Judiciary

• Judiciary = the name given to all judges as a whole.

  • Individuals' roles may differ but overall the main aim is to make decisions in cases in a way which is fair and unbiased, and properly applies the laws of England and Wales.
  • Lord or Lady Chief Justice is the head of the judiciary - this is currently Dame Sue Carr.
• To qualify, judges must have a 5-7 years experience presenting cases in court.

  • Means it is usually restricted to barristers.
  • But with Solicitor Advocates this now means solicitors can apply too.

  Most judges work their way up the ladder.

  • Supreme Court Justices must have 15 years experience as a solicitor or barrister presenting cases in a senior court.
• Are 2 types of judges:

  1. Superior (in higher courts - mainly deal with appeals).
  2. Inferior (in lower courts - mainly deal with minor issues and trials)
• Types of Judges:

  • District Judge
  • Recorder
  • Circuit Judge
  • High Court Judge
  • Lord/ Lady Justice of Appeal
  • Supreme Court Justice
• District Judge:

  • Lowest level
  • Two types:
  • District Judge (Magistrate's Court)
  • Summary and minor Triable Either Way cases in Magistrate's Court.
  • Sit alone (not on a panel like Magistrates do).
  • Previously Stipendiary Magistrates
  • District Judge (County Court)
  • Small Claims track civil cases under £10000 in County Court.
  • Lower value Fast track civil cases in County Court.
  • There are over 400 District Judges.
• Recorder:

  • Part-time judges - also work as solicitors or barristers (30 days per year)
  • Crown Court
  • Hear trials and pass sentences on guilty defendants.
  • County Court
  • Make decisions and impose a remedy in small claims track cases.
• Circuit Judge:

  • County Court
  • Hear cases were they sit alone and decide the law, liability and remedy.
  • Includes fast-track and multi-track cases.
  • Crown Court
  • Trials with a jury, advise the jury, decide the law, pass sentence
  • There are over 600 Circuit Judges.
• High Court Judge:

  • High Court
  • Specialize in one of the branches/speciality courts.
  • First instance - hear evidence, decide the law, make decisions and decide remedy.
  • Appeals on points of law - decide on a panel of 2-3 judges.
  • 73 in KBD, 18 in Chancery, 19 in Family.
  • Have a Deputy High Court Judge to deal with workload.
• Lord/ Lady Justice of Appeal:

  • Court of Appeal - Civil or Criminal Division.
  • Decide whether leave (permission) to appeal should be granted.
  • Hear 7000 criminal and 1000 civil appeals.
  • Sit on a panel and write individual judgements - the majority decision stands.
  • 38 in total
• Supreme Court Justice:

  • Supreme Court
  • Around 70 legal appeals on issues of public/ national importance.
  • Decide the law and the outcome of the appeal.
  • Sit on a panel and write individual judgements - the majority decision stands.
  • Minority decisions are called dissenting judgements.
  • 12 in total.