The Judiciary Flashcards
What does a judge do in criminal cases?
- Pass sentence
What does a judge do in civil cases?
- Decide the issue of liability and the amount of damages to be awarded
What is the hierarchy of judges?
- Lord Chief Justice
- Superior Judges:
- Justices of the Supreme Court
- Lord Justice of Appeal
- High Court Judges
- Inferior Judges:
- Crown Court Judges
- County Court Judges
- District Judges (Magistrates Court)
- Inferior Judges:
- Superior Judges:
Which judges are completely separate from Parliament? What does this mean? How did it happen?
- Superior Judges
- There is an independent judiciary
- Constitutional Reform Act 2005
What is the role of judges?
- To apply the law in an independent manner
What are the four major changes to the role of Lord Chancellor set out in the Constitutional Reform Act 2005?
Lord Chancellor will no longer:
- Sit as a judge
- Head the judiciary
- Take a central role in the judicial appointments process
- Automatically become the speaker of the house
Who carries out the training of judges?
- The Judicial College
How are judges selected now, after the Constitutional Reform Act 2005? (4)
- Recruitment now managed by the Judicial Appointments Committee
- Posts are now advertised and candidates must apply
- Appointments process now completely separate from the political influence of the government
- Lord Chancellor still involved in appointment of superior judges, but in a very minimal way
What is the biggest criticism of the judiciary?
- It is dominated by Oxbridge educated, old and upper class men
What are the 5 judicial qualities recommended by the commission?
1) Intellectual capacity
2) Integrity, independence of mind, sound judgment, decisiveness, objectivity and willingness to learn
3) Ability to understand and deal fairly
4) Authority and communication
5) Efficiency
What are the three main elements to judicial training?
1) Knowledge of substantive law, evidence and procedure
2) The acquisition and improvement of judicial skills
3) The social context within which judging occurs
What does the Constitutional Reform Act 2005 say about the independence of judges? (4)
- Judges are free from influence from the legislature - they are not allowed to be MPs
- Judges are free from the government - they can make displeasing decisions without the threat of dismissal
- Judges should be free from political bias, but there are cases that show that they tend to support the government
- Judges can declare UK legislation incompatible with the European Convention on Human Rights, which will force the government to change the law
Who can remove a judge from office? (2)
- The Judicial Conduct Investigations Office
- The Lord Chancellor (inferior judges)
What are the five ways in which a judge may leave office?
1) Dismissal
2) Discipline
3) Resignation
4) Retirement
5) Removal due to infirmity
What does the Human Rights Act 1998 say about judges? (2)
- s2 - Judges should take into account decisions of the European Court of Human Rights
- s3 - All legislation should be interpreted in a way which is compatible with the European Convention on Human Rights
