The Judiciary

Justices of the Supreme Court

hold the highest judicial office. They hear appeals on points of law of the greatest public and constitutional importance in civil and criminal cases (about 100 cases each year). They usually sit as a panel of 5 or more.

Lord/Lady Justices of Appeal

sit in the Court of Appeal hearing appeals in civil and criminal cases. Decisions on points of law become precedents which lower courts must follow. They usually sit as a panel of three judges.

High Court Judges

are usually found in one of three divisions of the High Court. Their main task is to deal with the more complex civil cases and appeals from the County Court. However, they will also hear very serious criminal cases in the Crown Court (especially murder) and appeals from the Magistrates’ Court.

Circuit Judges

deal with criminal cases in the Crown Court (sitting with a jury) and civil cases in the County Court (sitting alone). Recorders perform a similar role but are part-time judges appointed for a period of 5 years.

District Judges

hear small claims cases in the County Court (under £10,000) and may also try criminal cases in the Magistrates’ Court in big cities instead of lay magistrates.

Role in Court of first instance

To ensure the hearing is carried out fairly and preside over the court;

To decide questions of law;

Decisions made by a single judge.

Civil courts

Decide outcome of dispute and award of damages;

In small claims, help parties put their case forward;

Case manager, deciding track, holding preliminary hearings to clarify issues, keep parties to time limits;

May be responsible for running court office.

Criminal courts

Magistrates’ Court – decide both verdict and sentence and preliminary matters, e.g. bail

Crown Court – sum up for jury, sentence if appropriate.

Appeal courts

Review hearing at first instance; decide whether the law was correctly decided and whether hearing was carried out properly;

Decide whether leave to appeal should be granted;

Decisions made by 3 or more judges sitting together;

Decide whether result is wrong;

Can change decision / revise order or award;

Can decide points of law in important cases (Supreme Court and Court of Appeal usually);

Can clarify or amend the law where appropriate, e.g. Pepper v Hart (1993);

Powers of judicial review and under the Human Rights Act 1998.

Separation of powers

there are three primary functions of the state and that the only way to safeguard the liberty of citizens (i.e. prevent there being too much power in too few hands) is by keeping these three functions separate.

Powers

Legislature (Parliament) - power to make and change law

Judiciary - power to interpret and enforce the law

Executive (Government) - power to put law into effect and administer nation’s affairs

Judicial independence

Security of tenure - senior judges can only be removed by the monarch, following a petition to both Houses of Parliament

Immunity from suit - cannot be sued for actions taken or decisions made in the course of their judicial duties

Independence from executive - Under s.3 Constitutional Reform Act 2005 there is a legal duty on government ministers to uphold the independence of the judiciary and specifically bars them from trying to influence judicial decisions.

Independence from Parliament - Full-time judges cannot be members of the House of Commons and are expected to avoid making statements on political issues.

Independence from the case - Judges must be seen as completely unbiased and unconnected with the case.