Judges/ judiciary

• 6 different types of judges and the courts they sit in

  superior court judges

  • justice of UKSC - UKSC
  • lord justice of appeal - COA
  • hc judge - HC
  • circuit judge - county & crown court
  • recorder - crown court
  • district judge - country or magistrates court
• Role of superior judges

  lord justice of uksc = hears appeals from COA on a point og general public importance, power to refuse or allow any appeal, they can confirm / change any sentence passed in criminal court or remedy in civil court

  lord justice of appeal = criminal diversion hears applications for leave against sentence or conviction in cc, civil diversion hears appeals against decision / remedy in HC. power to allow or refuse any appeal

  high court judge = manages multi track cases, decides which side to award remedy in civil case, sit as judge in cc for indictable offence criminal
• role of inferior judges

  circuit judge = hears civil cases in county and decide the law to award remedy. In criminal cases in crown court they decide law and have jury decide verdict on facts, the judge then delivers the sentence. CJ hears appeal from DJ in civil case

  recorder = sit in crown court and have the same role as cj

  district judge = sit in county court and deal with small claims, decide verdict and award remedy. DJ in magistrates hear criminal cases and decide the verdict to pass onto guilty defendants
• separation of powers theory = 3 primary functions of the state and law making process must be kept separate to safeguard citizens and prevent a dictatorship

  1. The legislature = parliament makes the laws
  2. The executives = government decide and administer the law
  3. The judiciary = apply the law
• ways in which judges are independent

  from legislature = judges rarely take part in law making, placement of law lords in HOL was criticised so constitutional reform act 2005 CRA created UKSC and moved judges in 2009

  executives= superior judges cant be dismissed by government, s.3 CRA 2005 states lord chancellor must uphold judicial independence

  freedom from pressure = salaries protected -> cant be tempted to act in favour, immune from suit = cant be sued, security of tenure = cant be sacked

  political bias = must refrain from political involvement
• advantages of the judiciary (+ independence)

  • security of tenure = difficult to remove a superior judge or influence their salary -> reach unpopular decisions
  • immunity from suit = cant be sued for actions
  • not democratically elected = expertise knowledge
  • follow separation of powers = ensures one body doesnt become all powerful & citizen rights not abused, judiciary review ensures this
  • independent from legislature since CRA2005
• Disadvantages of the judiciary (+ independence)

  • lack of diversity = favours oxford/ cambridge students ->potential bias, reduces chance of fairness and citizens rights abused
  • merging of powers = not truely independent as there were law lords in HOL prior to 2009 before moved to UKSC after CRA 2005, shouldnt happen because those that make law shouldnt apply it
  • performance of judges not monitored closely = possible injustice or bias -> unfair use of power
  • security of tenure = unfair to public, freedom of fear from being sacked, hard to remove a bad judge = judicial training not adequate