judiciary

What are the 2 categories of judges

1. Superior judges - sit in the high, appeal, supreme

2. Inferior judges - sit in the crown, magistrates, county

What is the role of judges

Judges preside over both civil & criminal cases

Criminal - judges decide the sentence & the jury decide the verdict

Civil - judges decide the issue of liability & the amount of damages to be awarded

What’s the role of judges in terms of the convention

S2 - must take into account decisions made by the ECtHR (but are not bound)

S3 - as far as it’s possible to do so judges must interpret legislation in a way that upholds convention rights

What did the Constitutional Reform Act 2005

• established the Supreme Court, meaning that superior judges are separate from parliament which created an independent judiciary (fundamental principle of the rule of law)

• Changed the role of the Lord Chancellor (previously seen as a conflict with the separation of powers) - now known as the Minister of Justice

What is the hierarchy of the courts

Supreme Court

|

Court of Appeal

|

High Court

|

Crown Magistrates County

What training is undertaken to become a judge

Carried out by the Judicial College

3 main elements of judicial training:

• knowledge of substantive law, evidence, procedure

• The acquisition & improvement of judicial skills

• The social context within which judging occurs

First appointment - go through an induction programme & will be assigned a mentor (experienced judge)

Continue their professional development through the completion of seminars & e-learning to keep up to date with developments of legislation & procedure

How were judges selected pre Constitutional Reform Act 2005

Lord chancellor selected & decided who to appoint based on the opinions of existing judges, that person would then be invited to be a judge

This was seen as very secretive & against the separation of powers

How were judges selected post Constitutional Reform Act 2005

Judicial posts are advertised & candidates must apply

Recruitment of judges is now managed by the Judicial Appointments Commission - completely separate from the political influence of the government, the Lord Chancellor is still involved (in a minimal way) in the appointment of senior judges

How many members are there in the JAC & where are they drawn from

15 members of the commission Drawn from the judiciary, the legal profession, non-legally qualified judicial officer holders, & the public

What 5 qualities are recommended by the JAC for a good judge

1. Intellectual capacity

2. Integrity, independence of mind, sound judgement, decisiveness, objectivity, willingness to learn

3. Ability to understand & deal fairly

4. Authority. Communication skills

5. Efficiency

What are the appointments of judges based on

No made solely on merit, posts are widely advertised to encourage a wide range of applicants to apply

The amount of time a candidate has to have worked in law has been reduced to increase the pool of potential candidates & encourage applications from solicitors, barristers, & tribunal judges

When can judges be dismissed

Usually retire at 70

Superior judges have security of tenure - they should not be at risk of removal just because the gov may not agree with their decisions

Can be dismissed due to misbehaviour or inability / disciplinary reasons

May be under pressure to resign is their behaviour is unwarranted

Who can dismiss judges

Lord Chancellor - can dismiss inferior judges with consent of the Lord Chief Justice for misbehaviour or incapacity

The King - can remove senior judges when given a petition from both Houses of Parliament

Case example for security of tenure

Judge peter bowers refused to jail a paedophile for accessing images of child abuse in 2013, saying “he’d have a hard time in prison”

What is s3 of the Constitutional Reform Act 2005

Guarantees judicial independence & states this must be upheld at all times

Judges are free from influence from the legislature & government (separation of powers) - they can make decisions which may displease the gov without threat of dismissal

Judges should be free from political bias

Case example for s3

Court ruling that parliament must vote on the process of the UK leaving the EU

What is the separation of powers & why is it important

All three branches of state are separate

Judges must be neutral & free from interference from the legislature because prosecutions are brought by the state so they can’t have any political bias to ensure D gets a fair trial

Judges also hear applications for judicial review of gov decision making - strike down legislation that is ultra varies

This requires a judge that is not afraid to find against the government

What is meant by immunity from suit

Judges cannot be prosecuted or sued for anything they do in exercise of their judicial role

This means judges can make decisions without fear of legal action being taken against them

Case example for immunity from suit

Sirros v Moore

Confirms their immunity

Stats on the representation of female judges & legal professionals

• 44% of all judges (underrepresented in senior roles)

• 57% of magistrates

• 41% of barristers

• 54% of solicitors

• 78% of chartered legal executives

Stoats on the representation of ethnic minorities

• 13% of all judges (Underrepresented in senior roles)

• 17% of barristers

• 19% of solicitors

• 12% of chartered legal executives

Stats on the age of judges

• 68% of all judges are 50 & over

• 6% aged 70 & over

• 41% of barristers

• 31% of solicitors

• 39% of chartered legal executives

• 72% of new appointees are under 50

Judges tend to be older within senior roles due to their experience