The Judiciary

What are the two types of judges?

There are two types of judge superior judges and inferior judges

What are the differences between superior judges and inferior judges?

-Superior judges are judges that sit in the High Court and above

-Inferior judges are judges that sit below the High Court

What are the role of judges?

-Preside over court and keep order (who speaks and when)
-Supervises conduct of the trial and ensures fairness (necessary for article 6)

-Ensures rule of evidence and procedures are kept

-Decides on POL

What is the role of judges in criminal courts first instance cases?

-Summing up for the jury

-Directing the jury on matters of law

-Sentencing the convicted

What is the role of judges in civil courts in first instance cases?

-Acting as a case manager- clarifying issues in preliminary hearings and ensuring time limits are kept

-Decides on outcomes, remedies and costs

-In limited cases will direct juries

What is the role of judges in appellate courts?

-Review hearings from first instance courts (considering points of law)

-Decides on permission to appeal

-Judges sit in larger benches of usually 3 but can go up to 9

-They can approve the decisions, reverse the decision, amend the remedy

-Clarify the Law or amend points of Law (usually done by COA and Supreme Court)

-The SC and CA creates precedent

Which judges sit in the supreme court?

Justices of the Supreme Court

What type of appeals does the Supreme Court hear?

Appeals from civil and criminal law on points of law of public importance

What qualifications do judges in the supreme court have?

Held high judicial office or have been qualified to appear in the senior courts for at least 15 years

Which judge appears In the criminal division of the court of appeal?

Most senior judge: Lady Chief Justice

Which judge appears in the civil division?

The Master of the Rolls

How long do judges in the court of appeal have to be qualified as a solicitor or barrister for?

7 years or be an existing High Court Judge

Who do judges need to be appointed by?

The King

Which points do court of appeal judges deal with?

Point of Law

Which Judges sit in the High Court?

High Court Judges

What qualifications do High Court judges need?

Qualified barristers or solicitors and have seven years experience or have been a circuit judge for 2 years

What points of do High Court Judges in the Kings Bench division deal with?

Points of Law

What points of do High Court Judges Civil division deal with?

Points of Law and Points of Fact

Which Judges sit in the Crown Court?

-Circuit Judges

-Recorders

Which points of does the crown court (Crim) deal with?

Points of Fact

What judges sit in the magistrates court?

-District Judge (Magistrate)

Which point of do district judges deal with?

-Points of Fact

What type of judges sit in the county court?

-District Judges

-Circuit Judges

-Recorders

What are the qualifications of Circuit Court Judge?

Solicitor or Barrister has held rights of audience for at least 7 years

What are the qualifications for Recorders?

Part time judges for Solicitors or Barristers with a 7 year right of audience

What are the qualifications of District Judges?

Solicitors or Barristers who have been qualified and have 5 years of legal experience

What are the three arms of the state under the separation of powers?

The Legislature, Executive and the Judiciary

Who are The Legislature?

Creators of law

Who are the executive?

Enforcer of the laws

Who are the Judiciary?

Application of laws to the facts

How is liberty protected?

Ensuring that no person or body has control over all three arms as each acts as a check on balance on the other

To ensure fairness and comply with article 6 what are judges expected to be?

Independent from any outside influence

What does it mean when Judges have Security of Tenure?

Judges cannot be dismissed by the Government, superior judges can only be dismissed by the monarch

How can inferior judges be removed?

Inferior Judges can only be removed by the Lord Chancellor with consent of the Lady Chief Justice

Why is it important that Security of Tenure and the requirement for the Lady Chiefs Justices consent?

Means judges cannot be forced to resign due to decisions that may be unpopular with politicians. This is especially important in judicial review cases concerning reasonableness as judges can rule without fear of repercussions

What is a limit to Judicial Independence of Judges having Security of Tenure?

Lord Chancellor is a political roll and therefore Judgement may be impacted

What does S3 of the Constitutional Reform Act 2005 state about Lord Chancellor and the other Government Ministers?

Must uphold the independence of the judiciary and prohibited from attempting to influence judicial decisions

What is an example case of Judges being independent from the executive as guaranteed by S3 of the Constitutional Reform Act 2005?

R (Miller) V The Prime Minister

What is a limit of the S3 Constitutional Reform Act 2005 protecting Judicial independence?

The slow speed politicians defend judicial independence as Lizz Truss is a Lord Chancellor to long to defend the Judiciary

What is an example of independence from the legislature?

Constitutional Reform Act 2005

Removes Law Lords from the HOL

Pay comes from the consolidated fund guaranteed independence.

What is a limit of independence from legislature?

• Inferior part-time judges such as Recorders can be MPs (applying the law and make the law)

• Pensions are not as well protected and length of service for eligibility can be changed

What does it mean by Judges having immunity from suit?

Judges are not criminally or civilly liable for actions performed in exercising their judicial functions

What is the Act for judges not being liable for actions performed in exercising their judicial functions?

Sirros V Moore

Where was it guaranteed that Judges are independent from the executive?

S3 of the Constitutional Reform Act 2005

What are exemplar cases for the independence of judiciary?

R (Miller) V The Prime Minister (the limits on proroguing parliament

Where is independence from the legislature seen?

• Full time judges are not permitted to sit in the House of Commons (does not apply to part time judges, i.e. recorders);

• The Constitutional Reform Act 2005 removes judges from the House of Lords;

• Judges salaries are not subject to Parliamentary approval as they come from the consolidated fund

Where is independence from the case seen?

¨- Judges must both be independent as Lord Hope noted, judges must not only have ‘an unbiased and impartial mind. He must be seen to be impartial.’ Re: Pinochet. This was said in a case where Lord Hoffman did not declare a perceived interest as an unpaid director of a charity involved in the case.

What is the importance of judicial independence?

¨ An independent judiciary protects individual liberty as the Government must comply with the rule of law in order to command the respect and confidence of the electorate. Therefore, the independent judiciary is vital to protect democracy.

¨ Equally, businesses prefer certainty: countries that have independent judiciaries committed to the rule of law tend to have better economic investment as investors have more certainty over how their investments will be treated.

¨ Security of tenure/the requirement for the Lady Chief Justices’ consent means judges cannot be forced to resign due to decisions that may be unpopular with politicians. This is especially important in judicial review cases concerning reasonableness as judges can rule without fear of repercussions.

¨ The fact that judges must be both independent and seen to be independent creates public confidence that the justice system is fair.

¨ An area of concern: technically, judicial decisions can be overruled by Parliament, this seems to be Rishi Sunak’s intended response to R (AAA) V The Secretary of State for the Home Department (see the Rwanda Bill/Act 2024).