the judiciary

• which courts do inferior judges sit in?

  The lower courts
• what professions make up the inferior judges?

  District judges, circuit judges and recorders
• What professions make up superior judgea?

  High court judges, lord justices of appeal and supreme court justices
• who is the head of the judiciary?

  The lord chief justice
• what does the constitutional reform act 2005 say about justices of the supreme court?

  It states that there should be a maximum of 12 supreme court justices
• what do supreme court justices do?

  They hear appeals on a point of public importance in both civil and criminal cases
• what requirements must one have to become a lord justice of appeal, who appoints them?

  The king officially appoints them. Must have been a barrister or solicitor for at elast 7 years or be an exisiting high court judge
• what are the requirements to become a high court judge, and who appoints them?

  The king appoints them. Must have been a solicitor or barrister for atleast 7 tears, or a circuit judge for at least 2 years
• what are the requirements to become a circuit judge?

  must have been a solicitor or barrister that's had 'higher rights of audience' for at least 10 years- also must have generally served part time as a recorder in criminal cases or full time as a district judge in civil cases
• What are the requirments to become a district judge?

  Must have been a barrister or solicitor for at least 5 years, or been a deputy district judge
• who does the tribunals, courts and enforcement act 2007 allow to become a district judge?

  CILEX fellows
• in a civil case, what does a judge do?

  The judge sits alone and is responsible for all pre-trial matters such as case management and setting a timetable

  At the trial the judge hears the evidence, listens to legal arguments, decides the facts and the verdict. Theydecide the remedy to be awarded and who should pay the costs
• In an appeal case, what do judges do?

  They do not listen to evidence from witnesses. They listen to the legal arguments and decide whether to allow or dismiss theappeal. In the court of appeals, an appeal may be heard against the finding of liability or about the remedy. The Court can allow or dismiss the appeal or vary the amount of damages.
• how many justices sit in a hearing in the supreme court, what is the affect of their decision?

  5 justices sit- their decision on a point of law becomes precedent
• what is the general role of judges in criminal cases?

  They oversee the case, ensure correct procedures are followed, decide on legal issues, direct the jury and pass the sentence if the defendant is found guilty
• where can district judges be found, and what is their role?

  District Judges can be found in the Magistrates Court. They can sit instead of three lay magistrates, perform the same function, and sit alone instead of on a panel.
• What does a judge do if the defendant pleads guilty in the crown court?

  They will pass a sentence
• what does a judge do if the defendant pleads not guilty in the magistrate's court?

  They will listen to evidence from the prosecution and defence, decide the verdict, and pass the sentence if the D is found guilty
• What types of judges are found in the crown court?

  Recorders, circuit judges, and high court judges
• what determines which judge hears a case in the crown court?

  The severity of the case, more serious ones are dealt with high court judges
• in the crown court, what does a judge do if the defendant pleads guilty in the crown court?

  Pass a sentence
• what does a judge do if a D pleads not guilty in the crown court?

  they will organise a trial that they oversee, in addition to dealing with legal issues, sum up the case for the jury and pass a sentence if the D is found guilty.
• what is a judge's role in the court of appeal?

  The judge will listen to legal arguments and can confirm the original decision, vary sentence, change the conviction, or order a retrial
• when can a case be appealed to the supreme court, and what is the role of the justices?

  A case can be appealed to the Supreme Court if it raises an issue of general public importance. Five Justices hear the appeal and can overrule the decision of the Court of Appeal or agree with it.
• what is the seperation of powers theory?

  A theory by Montesquieu stating that the three functions of the state (Legislature, Executive, Judiciary) must be kept separate to ensure individual liberty.
• What are the 3 arms of state?

  The Legislature (Parliament), the Executive (Government), and the Judiciary (Judges).
• after the constitutional reform act 2005, what is the role of the lord chancellor?

  The Lord Chancellor manages the judiciary system and the courts, is a member of the Legislature, and part of the Executive.
• what is an example of an overlap in the seperation of powers in the uk?

  The Lord Chancellor's role, as they are part of both the Legislature and the Executive.
• for judges, what is the security of tenure?

  Superior judges can only be dismissed by the monarch after a petition by both Houses of Parliament, while inferior judges can be removed by the Lord Chancellor with consent from the Lord Chief Justice for incapacity or misbehavior.
• what immunity do judges have?

  Judges are immune from criminal prosecution and civil suits for acts performed in their judicial duties, including defamation claims.
• how are judges independent from the legislature?

  judges are generally not involved in law-making, cannot be full-time MPs, and their salaries are paid from a Consolidated Fund, though Parliament can change their retirement ages and pension qualifying periods.
• how are judges independent from the executive?

  Superior judges cannot be dismissed by the government and can make decisions without the threat of dismissal. Judicial independence is guaranteed under section 3 of the Constitutional Reform Act 2005.
• what does section 3 of the consitutional reform act 2005 say?

  The Lord Chancellor and other ministers must uphold judicial independence and cannot seek to influence judicial decisions.
• what does judicial independence from the case mean?

  Judges cannot hear or try any case in which they have an interest, as confirmed in the Pinochet case.
• what is judicial review, and how does it show judicial independence?

  Judicial review allows judges to hear cases against government departments or public authorities in the King's Bench division, demonstrating their independence.
• can judges hear cases on human rights and decide against the govt?

  Yes, judges can hear cases on human rights and are prepared to decide against the government.
• in 2020, what were the age, gender and ethnicity demographics of judges?

  In 2020, 76% of judges were over 50, 40% were over 60, 32% were women, 26% of superior judges were women, and 8% were from a BAME background.
• What did price, wortley and briggs say about the demographics of judges in 2021?


  They said the judiciary was dominated by elderly, white, upper-class males, making them out of touch with current issues and concerns of those appearing in front of them.
• why is an independent judiciary important for individual liberty?

  An independent judiciary protects the liberty of individuals from abuse of power by the Executive.
• why is judicial independence vital in a democracy?

  Judicial independence ensures that judges can make decisions without government influence, maintaining the rule of law and democratic principles.