The Judiciary:

Created by

Alex Lansdale

Cards (13)

Superior Judges – High Court and above
Inferior Judges – Circuit Judges and below

Which level they are affects the selection process, the training, the work and terms on which they all hold office.
Justices of the Supreme Court:
Appointed from those who are high in office ie. Judge on Court of Appeal or have been able to appear in the Senior Courts for at least 15 years.
The Constitutional Reform Act 2005, states that there should be a maximum of 12 they are the most senior judges in the country.
They sit in the Supreme Court.
Lord justices of Appeal:
Must have been qualified as a barrister or solicitor and have gained experience in law for at least 7 years or be an existing High Court Judge.
Are officially appointed by the Queen.
Will either sit in the Civil Division of the Court where they will hear appeals from County Court or High Court or Criminal Division of the Court, where they will hears appeals from the Crown Court.
High Court judges:
Necessary to have been qualified as barrister or solicitor and have gained experience in law for at least 7 years or to have been a circuit judge for 2 years.
The vast majority, are appointed from barristers who have been in practice for 20-30 years.
Deputy High Court judges are also appointed in this way – often as a way of testing the suitability of a person for the role.
Again appointed by the Queen.
High court Judges (Part 2):
Judges will hear cases assigned to one of three divisions: Queens Bench – high value claims or criminal cases from Crown Court; Chancery, high commercial claims, liquidation etc; Family – wards of the state, Divorce, abductions etc.
Circuit Judges:
Necessary to have been a barrister of solicitor who has held a ‘right of audience’ for at least 10 years.
Generally, also have served as a recorder in Criminal cases or full-timer as a District judge in civil cases before being appointed.
Hear both Civil (County Court) and Criminal (Crown Court) cases.
An applicant is appointed as a Recorder in training first and then appointed as a Recorder. They will hear less serious offences in the county and crown courts.
District judges:
Full-time post.
Applicant must be qualified as a barrister or solicitor and have gained experience in law for at least 5 years or have been a Deputy District Judge.
Vast majority are former solicitors.
Under Tribunals, Courts and Enforcement Act 2007, CILEX fellows are now eligible to be appointed.
Will hear cases in Civil law (County court, low value - particularly small claims courts) 0r criminal cases (Magistrates court – sit alone to hear triable either ay cases or summary cases and impose sentences for those offenders).
Role of a judge in a civil case:
Resolve disputes in a fair, unbiased way, applying the law.
In County and High Court a single judge will sit and decide aspects of the case.
Judge also responsible for pre-trial matters such as setting of timetables etc.
At trial the judge will:
Hear evidence from all witnesses
listen to legal arguments
Look as previous cases
Decide the facts and how the law applies to those facts and make a decision – who is liable.
In contract or tort – also decide damages or other remedy
Decide who should bear the legal costs of the case.
Role of an appellate judge in a civil case:
Hear arguments on legal points and decide if a decision made at the trial should stand or whether the appeal should be allowed.
Only if and when there is an important point of law involved.
5 justices will sit to hear the appeal.
Role of a judge in a criminal case:
CROWN: Oversee the case and ensure that correct procedures are followed.
To rule on points of law that arise.
To direct the jury on the law and evidence that has been given.
If defendant is found guilty, impose a sentence.
MAGISTRATES – judge can sit on their own to decide whether a defendant is guilty or not-guilty.
Provide sentence – have same sentencing powers as Lay magistrates.
Role of appellate judge in a criminal case:
APPEAL - Defendant can appeal against sentence and/or conviction.
Three judges will hear the legal arguments from the defence and prosecution and can confirm the original decision or vary the decision.
They can order a re-trial.
SUPREME – Decision can be taken to Supreme Court but only in matters of public importance.
Five justices will hear the legal arguments. They can agree or overrule. They cannot make decisions on a sentence that has been given.
Separation of powers:
First put forward by French political theorist, Montesquieu. There are 3 primary functions of the state: the judiciary, the executive and the legislative and all 3 should be separated, in order to keep the liberty of citizens within society safe and protected.
Each separate body can then keep a check on the other 2, and limit the power each yields.
Ideally, this means that members should not be in more than 1 of the 3 arms of the state. The Lord Chancellor however, is involved in all 3 functions (although his power has been limited).
Lord Chancellor – used to be head of the judiciary, now manages the judiciary system and the courts. Also an MP and member of the cabinet – some function in all 3 arms of the state. (Constitutional Reform Act 2005, reduced powers of the LC).
Members of Parliament are also members of the cabinet and government.
Judicial review – judiciary imposing checks on law-making bodies.