the judiciary

Who sits in the Supreme Court ?

Justices of the Supreme Court

Who sits in the court of appeal ?

Lord of justices of appeal

Who sits in the high court (divisional, KBD and normal) ?

High court judges

Who are the superior judges ?

Judges who sit in Supreme Court, court of appeal and high court

Who sits in the crown court ?

Circuit judges and recorders

Who sits in magistrates court ?

District judges and magistrates

Who sits in the county court ?

District, circuit judges and recorders

Who are the inferior judges ?

Circuit judges, recorders, district judges and magistrates

QUALIFICATIONS who appoints a justice of the Supreme Court ?

Appointed from those who hold high judicial office (from the court of appeal or from those who have been qualified to appear in the senior courts for at least 15 years)

QUALIFICATION who can they also be appointed by ?

Those who have qualified to appeal in Scottish and N. Ireland courts for at least 15 years

QUALIFICATION what does the constitutional reform act 2005 provide ?

That there should be a maximum of 12 judges and they are the most senior judges in the country

QUALIFICATION what can justices of the Supreme Court hear ?

Both civil and criminal appeals on points of law and public importance

QUALIFICATION what must lord justices of appeal have ?

Been qualified as a barrister or solicitor and have gained experience in law for at least 7 years or be an existing high court judge

Where will the lord justices of appeal sit ?

Civil division where they hear appeals from the county court or high court or criminal division where they hear appeals from trials in the crown court

Who is lady chief justice ?

Most senior judge and sits in the court heading criminal division

Who is the master of the rolls ?

Heads the civil division

QUALIFICATIONS what must high court judges have ?

Qualified as a barrister/ solicitor and have 7 years experience or to have been a circuit judge for at least 2 years

What are the vast majority of high court judges ?

Previously barristers with 20/30 practice

What are deputy high court jduges ?

Testing their suitability to become high court judge, expected to have previous judicial experience appointed by the king

What divisions do high court judges hear cases in ?

Kings bench, chancery and family

What is the kings bench division ?

Hears high value claims of contract and tort

What is the chancery division ?

High value commercial claims

What is the family division ?

Disputes regarding division of assets and kids

What do they do when they hear civil cases of first instance and criminal and civil appeals ?

Decide liability and award appropriate remedy in civil cases

What can they also do ?

Sits as judges of the court of appeal alongside lord justices to hear appeals relating to work of the respective divisions

What do circuit judges have to be ?

Solicitor or barrister who has held right of audience for at least 7 years

What are they generally before they can be appointed ?

Part time recorder in criminal cases or a full time district judge in civil cases

What do they hear in civil cases ?

Tort and contract claims as well as property disputes and some family work in county court

What do they hear in crown courts ?

Take charge of criminal trials in the crown court and will hear some triable either way matters and all indictable matters

What do recorder have to be ?

Part time judges for solicitors and barristers with a 7 year rights of audience

What do recorders hear ?

Less serious criminal/civil cases

What do district judges have to be ?

Full time post or applicant must have been a qualified barrister/ solicitor and have experience in law for at least 5 years or have been a deputy district judge

What are the vast majority of district judges ?

Solicitors

What is it usual for them to do before they get appointed ?

Sit as a deputy district judge before

What cases do they hear in criminal and civil ?

Low value civil claims and hear summary matters and some triable either way matters

What does the tribunals, courts and enforcement act 2007 state ?

CILEX fellows are now eligible to be appointed as a deputy district judges

What do judges resolve?

disputes in a fair, unbiased way, applying the law to each case before them

What do judges do in civil courts of first instance?

Sit on their own to deal with all aspects of the case. Be responsible for pre-trial matters such as case management

What does a trial judge do ?

Hear evidence from all witnesses, listen to legal arguments, look at relevant and case facts, decide damages and liability

What do appeal court judges in the courts of appeal and supreme court do ?

Hear arguments on legal points in the case and decide if the decision made at the trial should stand or wether appeal should be allowed

What do they not do ?

Hear evidence from witnesses

What do they do in the court of appeal civil division ?

An appeal may be heard against the finding of liability or about the remedy awarded, the court can either allow or dismiss the appeal or vary damage

What do they do in Supreme Court ?

Important point of la involved or an issue of general public importance, 5 judges involve complicated and technical areas of law and how legalisation should be interpreted

What do judges do in a criminal cases ?

