Judiciary

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46 Terms

1
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What are the two types of judges?

Senior and inferior

2
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In what court do superior judges sit?

High court and above

3
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In what court do inferior judges sit?

Below the high court

4
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What are the three arms of state?

Legislature, executive and judiciary

5
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What is the role of the judiciary?

Apply law

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What is the role of the executive?

Enforce laws

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What is the role of the legislature?

Creators of law

8
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How does the executive and legislature overlap in the UK?

Government (executive) sits in parliament which is the legislature

9
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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

10
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What is judicial independence?

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

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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

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Who can dismiss inferior judges?

Lord chancellor

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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

14
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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.

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What case links to immunity from suit?

Sirros V Moore

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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.

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Can full time judges sit in the House of Commons?

No

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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

19
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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

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

In response to the Rwanda Bill

21
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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


22
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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


23
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What was set up to increase diversity?

Judicial Appointments Committee

24
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As of 2024, what percentage of all judges are women?

38%

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

69%

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

11%

27
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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


28
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What qualification are needed for the Supreme Court?

Qualified to appear in senior courts for at least 15 years


29
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How many judges sit in the Supreme Court?

12

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What cases does the Supreme Court hear?

Appeals from civil and criminal law on points of public importance

31
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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


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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


33
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Explain part time high court judges

Aims to test suitability and gain experience

34
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Why may a high court judge sit in the court of appeal?

If the case is relevant to their division

35
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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


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What cases can circuit court judges hear?

Both criminal and civil

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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

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What cases do recorders hear?

Less serious criminal and civil cases

39
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What qualifications are needed to be a district judge?

Qualified solicitors and barristers with 5 years leafs experience

40
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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


41
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What is the role of judges in criminal trials in magistrates court ?

Sit alone, determine facts and sentence alone


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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

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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.

44
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How many judges sit in a civil appeal case?

3

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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

46
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How many judges will hear a criminal appeal?

3