Unit 1 - The Judiciary Flashcards
What is the hierarchy of the courts?
Supreme court > Court of Appeal > High Court
County Court > County court (small claims)
Crown court > Magistrates court
What is the hierarchy of the judges?
Justice of the supreme court > Lord Justices of appeal > High Court Judge > Recorders, circuit judges > District judge
What is the role of a judge at first instance?
All courts:
- Ensure that the hearing is carries out fairly
- Decide questions of the law
Criminal Cases:
- Magistrates’ - decide the verdict, sentence and preliminary matters
- Crown - sum up for the jury, sentence if appropriate
Civil Cases:
- Decide verdict and award
- Help small claims claimants put their case forward
- Act as a case manager
What is the role of a judge in appeal courts?
Review the first instance case and decide if the law was correctly decided.
Decide whether result is wrong (mistake) or unsafe (mistake was justified).
Can change decision or may order a retrial, revise a sentence or award
Can decide issues of law in the UKSC or CoA. Can clarify or ament law where appropriate.
May be involved in judicial review in the divisional high court, including situations in relation to the Human Rights Act 1998
What is the role of judges in the high court?
- 71 judges over 3 main divisions
- First instance and appeals from lower courts (civil & criminal)
- Jury sits in this court
What is the role of Lord Justices of Appeal?
- 36 in total, sit in panels of 3
- 8000 appeal cases (7000 criminal), less than 25% are allowed (1600)
- Against conviction or sentence
- Some HC judges but max. 1 per case
What is the role of Justices of the Supreme Court?
- 12 Judges
- 70 appeal cases /year
- Appeal on a point of law i.e. the law is wrong
- Uneven panel
What are the 3 branches of power?
Executive - PM, cabinet ministers, Gov. officials, police
Legislature - MPs, HoC, HoL, Monarch
Judiciary - Judiciaru, magistrates, jury
What are the 5 ways in which the judiciary remains independent?
- Tenure
- Immunity from suit
- Independence from the legislature
- Independence from the executive
- Independece from the case
What is tenure in relation to superior judges and how does it maintain judicial independence?
Act of Settlement 1701 - superior judges cannot be dismissed by government as long as they demonstrate good behaviour
- Entrenched within the Senior Courts Act 1981 (HC, CoA) and the Constitutional Reform Act 2005
Superior judges can only be removed by the monarch if a petition is sent to him by both houses of parliament. This gives judges protection from politics. Has never been used in England.
What is tenure in relation to inferior judges?
The Lord Chancellor can dismiss inferior judges for incapacity or misbehaviour. They need consent from the Lord Chief Justice.
1970 - Circuit judge dismissed for misbehaviour as he failed to declare whiskey and cigarettes at the airport (tax evasion)
2014 - Recorder covered for a politician who was caught speeding.
What is tenure in relation to complaints?
Complaints are investigated by the Judicial Conduct Investigations Office. If it turns out to be true, it is reported tot he Lord Chancellor and Lord Chief Justice. This may result in warnings, reprimands or removals. E.g. undischarged bankrupcy resulted in removal.
This maintains judicial independence as it means that complaints are dealt with internally.
What is Immunity from suit and how does this maintain judicial independence?
Immunity from prosecution for any acts they carry out in performance of their judicial function.
Immunity from being sued for actions made in the course of judicial duties. E.g. Sirros v Moore, defendant was incorrectly found guilty & tried to sue the judge - couldn’t.
Immunity for things said about parties or witnesses in course of hearing a case - they may comment on character.
This allow the judge to perform without fear of prosecution. A judge is only liable if not acting in a judicial capacity, or if they knew that they had no jurisdiction to do what they did.
What is independence from the executive?
Superior judges cannot be dismissed by the government and are therefore independent of the executive. This was guaranteed under s3 Constitutional reform act 2005 - the state must not seek to influence judges. They are recommended for appointment by the Judicial Appointments Comission.
What is independence from the legislature?
Full time judges cannot be MPs. This is the main reason for separating the HoL into the Supreme court in 2009 (constitiutional reform act 2005)
