the judiciary a level law

Role of Judge

To make decisions in respect of disputes. They must do this in a fair, unbiased way, applying the law and the legal rules of England and Wales.

Superior judges

Justices of the Supreme Court. Lord Justices of Appeal (Court of Appeal). High Court Judges are split into 3 sections : Queens Bench Division, Chancery Division, Family Division.

Inferior Judges

Circuit Judges, District Civil Judges, District Criminal Judges, District Judge, Magistrates' Court, Recorders/Assistant Recorders: part-time judges, Tribunal Judges.

Role of justices of the supreme court

Hear around 100 cases a year, cases only heard where a point of law relevant of general public importance, binds all lower courts.

Role of Lord Justices of Appeal

Hear over 1,800 criminal cases per year, panel of 3 judges so a majority is always met, binds precedent for itself and all lower courts.

Role of high court judges

Carry out the trial of cases, make decisions on the law, winning/losing and decide the sentence

Circuit Judges

Hear middle-ranking Crown Court cases and sit in the County Court travelling around the country.

District Civil Judges

Hear small claims and similar matters in the County Court.

District Criminal Judges

Hear less serious Crown Court cases

Magistrate judges

Officials who hear cases against accused persons and decide whether those cases should be brought before a grand jury

Recorders/Assistant Recorders

Part-time judges working as barristers or solicitors

Courts and Legal Services Act 1990 - amended by Tribunals, Courts and Enforcement Act 2007.

All qualifications set out here. Based on the relevant law qualification and allowed progression from 1 level of the judiciary to another.

Qualifications for a Supreme Court judge

Experience as a Court of Appeal judge or high court judge for 15 years. May also have been practicing for 15 years or more as barristers in Scotland/ Northern Ireland.

Qualifications for a Lord justice of appeal

Qualified barrister or solicitor and gained experience in law for at least 7 years or experience as a high court judge or having held a high court qualification for 10 years.

Qualifications for a High Court Judge

Qualified barrister or solicitor and have gained experience in the law for 7 years. Or been a circuit judge for 2 years. Vast majority of high court judges are appointed from barristers (20-30 years of experience) although some are circuit judges

Qualifications for a Circuit judge

Promotion from recorder or experience in the law for 7 years as a barrister or solicitor. The courts legal service act 1990 also allows promotion from being a district judge or chairman of a tribunal for 3 years.

Qualifications for a Recorder

Experience as a barrister or solicitor for at least 7 years.

Qualifications for a District Judge

Experience as a barrister or solicitor for at least 5 years (usually solicitors). Tribunal Courts and Enforcement Act 2007 - allows institute for Legal executives to be appointed as Deputy District Judges

Constitution reform act 2005

Created the Judicial Appointments Commission (JAC) - responsible for selecting 500-700 judicial appointments each year.

5 judicial qualities

1. Intellectual capacity

2. Personal qualities - including integrity and independence

3. Fairness

4. Authority and communication skills

5. Efficiency and a good character.

Application form

Has to have references from 3 - 6 people. The commission will consult existing judges about the application forms.

Qualifying test

For posts below a circuit judge. These tests assess candidate's ability to do judicial roles.

Interview

Role play and formal discussion.

Selection process

The Commission is entirely responsible for selecting judges for appointment.

No candidate can be appointed unless recommended by the Commission.

The Commission must consult with the Lord Chief Justice and another judge of equal experience before recommending the candidate for appointment.

Judicial college

Set up in 2011. Trains for knowledge of the law, evidence and procedure, improvement of judicial skills, the social context of judging.

Rejection of appointment

The Lord Chancellor has limited powers in relation to each appointment. He can reject a candidate once, but he must give written reasons for this.

Judicial Pensions and Retirement Act 1993

Judges retire at 70, some stay on until 75.

Act of Settlement 1701

Superior judges have security of tenure and they cannot be dismissed by the lord chancellor. The same provision is now contained in the Senior Courts Act 1981 for High Court Judges and Justices of Appeal.

Removal

Judges can only be removed by the monarch following a petition presented to her by both Houses of Parliament.

Senior Courts Act 1981

The Lord Chief justice after consulting with the lord chancellor can declare the office vacant of any judge who through ill health cannot carry out their work.

Removal of inferior judges

The Lord Chancellor can dismiss them for incapacity or misbehaviour. A criminal conviction would be a cause for dismissal. Campbell - a judge was convicted of evading customs on duty on alcohol and cigarettes.

Separation of Powers

An act of vesting the legislative, executive, and judicial powers of government in separate bodies - Montesquieu

1. 3 arms: Judicial

Judges - interpreting the law and enforces

2.3 arms: Legislature

The House of Commons/ Lords - making the laws

3. 3 arms: Executive Branch

Government - puts law into effect, administer the nation's affairs, suggest new laws

Security of tenure

Superior judges cannot be dismissed by the government.

Immunity from suit

Judges are given immunity from prosecution for any acts they carry out during their judicial role. They also have immunity from being sued in a civil case.

Sirros v Moore (1975)

The court of appeal held that despite a judge wrongly ordering someone's detention, they could not be sued for false imprisonment.

Independence from the executive

s3 Constitutional Reform Act 2005

Guarantees Judicial independence from the executive - the Lord Chancellor and other ministers must not seek to influence judicial decisions.

R (Miller) v Secretary of State

Courts held the government could not start the process of leaving the EU without consulting parliament.

Independence from the case

Judges must not hear cases where they have an interest in the issues.

Pinochet Case (1998)

One of the Lords hearing the case had an interest in a party who spoke at the case. The Law Lords ordered a re-trial.