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English Legal System
Legal Personnel
Judges
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Created by
Beth Taylor
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Cards (59)
What are the two main categories of courts in the court hierarchy?
Superior and
Inferior Courts
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What are the sentencing options for the
Magistrates
and
Crown Court
?
Sentencing options vary based on the court's jurisdiction
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What are the roles of
superior judges
?
High Court
and above
Includes
Lord Chief Justice
,
Justices of the Supreme Court
,
Lords Justices of Appeal
,
High Court Judges
Judges from the King's Bench Division also sit in the
Crown Court
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What are the roles of
inferior judges
?
Courts below High Court
Includes
Circuit judges
, Recorders,
District judges
,
Tribunal judges
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What
legal qualification
is required for all
judges
?
All judges must have a relevant legal qualification
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What does the
Court and Legal Services Act 1990
outline?
It sets out the qualifications needed for each level of the
judiciary
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Who are the
Justices
of the
Supreme Court
appointed from?
Those who hold high
judicial
positions or have qualified to appear in
senior courts
for at least 15 years
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How many civil and criminal appeal cases do Justices of the Supreme Court deal with approximately each year?
About 100 civil and criminal appeal cases
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What is the
minimum
panel size for
Justices
of the
Supreme Court
when sitting?
A minimum of
3
judges
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What qualifications are required for a
Lord Justice of Appeal
?
Qualified
as a
barrister
or
solicitor
with at least
7
years of experience
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How many
applications
for leave do
Lord Justices of Appeal
receive, and what percentage is
successful
?
Over
7,000
applications, with
¼
being successful
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What is the main function of a
High Court Judge
(puisne)?
To deal with cases at
first instance
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What is the experience requirement for a
Circuit Judge
?
Barrister
or
solicitor
with
7+
years of experience
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What is the role of a
Recorder
?
Work part-time and must have
7+
years of experience as a barrister or solicitor
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What is the experience requirement for a
District Judge
?
Barrister
or
solicitor
with
5+ years
of experience
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How were judges historically selected?
Selected by the
Lord Chancellor
based on existing judges' opinions
The process was secretive and not
independent
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How are judges selected post-
Constitutional Reform Act 2005
?
Managed by the
Judicial Appointments Commission
Posts are advertised, and candidates must apply
Selection is independent from political influence
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What qualities does the
Judicial Appointments Commission
look for in candidates?
Intellectual capacity
, personal qualities, fairness, authority, communication skills, and
efficiency
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What does the
selection day
for successful candidates consist of?
An interview or an interview and
role-playing
exercise
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What significant change did the
Crime and Courts Act 2013
bring regarding the appointment of inferior judges?
The
Lord Chancellor
no longer has the power to prevent their appointment
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Where do judges receive training?
Judicial College
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Which group of
judges
has
compulsory
training?
Inferior judges, mainly newly appointed
assistant Recorders
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At what age do judges typically retire?
75 years old
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What are the roles of
judges
in criminal courts?
Manage the
courtroom
and ensure fair
hearings
Decide questions of law
In
Magistrates’ Court
: decide
verdict
and sentence
In
Crown Court
:
sum up
for
jury
and sentence if required
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What are the roles of
judges
in civil courts?
Decide the most appropriate
track
and hold
preliminary hearings
Case manage
and keep
parties
to strict time limits
Help parties in small claims
Decide
questions of law
and
verdicts
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What does the
Constitutional Reform Act 2005
guarantee?
Judicial independence
Judges are free from influence from Parliament and government
They can make decisions without the threat of
dismissal
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What is an example of judicial independence in action?
Judges
can declare UK law incompatible with
ECHR
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What is the significance of the case
Pinochet
[
1998
] in relation to
judicial independence
?
No person should be a judge in a case in which they have an
interest
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What is the
retirement age
for judges?
Judges retire at
75
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What is the role of the
Judicial Conduct Investigations Office
?
To investigate complaints against
judges
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What is the
security of tenure
for judges?
Judges cannot be removed just because the
government
disagrees with their decisions
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How does the
security of tenure
differ between superior and
inferior judges
?
Inferior judges do not have the same security of tenure as
superior judges
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What are the statistics regarding gender and ethnicity among judges and magistrates?
Judges:
32%
are women
91%
are white,
9%
BAME
Magistrates:
57%
are women
14% BAME
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What is the
average age
of judges and magistrates?
72%
of judges are aged 50 or over
79%
of magistrates are aged 50 or over
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What are the essay practice topics related to
judges
?
Appointments, training, and role of judges;
independence
of the judiciary
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How long is the suggested time for writing the essay on the independence of the judiciary?
15 minutes
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How long is the suggested time for planning or writing the essay on the appointments, training, and role of judges?
27 minutes
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What is the role of the
Lord Chief Justice
?
Head of the
judiciary
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Where do circuit judges sit?
Circuit judges
sit in
Crown and County Courts
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How many years of experience is required to become a
Justice
of the
Supreme Court
?
At least
15
years
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