The judiciary

• Judiciary

  • Also known as judges
• Two types

  1. Superior judges (High court + above)
  2. Inferior judges (lower courts)
• Superior judges

  • Supreme court, Court of Appeal + the High Court
• Inferior Judges

  • Include Circuit judges (Crown + County Courts)
  • Recorders - part-time judges
  • District judges - hear small claims + some listen to magistrates court cases
  • Tribunal judges
• Role of Supreme Court judges

  • Hear about 100 cases each year
  • Civil and Criminal
  • Can only be appealed to Supreme court
• Role of Lord Justices of the Appeal judges

  • all work is considered with appeals
  • civil and criminal cases
• Role of High Court Judges

  • try cases
  • first time cases heard
• Role of Inferior judges

  • Sit in county court to hear civil
  • Crown for criminal
• Judiciary independence

  • Security of tenure of superior judges
  • Tenure of inferior judges
  • Immunity from suit
  • Independence from the executive
  • Independence from the legislature
  • Independence from case
• Security of tenure of superior judges

  Cannot be dismissed by the government - protection from political whims & therefore allows them to be independent in their judgements. They can only be removed by the monarch following a petition presented to him by both House of Parliament.
• Tenure of inferior judges

  1. Lord Chancellor (Dominic Raab), with the consent of the Lord Chief Justice (Lord Burnett, see photo above right), has the power to dismiss an inferior judge for incapacity of misbehaviour

  2. Criminal convictions for dishonesty is misbehaviour & would lead to dismissal of judge concerned

  3. Complaints against Judges are investigated by the Judicial Conduct Investigations office & if the complaint is found to be true, the matter is referred to the Lord Chancellor & Lord Chief Justice

  4. The offending judge can be warned, reprimanded or in serious cases removed from office

  5. The facts complaints are investigated by an independent office helps to maintain judicial independence
• Immunity from suit

  Judges are given immunity from prosecution for any acts they carry out in the performance of their judicial function - allows a judge to perform his duties without fear of repercussions and therefore gives complete independence
• Independence from the executive

  Judicial independence is guaranteed under S3 of the Constitutional Reform Act 2005. This act states the Lord Chancellor & other government ministers must uphold continued independence of the jurisdiction.
• Independence from the legislature


  Judges are not involved in the law making functions of parliament & full time judges are not allowed to be members of the House of Commons (rules are not as strict for part time judges & recorders)
• Independence from case

  Judges must not try any case where they have any interest in the issue involved. The General Pinochet case in 1998 reinforced this rule.