Judges

• What is the judges role in ALL cases


  1) pre- trial directions

  2) Supervise trail

  3) Admissibility

  4) Appeal
• What are pre-trail directions


  Advising on key issues, witnessing, trail dates
• What is admissibility

  Can this evidence be used in court or not - (if lawfully introduced )
• What is appeal

  Provide leave to appeal to higher court
• What is the judges role in a CIVIl case


  1) Decide law and fact

  2) Quantum of damages

  3) Make orders- damages, custody
• How should the judge decide law and fact

  Balance of probability
• What is quantum of damages

  Decide the amount of damages that are awarded to the successful party in claim
• What is a judges role in a CRIMINAL case


  1) supervise the jury

  2) Direct the jury

  3) Pass sentence
• How do judges supervise the jury


  Look at if behaving correctly ( R v Young) , was selection fair
• How do judges direct the jury


  Sum up case and inform options available to them in law
• What does a potential judge have to have to be selected

  - "relevant qualification" and " gained experience in law"
• What is meant by relevant qualification


  Barrister, solicitor, legal executive
• What type of judge needs legal executive


  District judge only
• What is meant by " gained experience in law"


  - either as practising lawyer, acting as mediator
• What is the Tribunals, Courts and Enforcement Act 2007?


  Tells us who is eligible to be a judge
• How are judges appointed

  By the Judicial Appointment Commission (JAC)
• What Act was the JAC set up by


  Constitutional Reform Act 2005
• Who are the JAC


  Independent body made up of judges, lawyers, magistrates and lay people.
• How is the post of a jury job advertised

  Journals, online
• What does the application process look like

  1) Fill out application form

  2) Judges appointed on recommendation of JAC

  3) appointed by either Lord/Lady Chancellor or king
• Why was an "outstanding" candidate turned down and what was the case

  R(Jones) v JAC, for having 7points on driving licence
• Inferior judges are appointed by who


  Lord/Lady Chancellor
• Superior judges are appointed by who


  King/queen
• What are advantages of judge selection?


  1) based on merit

  2) facilitate separation of power

  3)transparent

  4)lay people involvement
• Disadvantages of judge selection


  1)Being good, Advocate does not guarantee will be a good judge

  2)Not really separation of power as sec of state for justice Still has considerable executive influence
• Who oversees the whole process of judge training?

  Judicial college
• What are the stages of training?


  1) induction course

  2) visits to Penal establishments and meet with probation officer

  3) sitting in conjunction with experienced judges
• What happens during the induction course?


  Provides detail on how to run a court. Should have lots of practical courtroom experience.
• What are the four ways a judge can be removed (termination) from office?


  1) retirement (usually at 75)

  2) resignation

  3) removal due to infirmity

  4) dismissal (sacked)
• What is an example of resignation?


  Justice Jeremiah Harman
• What does dismissal depend


  Depends on the type of judge that they are
• Who dismisses inferior judges? ( circuit, district judges)


  Lord Chancellor can dismiss with LCJ's consent
• Under what act are inferior judges dismissed?


  Constitutional reform act 2005
• Who dismiss superior judges? (high court, Lord justices, Supreme Court)


  King can dismiss following approval of both HoC and HoL
• Under what act are High Court judges and Lord justices dismissed?


  Senior court act 1981
• Under what act are Supreme Court justices dismissed?


  Constitutional reform act 2005
• What did Montasquieu suggest?

  That power should be separated in three bodies
• What were the three bodies?

  Executive, legislative, Judiciary
• How are judges independent?


  1) immunity from lawsuit

  2) security of Tenure

  3) Nemo Judex in causa sua

  4) constitutional reform act 2005

  5) autonomy of legal professionals
• What does immunity from lawsuit mean?


  Judge cannot be sued when made a mistake if acting in good faith