Superior judges Model Answer

• There are many different levels of judges but their basic function is the same and that is to apply the law in a fair and unbiased way and make decisions in respect of disputes. The Head of the judiciary is the Lady Chief Justice Baroness Sue Carr.
• The judiciary is divided into superior and inferior judges. Superior judges are those judges who sit in the High Court and above so comprise of the Justices of the Supreme Court, the Lord Justices of Appeal and High Court judges~
• High Court Judges are also known as Puisne judges and sit in the High Court. Their main role is to sit alone and hear first instance civil cases in one of the three divisions of the High Court; the Queen’s Bench Division, Chancery Division and Family Division. They will have to listen to the facts and evidence presented in the cases, decide the law and reach a decision regarding liability. If they find the defendant liable then they will have to decide the appropriate remedy. High Court judges from the QBD also sit in the Crown Court with a jury to hear most serious criminal cases and pass sentence.
• High Court judges can also hear appeals from civil cases tried in the County Court and judges from the KBD can hear criminal appeals from the Magistrates Court by way of case stated. These appeals are on points of law. When sitting to hear appeals, there will be a panel of two High Court judges.
• Additionally, High Court judges can hear more specialist matter such as judicial review in relation to challenges regarding individuals who have standing (locus standii) who feel they have been directly affected by the delegated legislation and seek to challenge it’s legality. The judge will interpret the wording of the enabling Act to decide whether the law was made ultra vires (beyond the powers granted by Parliament). If the legislation is found to be ultra vires, it will be declared void.
• Lord Justices of Appeal sit both divisions (Criminal and Civil) of the Court of Appeal and hear over 7000 cases per year. They must sit as an uneven panel number, usually as a panel of three but for important cases it can be five. The Civil Division hears appeals from the High Court and the Criminal Division hears appeals from the Crown Court. Second or further appeals from County Court cases will also be heard. These appeals will be against the finding of liability or about the remedy awarded in civil cases. The court may allow the appeal in part, in full, dismiss it, or order a retrial.
• Justices of the Supreme Court sit in the Supreme Court and hear about 100 cases per year; all appeals based on a point of law. They hear appeals from the Court of Appeal or KBD of the High Court and can be on either complex criminal or civil matters or arguable points of law of constitutional or public importance. They must sit as an uneven panel number (minimum of three), usually a panel of five but in December 2016 a maximum panel of eleven sat to hear the Brexit appeal because it was so important. Justices of the Supreme Court listen to the case then retire, often for several months to consider the case and to write their judgment. Any decision they make on points of law are binding on all lower courts.