majority of cases are civil but can be criminal
- Must sit as an uneven number panel to hear a case
5
Q
What is the role of Lord Justice of Appeal?
A
- All their work is concerned with appeals
- They sit on both the civil and criminal divisions of the CoA - deal with both civil and criminal cases
- Criminal - 7,000 applications for leave to appeal against sentence or conviction
- Hear about 3,000 civil appeals
- Usually sit on a panel of 3 to hear cases
- On rare occasions in important cases - panel of 5
6
Q
What is the role of a high court judge?
A
- Try cases - known as cases of first instance because it is the first time the case has been heard in a court
- They hear evidence from witnesses
- Decide what the law is
- And make a decision as to which side has won the case
- When hearing first instance cases, judges sit on their own
- HC judges also hear some appeals - mainly civil cases tried in the county court
7
Q
What is the role of a circuit judge?
A
- Sit in county courts to hear civil cases
- Also crown court for criminal cases
- Decide the law and the facts
- They make a decision on who has won the case
- In criminal cases, they sit with a jury. Jury decides the facts, judge decides the law. D guilty, judge decides the sentence
8
Q
What is the role of recorders?
A
- Part time judges
- Appointed for a period of 5 years
- Mainly in the crown court but some sit in county courts for civil cases
9
Q
What is the role of a district judge?
A
- Sit in county court and deal with small claims cases (under £10,000)
- District judges in the magistrates court decide facts and law
- When D pleads guilty, they decide on the sentence