The Judiciary

• judiciary- judges as a group
• 2 Types of Judges:

  • Superior
  • Inferior
• Superior Judges:

  Those in the Supreme Court, Court of Appeal and the High Court.

  The head is the Lord Chief Justice.
• Inferior Judges:

  include;

  • Circuit Judges
  • recorders who are part time.
  • District Judges in county court.
  • District Judges in magistrates court.
  • tribunal judges.
• Role of Supreme Court Justices:

  Hear about 100 cases annually which are appeals in civil or criminal (usually civil).

  Any decision made becomes precedent for all lower courts to follow.
• Role of Lords Justices of Appeal:

  Deal with appeals in civil and criminal cases and have a heavy workload.

  Usually sit on a panel of 3 to hear cases.

  Decisions become precedent for lower courts.
• Role of High Court Judges:

  Try cases at first instance.

  Usually sit on their own.

  
  

  Can hear some appeals which are mainly civil and tried in County Court.

  Judges on Queen’s Bench Division also hear criminal appeals from Magistrates Court and can sit in Crown Court and hear criminal trials.
• Role of inferior judges:

  Circuit- sit in County Court to hear cases. Decide law and facts. Sit with a jury in criminal cases and decide sentences.

  Recorders- part time judges and mainly used in Crown Court to try criminal cases.

  District Judges- sit in County Court to deal with small claims (under £10,000). In Magistrates Court they try criminal cases and decide sentences.
• Ways in which independence is protected:

  • security of tenure
  • immunity from suit
  • independence from executive
  • independence from case
• Reasons for judicial independence:

  • protect liberty of individual from power of executive.
  • democracy.
  • judges are impartial.
  • judges can excercise powers without interference from state or media.
• advantages of independence:

  • ensures fairness.
  • protect citizens against government.
  • public confidence.