Indep. of Judiciary

• On what grounds are judges given immunity from suit?

  Public Policy
• What case shows us judges are given immunity from suit on grounds of public policy?

  Moore
• What does judges having 'immunity from suit' mean?

  They're free from any legal action
• Why must judges be independent from any external pressures?

  Defendant seen to have a fair trial
• What are influences judges should ignore?

  Parliament

  Other judges

  Pressure groups

  Own self-interest (Re Pinochet)

  Media
• What are pressures judges should ignore from the Executive?

  Force a judge to rule against those who oppose the Executive's policies/plans

  Manoeuvre/coerce a judge into making pro-Executive decisions
• Judges must be impartial and free from political bias/influence
• What does the doctrine of separation of powers state?

  Judiciary must remain separate from government and Parliament
• What does immunity from suit not prevent?

  Complaints being raised against a judge because of language or conduct
• Why is judicial independence important?

  Ensure the verdict/decision only decided upon evidence of the facts and the law as it stands

  Ensure in jury trials, juries decide verdict based on facts not other influences

  Deliver fair and impartial justice

  Protect citizens and their rights
• How is judicial independence protected?

  Judges have immunity from prosecution

  Judges have immunity from being sued

  Any errors made by a judge can be appealed against

  Judges' salaries set by independent bodies
• What are the long-established principles in the English Legal System?

  Judges shouldn't be under control of the government

  Judges shouldn't be removed as a government changes

  Individual judges aren't criticised in parliamentary debates

  Any judicial removal mechanisms and length of tenure should be firmly established in law
• Judges hold office 'during good behaviour' and can be removed if there's allegations of misconduct
• How are High Court Judges and Court of Appeal Judges removed by virtue of the Act of Settlement 1701?

  Petition to the Crown following an address presented to both Houses of Parliament
• How are Circuit and District Judges removed?

  On the grounds of misconduct or incapacity
• Who can remove a Circuit or District Judges?

  Lord Chancellor
• How are Supreme Court Judges removed?

  Similar process to High Court and Court of Appeal Judges - can appear before tribunal before parliamentary motion tabled (Constitutional Reform 2005)