The Judiciary- Types Of Judges+ Independence Of Judges

Question 1

Justices of the Supreme Court

Answer 1

• Supreme Court.
• Hear about 100 appeals per year.
• Criminal and civil appeals.
• Only hear cases based on points of law.

Question 2

Lord Justices of Appeal

Answer 2

• Court of Appeal.
• Criminal and civil cases.
• Hear about 1800 criminal appeals per year and hear about 3000 civil appeals per year.
• Usually sit on a panel of 3 (sometimes 5).

Question 3

High Court Judges

Answer 3

• High Court.
• Hear cases of first instance.
• Decide who has won the case.
• Decide the amount of any damages.
• Also hear criminal cases from Mags court.

Question 4

Circuit Judges

Answer 4

• County court and Crown court.
• Decides who has won and the amount of damages in civil cases.
• Decides the law and the sentence in criminal cases.

Question 5

Recorders

Answer 5

• County court and Crown court.
• Part time judges.
• Work is similar to Circuit Judges.

Question 6

District Judge

Answer 6

• County court.
• Decide who has won in civil cases in County court.
• Decide the level of damages.

Question 7

Tribunal Judges

Answer 7

• Tribunals.
• Usually sit on a bench of 3 with 2 lay people.
• Decide the outcome of the case and the amount of any damages.

Question 8

Method of Independence- Security of Tenure of Superior Judges

Answer 8

• Judges can’t be sacked by the Government.
• This right is contained in the Senior Courts Act 1981 for High court judges and Lord Justices of Appeal and in the Constitutional Reform Act 2005 for justices of the Supreme Court.
• As a result, judges can only be removed by the monarch.

Question 9

Method of Independence- Security of Tenure of Inferior Judges

Answer 9

• The Lord Chancellor, with the consent of the Lord Chief Justice, has the power to dismiss inferior judges for incapacity and misbehaviour.

Question 10

Method of Independence- Complaints

Answer 10

• Complaints against judges are investigated by an independent body called ‘The Judicial Conduct Investigation Officer’.
• If they find the complaint to be true, the matter is reported to the Lord Chancellor and the Lord Chief Justice.
• The offending judge can be warned or reprimanded about their conduct or in serious cases the judge can be removed from office.

Question 11

Method of Independence- Immunity from suit

Answer 11

• Judges are given immunity from prosecutions for any acts they carry out in performance of their judicial function and from being sued in a civil case.
• Immunity from suit allows a judge to perform their duty without fear of repercussions.

Question 12

Method of Independence- Independence from the executive

Answer 12

• Judicial independence is now guaranteed under section 3 of the Constitutional Reform Act 2005.
• Anyone with responsibility for matters relating to the judiciary or the administration of justice must uphold the continued independence of the judiciary.
• The section also specifically shows the Lord Chancellor and other ministers mustn’t seek to influence judicial decisions.
• Judges are recommended for appointment by the Judicial Appointment.

Question 13

Method of Independence- Independence from the legislature

Answer 13

• Judges generally are not involved in law making functions of parliament.
• Full time judges aren’t allowed to be members of the House of Commons, although the rule is not as strict for part time judges so that recorders and assistant recorders can be members of parliament.

Question 14

Method of Independence- Independence from case

Answer 14

• A judge can’t have any affiliation with any parties in the case, if they do they have to notify and step down from the case.

Question 15

Advantages of Judicial Independence

Answer 15

• Ensures fairness in all cases.
• Protects citizens against unlawful acts of government.
• Public confidence.