Judiciary

What are the two types of judges?

Senior and inferior

In what court do superior judges sit?

High court and above

In what court do inferior judges sit?

Below the high court

What are the three arms of state?

Legislature, executive and judiciary

What is the role of the judiciary?

Apply law

What is the role of the executive?

Enforce laws

What is the role of the legislature?

Creators of law

How does the executive and legislature overlap in the UK?

Government (executive) sits in parliament which is the legislature

What act enforced the separation of powers and what did it do?

Constitutional reform act 2005 - removed law lords from the House of Lords, creating the Supreme Court

What is judicial independence?

Judges are expect to be independent from outside influence to ensure fairness and article 6 (right to fair trial).

What is security of tenure?

Superior judges can only be dismissed by the monarch, following a petition from both Houses of Parliament; This means that they are free from being influenced by the government

Who can dismiss inferior judges?

Lord chancellor

What does s3 of the Constitutional Reform Act say?

Lord chancellor and other government ministers must uphold judicial independence and are prohibited from attempting to influence judicial decisions

What is immunity from suit?

Judges cannot be civilly or criminally liable for actions performed in exercise of their judicial function; This means they cannot be sued for defamation etc.

What case links to immunity from suit?

Sirros V Moore

What does the case of R V Miller show about judicial independence?

Judges are independent from the executive which allowed them to hold Boris’s Johnson responsible for proroguing parliament.

Can full time judges sit in the House of Commons?

No

What did Lord Hope say about judicial independence?

Judges must not only have an unbiased and impartial mind but he must be seen to be impartial

What does s4 of the HRA allow senior courts to do?

Issue a declaration of incompatibility which alerts parliament that their legislation does not align with the ECHR; While this is not binding it creates political pressure to amend the law

What is an example of when a declaration of incompatibility was issues?

In response to the Rwanda Bill

What are the benefits of an independent judiciary?

• Upholds the rule of law and therefore protects democracy

• Security of tenure means the can make unpopular decisions without it threatening their career

• The fact they must be seen to be independent create public confidence as people can see the justice system is fair

What are some criticisms of the judiciary?

• Their powers are limited i.e. Declarations of incompatibility are not binding and can be overruled such as the Safety of Rwanda Bill which was created in response to the declaration

• It is dominated by elderly, white, middle class men

What was set up to increase diversity?

Judicial Appointments Committee

As of 2024, what percentage of all judges are women?

38%

As of 2024, what percentage of judges are over 50?

69%

As of 2024, what percentage of judges are from ethnic minority?

11%

What would be the benefits of a career judiciary?

• Decreased the mean age of judges

• More specialist training on job specific skills they will need

What qualification are needed for the Supreme Court?

Qualified to appear in senior courts for at least 15 years

How many judges sit in the Supreme Court?

12

What cases does the Supreme Court hear?

Appeals from civil and criminal law on points of public importance

What qualifications are need for the court of appeal?

• Qualified as solicitor or barrister for at least 7 years

• Be an existing high court judge

• Appointed by the king

What qualification are needed for the high court?

• Qualified solicitors or barristers for at least 7 years

• Have been a circuit judge for at leat 2 years

Explain part time high court judges

Aims to test suitability and gain experience

Why may a high court judge sit in the court of appeal?

If the case is relevant to their division

What qualifications are needed to be a circuit judge?

• Solicitor or barrister who has held rights of audience for at leat 7 years

• Often will have been a recorder or district judge prior

What cases can circuit court judges hear?

Both criminal and civil

What qualifications are needed to be a recorder?

Recorders are part time judges made up of solicitors and barristers with a 7 year right of audience

What cases do recorders hear?

Less serious criminal and civil cases

What qualifications are needed to be a district judge?

Qualified solicitors and barristers with 5 years leafs experience

What is the role of a judge in civil cases? (5)

• Sits alone

• Responsible for pre-trial matters and case management

• Hears all witnesses, considers legal arguments and act as arbitrators of fact

• Establish liability

• Determines appropriate remedies

What is the role of judges in criminal trials in magistrates court ?

Sit alone, determine facts and sentence alone

What is the role of judges in criminal trials in crown court?

Ensure legal procedures are complied with, decide points of law and directs jury; If the D is found guilty, the judge will sentence

What is the role of judges in court of appeal civil division?

May hear appeals on finding liability or remedies; This allows them to either allow or dismiss appeals.

How many judges sit in a civil appeal case?

3

What is the role of judges in the court of appeal criminal division?

Hear appeals against sentence and convictions; They hear legal arguments and can confirm the decision or quash the conviction

How many judges will hear a criminal appeal?

3