The Judiciary

The Judiciary

16.1 Introduction

  • Judges as a collective are referred to as the judiciary.

  • Main function of judges:

    • Make decisions on disputes.

    • Must be fair and unbiased, applying the law based on the legal rules of England and Wales.

  • Divisions of the judiciary:

    • 'Superior' judges (High Court and above)

    • 'Inferior' judges (lower courts)

  • Types of judges and their roles, training, and terms of office vary between divisions.

16.2 Types of Judges

16.2.1 Superior Judges

  • Superior Judges include:

    • Justices of the Supreme Court

    • Lords Justices of Appeal in the Court of Appeal

    • High Court Judges (puisne judges) who sit in three divisions of the High Court.

    • Judges in the Queen's Bench Division of the High Court may also hear serious cases in the Crown Court.

  • The head of the judiciary is the Lord Chief Justice.

16.2.2 Inferior Judges

  • Inferior Judges include:

    • Circuit Judges (Crown Court and County Court)

    • Recorders (part-time judges, usually in Crown Court)

    • District Judges (small claims and other matters in the County Court)

    • District Judges (Magistrates' Courts)

    • Tribunal Judges

16.3 Qualifications, Selection, and Appointment

16.3.1 Qualifications

  • Judicial qualifications are set out under the Courts and Legal Services Act 1990 and amended by the Tribunals, Courts and Enforcement Act 2007.

  • Judges require legal qualifications and relevant legal experience for several years.

16.3.2 Selection

  • Prior to 2005, selection of superior judges was performed by the Lord Chancellor in a secretive system with political influences.

  • Following the Constitutional Reform Act 2005, the Judicial Appointments Commission was established:

    • Advertises judicial vacancies.

    • Conducts interviews with applicants.

    • Recommends candidates to the Lord Chancellor.

16.3.3 Appointment

  • Candidates selected are appointed by the Queen, ensuring separation from government influence.

16.4 Role of Judges

16.4.1 Justices of the Supreme Court

  • Hear approximately 100 cases per year mainly consisting of civil appeals with complex law.

  • Cases can only be appealed on a point of law.

  • Must sit as a panel of an uneven number (minimum 3).

  • Decisions made establish precedents for lower courts.

16.4.2 Lords Justices of Appeal

  • Hear appeals in both civil and criminal divisions of the Court of Appeal.

  • Over 7,000 applications for leave to appeal annually, with about 1,800 reaching full court.

  • Hear over 3,000 civil appeals.

  • Generally, sit as a panel of 3; may occasionally consist of 5.

16.4.3 High Court Judges

  • Primary function: Try cases (first instance).

  • Hear evidence, decide on the law, and determine case outcomes.

  • Handle appeals from civil cases in the County Court.

16.4.4 Inferior Judges

  • Circuit Judges:

    • Hear civil cases in the County Court and criminal cases in the Crown Court.

  • Recorders:

    • Part-time judges, mainly in the Crown Court.

  • District Judges:

    • Hear small claims in the County Court (up to £10,000) and other matters.

  • District Judges (Magistrates' Courts):

    • Decide facts and law in Magistrates' Courts.

16.5 Independence of the Judiciary

  • Independence ensures fair and impartial judicial processes.

16.5.1 Security of Tenure of Superior Judges

  • Superior judges cannot be dismissed by the government (origin in the Act of Settlement 1701).

  • They can only be removed by the monarch via a parliamentary petition.

  • This protects decision-making from political influences.

  • Historical case: Removal of Irish Judge Jonah Barrington in 1830 for misconduct.

16.5.2 Tenure of Inferior Judges

  • Inferior judges do not enjoy similar security.

  • The Lord Chancellor can dismiss them for incapacity or misbehavior.

  • Dismissals have occurred for actions such as criminal convictions (e.g., Bruce Campbell, Constance Briscoe).

16.5.3 Immunity from Suit

  • Judges are immune from prosecution for judicial acts.

  • Confirmed in Sirros v Moore (1975), judges cannot be sued for misconduct during their duties.

  • This immunity promotes judicial independence.

16.5.4 Independence from the Executive

  • Superior judges cannot be dismissed by the government.

  • Protected under s 3 of the Constitutional Reform Act 2005 which mandates government officials to uphold judicial independence.

16.5.5 Independence from Case

  • Judges must recuse themselves from cases where there is any interest or possible bias.

  • Example: Pinochet case (1998) where a judge’s connection to Amnesty International raised concerns about impartiality.

16.6 Reasons for Judicial Independence

  • Protects individual liberties from government power abuse.

  • Essential for democracy; ensures judges can act without government pressure.

  • A prime example: The 2016 EU referendum case demonstrating judicial checks on executive actions.

16.7 Advantages of Judicial Independence

  • Decisions are based solely on case facts and law, promoting fairness.

  • Judges can protect citizens from unlawful government actions through impartial judicial review.

  • Public confidence in the legal system is enhanced by the knowledge of unbiased judiciary.

Summary

  • The judiciary consists of different types of judges with various roles.

  • Judges are selected by the Judicial Appointments Commission, promoting independence.

  • Judges in appellate courts interpret laws and set precedents.

  • Importance of judicial independence stems from the need for impartiality and protection against government overreach.

  • Advantages include fairness in legal decisions and public trust in judiciary ensuring democratic ideals are upheld.