Legal Personnel: The Judiciary

Who is the head of the judiciary?

• Lord/Lady Chief Justice

• Came into force with the Constitutional Reform Act 2005 - was previously the Lord Chancellor

Who is the current Lord/Lady Chief Justice?

Lady Chief Justice Carr

Who are the superior judges?

• Justices of the Supreme Court

• Lord Justices of Appeal

• High Court Judges

Who are the inferior judges?

• Circuit judges

• Recorders

• District Judges

Roles of Judges

• Decide issues of law

• Keep order in the courtroom

• Listen to evidence

• Sum up facts & evidence to jury

• Apply relevant statues

• Follow binding precedents

• Decide sentences

How do you become a judge?

• Until 2005 selected by the Lord Chancellor in secrecy

• The Constitutional reform Act 2005 established the Judicial Appointments Commission

• They advertise & recommend people to the Lord Chancellor

• Once candidates selected, appointment made by the King

Roles of Justices of the Supreme Court

• Sit in the Supreme Court & Privy Council

• Deal with important, final appeal cases on points of law / public importance

• Deal with approx 90 cases a year

• Decisions on points of law becomes precedent

Roles of Lord/Lady Justices of Appeal

• Sit in the Court of Appeal

• Hear appeal cases in panels of 3 or 5

• Hears approx 1800 criminal & 3000 appeal cases per year

• Decisions on points of law become precedent

High Court Judges

• Assigned to King’s Bench, Family or Chancery Division

• Try cases of first instance & decide liability & quantum

• Hear County Court cases

• KBD hears appeal cases from magistrates

Roles of Circuit Judges

• Sit in the Crown & County Court

• Civil cases - decide facts of law

• Criminal cases - sit with a jury & decide sentencing

Roles of Recorders

• Part time

• Sit mainly in the Crown Court

• Must have been barristers / solicitors for at least 7 years

Roles of District judges

• Magistrates Court

• Sit alone & decide facts / law

• Decide sentencing

Role of Judges in Civil Law

• Organise allocation of the track

• Run pre-trial meetings

• Ensure proper conduct of a trial & fairness of all parties

• Analyse & evaluate arguments put fourth

• Decide liability & quantum

Roles of Judges in Criminal Law

• Run pre-trial meetings

• Keep court order

• Rule on law in the trial

• Provide summary of facts & points of law for the jury before they go to room

• Sentence if D is guilty

How is the Judiciary independent?

• Security of tenure

• Immunity from suit

• Independence from executive

• Independence from case

• Independence from legislature

Security of tenure

• Superior judges can’t be dismissed unless both houses of parliaments agree & sign a petition

• Act of Settlement 1701

• Only used once on Irish Judge Jonah Barrington who misappropriated money from court

• Allows to make decisions without fear of being removed for unpopular decisions & offers protection from political whims

• Doesn’t apply to inferior judges - Lord Chancellor can dismiss them for misbehaviour with consent from Lord Chief Justice

Immunity from suit

• Immunity from being sued in civil cases for decisions made

• Allows to do their jobs without fear of repercussions

Independence from the executive

• Can’t be dismissed by the government under s3 Constitutional Reform Act 2005

• Allows to make controversial decisions without threat of dismissal

• Judiciary part of 3 main powers (executive & legislature) so bodies must be separate - Separation of Powers

Independence from case

• Judges can’t try cases where they have an issue in the interest

• Prevents biased decisions

• Eg General Pinochet Case - Lord Hoffman was removed due to a link with Amnesty International campaigning for Pinochet to stand trial

Independence from legislature

• Generally not involved in law-making of Parliament

• Full time judges can’t be MPs

• Supreme Court established in 2009 to further separate the powers

• Helps to maintain clear boundaries & support integrity of the separation of powers

Why is judicial independence important?

• Protects the liberty of individual from abuse of power by the executive

• Stops government dismissing a judge if they make a decision they disagree with

• Judges must be unbiased & decide cases solely on evidence & in accordance with the law

• Judges must be free to make decisions without fear or inference

Advantages of judicial independence

• Ensures fairness in all cases

• Protects citizens against unlawful acts of government]

• Maintains public confidence