The Judiciary

Question 1

What is the judiciary split into?

Answer 1

• Split into the superior and inferior judges

Question 2

What are superior judges?

Answer 2

• Sit in the Supreme Court, Court of Appeal and High Court
• The head of the judiciary is the Lord Chief Justice
• Their titles are = The Justices of the SC, The Lord Justices of Appeal in CoA and High Court Judges

Question 3

What are inferior judges?

Answer 3

1. Circuit Judges = Sit in Crown and County
2. Recordings = Usually crown
3. District judges = Hear small claims in county court
4. Disrict judges in magistrates court
5. Tribunal Judges

Question 4

What are the requirements for circuit judges?

Answer 4

• Must be lawyers who have held rights of audience for 7 years
• Or held another judicial role for 3 years
• Can become senior circuit judges in High Court or Family Court

Question 5

What are the requirements for district judge requirements?

Answer 5

• Deal with mainly County Court cases
• Appointed by the King after a fair and open competition. This ensures judicial independence
• 5 years of professional legal expertise
• Lord Chancellor will usually only appoint people who have been Deputy District Judges

Question 6

What are the requirements for superior judge requirements?

Answer 6

• Must be holding high judicial office for at least two years
• Have to be qualified and practiced solicitor/barrister for 15 years
• Independent selection commission of 5 members will choose who to appoint
• Lenghty process to be chosen

Question 7

What is an appointment?

Answer 7

• A candidate is appointed by the King to keep the selection and appointment seperate from the government

Question 8

Who are Justices of the Supreme Court?

Answer 8

• They hear appeals which is to do with a point of law
• Must sit in an uneven number panel
• It sets the precedent for lower courts
• Hear around 100 cases per year

Question 9

Who are the Lord Justices of Appeal?

Answer 9

• Work in the court of appeal hearing civil and criminal appeals
• They hear applications of appeals for sentences or convictions
• CoA judges usually sit in a panel of three
• They also hear civil appeals which is often for remedies or liability

Question 10

Who are High Court Judges?

Answer 10

• They hear cases at first instance which is the first time the case is being heard. They sit on their own
• They hear evidence, decide what the law is and make the decision
• They mainly see civil cases in county court
• Judges from the KBD also sit in the crown court
• They can decide how much the damages are
• They sit on one of the six circuits of judges.

Question 11

Who are inferior judges?

Answer 11

• Circuit judges sit in county court hearing civil cases, and sit in crown court hearing criminal cases
• In county court, they decide the law, facts and make the decision
• In criminal law, they sit with a jury who decides the fact, the judge decides the law
• Recorders are part time and appointed for five years mainly sitting in crown court
• District judges sit in county court for smaller claim cases
• They also sit in magistrates court hearing criminal cases on their own and decide on the facts and law to determine the sentence

Question 12

What is the security of tenure?

Answer 12

• Superior judges cannot be dismissed by the government which ensures judicial independence
• They can only be removed by the monarch following a petition from the houses of parliament
• This allows judges to be independent in their judgements
• This power to remove a superior judge has not been exercised before

Question 13

What is the tenure of inferior judges?

Answer 13

• They do not have the same security of tenure as superior judges
• Inferior judges can be dismissed for incapacity and misbehaviour
• Complaints will be investigated by the judicial conduct investigations Office
• It can then be reported to the Lord Chancellor and Lord Choef Justice who can warn or remove them

Question 14

What is immunity?

Answer 14

• Judges are given immunity from prosecution for any acts carried out in their judicial function
• They also have immunity from being sued in civil cases in their judicial role
• They can also not be sued for defamation

Question 15

What is independence from the executive?

Answer 15

• Superior Judges cannot be dismissed by the government so they are independent from the government
• They can make decisions even if it displeases the goverment without fear of dismissal

Question 16

What is independence from case?

Answer 16

• Judges have to be completely unbiased
• Judges cannot try a case that they have any interest in the issue involved

Question 17

What are the reasons for judicial independence?

Answer 17

• It protects the individual from abuse of power
• An independent judiciary is vital for democracy
• Judges have to decide if an act is reasonable or not without fear of repercussions
• Judges must be impartial and have no external influences

Question 18

What are the advantages of judicial independence?

Answer 18

• Fairness as decisions are made solely based on the facts and law
• The Judiciary are able to protect citizens against unlawful acts of government?
• There can be impartial judicial reviews of the act
• The public have confidence in the judicial system

Question 19

What is Hierarchy of the judges?

Answer 19

• Justice of Supreme Court (In supreme court)
• Lord Justices of the Appeal (CoA)
• High Court (Three divisions - Family, Chancery and KBD)
• Circuit Judges (Crown and County)
• Recorders (Crown and Court)
• District (Magistrates and County Court)