The Judiciary

  • Establish the facts of a case and then apply the law to those facts.

Methods of ensuring judicial independence

Security of Tenure:

  • Judges cannot be dismissed by the Government. Superior judges may only be removed by the monarch following a petition presented by both Houses of Parliament.

  • Inferior Judges can only be removed by the Lord Chancellor (a Government minister) with the consent of the Lady Chief Justice for incapacity or misbehaviour.

Immunity from suit:

  • Judges cannot be prosecuted or sued for conduct necessitated by their office which they take in good faith

Independence from the executive:

  • S3 of the Constitutional Reform Act 2005 places an obligation on ministers not to do anything that influences judicial independence.

The qualifications needed: The Supreme Court

  • To have held high judicial office, or have been qualified to appear in the senior courts, for at least 15 years (as it’s an appellate court for Northern Ireland and Scotland, applicants qualifications can be from their courts).

  • Constitutional Reform Act 2005 states there’s a maximum of 12 judges.

  • The SC hears appeals from civil and criminal law on points of law of public importance.

The qualifications needed: The Court of Appeal

  • Have qualified as a solicitor or barrister and gained legal experience for at least 7 years or be an existing High Court judge.

  • Appointed by the King.

  • Judges sit in either divisions: civil deals with appeals from County and High Court; Criminal deals with Crown Court appeals

  • The Lady Chief Justice (the most senior judge in England and Wales sits in this court, heading the Criminal Division).

  • The Master of the Rolls (heads the civil division and is the most senior Civil Court judge in England and Wales).

The Qualifications needed: The High Court

  • Are qualified barristers or solicitors and have seven years experience of have been a circuit judge for 2 years.

  • Majority are barristers with between 20/30 years of experience. It’s also possible to be a part time High Court judge to test suitability and gain experience (candidates are usually expected to have had some judicial experience).

  • High Court Judges work in one of three divisions; note, the high court can hear civil cases at first instance and criminal appeal cases, High Court Judges can also sit alongside Lord Justices of Appeal in the Court of Appeal to hear appeals relevant to their division.

Circuit Court Judges

  • Solicitor or Barrister has held rights of audience for 7 years;

  • Generally, will have been a recorded (crime) or District Judge prior to becoming a Circuit Court judge.

  • Circuit court judges can hear both civil and criminal cases.

Recorder

  • Part time judges for solicitors/barristers with a 7 year right of audience - they hear less serious criminal/civil cases.

District Judges

  • Solicitor or Barristers who have been qualified and have 5 years of legal experience or have been a deputy district judge.

  • The majority are solicitors, and many have previously sat as deputy district judges, they hear the least complex civil cases in the County Court and sit alone in the Magistrates Courts.

  • The Tribunals, Courts and Enforcement Act 2007, enables CILEx Fellows to become deputy district judges.