Oversee the case and ensure that correct procedures are followed to rule on points of law that arise to direct the jury on the law and evidence and impose a sentence

What do district judges do ?

Sit on their own to decide: whether D is guilty or not, sentence when a D pleases guilty or is found guilty

What do district judges have ?

Same sentencing powers as lay magistrates

What will a judge do in the crown court ?

Sit with a jury when a D pleads not guilty to an either way offence or indictable offence decide any legal issues in the case and direct the jury, decide on sentence where a D pleads guilty or found guilty by a jury take into account any legal submissions on behalf of D and consider any reports

Why is there a separation of powers ?

Only way to safeguard the liberty of citizens

What do the three functions act as ?

A check on each other and thus limit the amount of power wielded by any one group

Even though they are largely separated what is there ?

Some overlap

What shows the independence of the judiciary ?

Security of tenure, immunity from suit, independence from executive, immunity from legislative, independence from the case

What is security of tenure ?

Judges cant be dismissed by gov only by the monarch following petition presented to him by both Houses of Parliament

Why don’t inferior judges have the same security ?

Can be removed by the lord chancellor with the consent of the lady chief justice for incapacity or misbehaviour

What is security of tenure guaranteed under ?

S3 of the constitutional reform act 2005

What is immunity from the suit ?

Judges given immunity from prosecution for any acts they carry out in performance of their judicial function

What do judges also get immunity from ?

Being sued in a civil case for actions or decisions made in the course of their judicial duties

What case shows immunity from the suit ?

Sirros v Moores

What is independence from the executive ?

Superior judges cant be dismissed by gov so judges can make decisions which may displease the gov without fear of dismissal

What is the guaranteed under ?

S3 constitutional reform act 2005 - lord chancellor and other minsters in gov and anyone with responsibility for matters relating to the judiciary or the administration of justice must uphold the continues independence of judiciary and lord chancellor and other ministers must not seek to influence particular judicial decisions

How are judges appointed to ensure judicial independence from the executive ?

By the judicial appointments commission

What is a good example of independence from the executive ?

R(on the application of AAA) v Secretary of State for home department - Rwanda bill

What is immunity from the legislative ?

Not involved in the law making functions of P, full time judges bot allowed to be members of HofC

What can recorders and assistant recorders be ?

Members of P

What does the Supreme Court creation in 2009 show ?

Super ate judiciary from the legislature - own building and support staff

What are judges of the Supreme Court not allowed to be ?

Members of the House of Lords

What are judges given to ensure independence ?

Given financial independence, salaries are paid out of the consolidated fund which doesn’t need Ps authorisation

What can parliament do ?

Change judicial retirement age and qualifying periods of service for pensions

What is independce from the case ?

Judges must not try any case where they have any interest in the issue involved

What case shows this ?

Pinochet case 1998 - judges have to be seen to be completely unbiased

What is judicial review ?

Initial hearing will take place in the divisional court of the kings bench division of government ministers or public authorities can be challenged by a person who has standing in the case

What case shows this ?

R v Home Secretary, ex parte fire brigades union

What do judges do in relation to human rights ?

Hear cases involving human rights and prperpare to find against the government

What does the human rights act 1998 do ?

Incorporate ECHR into uk law giving judges power to declare an act is incompatible with the convention

What can judges do in relation to the human rights act 1998?

Puts pressure on gov to change law to comply with ECHR

What case shows this ?

A and another v Secretary of State for the home department 2004

Why is the judiciary important ?

Protecting the liberty of the individual from abuse of power by the executive

What does the government need to do ?

Value and abide by the rule of law in order to command the select and confidence of the electorate

What is the judiciary vital for ?

Democracy

What can the gov not do ?

Force judge to resign if disagree with decision

What can judges do ?

Carry out judicial review without fear of repercussions

What are judges seen to be ?

Impartial in their decisions and able to decide solely on evidence

What are judges free to exercise ?

Their judicial powers without interference from litigants, state, media or powerful individuals

What percentage of judges are over 50 ?

69% bc have to have number of years of experience in practice

What percentage of all courts are women ?

38% and 30% are superior judges

Who was the first women to be appointed to the high court ?

Dame liz lane

Who was the first women appointed to the court of appeal ?

Dame liz butler-sloss

What percentage of ethnic minorities constituted of all judges ?

11%