judges the judiciary. introduction to judges types of judge the judiciary
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Types of judge
• Law Lords
• Judges in the Court of Appeal
• High Court Judges
• Circuit Judges
• District Judges
• District Judges (Magistrates’ Court)
• Recorders (part-time judges)
The Judiciary
Law Lords
Title: Lords of Appeal in Ordinary/Law Lords
Number: 12
Court: House of Lords and Privy Council
Appointed by: the queen on recommendation of the
prime minister, who has been advised by the Lord
Chancellor
Qualifications: appointed from those who hold high
judicial office, e.g. a judge in the Court of
Appeal, or from those with 15 years’ experience of
supreme courts
The Judiciary
Judges in the Court of Appeal
Title: Lord and Lady Justices of Appeal
Number: 37
Court: Court of Appeal
Appointed by: the queen on recommendation of the prime
minister, who has been advised by the Lord Chancellor;
the Lord Chancellor will have consulted senior members
of the judiciary
Qualifications: the statutory qualification is a 10-year
High Court qualification or being a High Court Judge;
most Court of Appeal judges are promoted from the ranks
of experienced High Court Judges
The Judiciary
High Court Judges
Title: Mr or Mrs Justice (Surname)
Number: 112
Court: High Court and serious cases in Crown Court
Appointed by: the queen on advice from Lord
Chancellor.
Qualifications: they must have a right of audience in
relation to all proceedings in the High Court for 10
years, or have been a Circuit Judge for at least 2
years; once appointed, they are assigned to a
Division of the High Court — the Chancery Division,
the Queen's Bench Division, or the Family Division.
The Judiciary
Circuit Judges
Number: 636 and 42 Deputy Circuit Judges who sit part
time in retirement
Court: Circuit Judges are assigned to a particular
circuit and may sit at any of the Crown and County
Courts on that circuit; they can hear both criminal and
civil cases
Appointed by: the queen on the recommendation of the Lord
Chancellor
Qualifications: 10-year Crown Court or 10-year County
Court qualification or to be the holder of one of a
number of other judicial offices for at least 3 years
The Judiciary
District Judges
Number: 412, and 744 Deputy District Judges
Court: on appointment, a District Judge is
assigned to a particular circuit and may sit at
any of the County Courts or District Registries
of the High Court in that circuit; a District
Registry is part of the High Court, situated in
various places in England and Wales
Appointed by: the Lord Chancellor
Qualifications: 7-year general qualification
The Judiciary
District Judges (Magistrates’ Court)
Number: 128, and 167 Deputy District Judges
(Magistrates’ Court)
Court: District Judges (Magistrates’ Court) hear
cases in Magistrates’ Courts; they are paid and
deal with the full range of cases and usually hear
the longest and most complicated cases; they can
either sit alone or with lay magistrates
Appointed by: the Lord Chancellor
Qualifications: 7-year general qualification
The Judiciary
Recorders (part-time judges)Number: 1,404
Court: Recorders may sit in both the Crown and County
Courts;most begin in the Crown Court, although after about
2 years and further training, they may sit in the County
Courts; a Recorder must sit for at least 15 days a year
but not normally for more than 30 days
Appointed by: the queen on the recommendation of the Lord
Chancellor
Qualifications: the statutory qualification for appointment
as a Recorder is a 10-year Crown Court or 10-year County
Court qualification
The Judiciary
The Judiciary
Until 2005, the Lord chancellor was the key figure in the selection of superior judges.
The Chancellor’s Department kept secret files on all possible candidates, including existing judges opinions on their suitability.
When there was a vacancy in one of the superior courts, the Lord Chancellor would invite a judge based on the information in the departments file.
This ‘secret’ system was heavily criticised, and was improved through open advertisements from 1998. However, the Lord Chancellor still chose the most suitable candidate.
As the Lord Chancellors role is primarily political it was felt that judicial appointment could not be kept independent from political influence.
The method of appointment was changed by the Constitutional Reform Act 2005, and a Judicial Appointments Commission created to deal with the selection of judges
The Judiciary
The Judicial Appointments Committee
Responsible for the appointment of between 500 and 700 judges each year.
There are 15 members of the Commission including:
• 6 lay members
• 5 judges (3 from CofA or HC, plus 1 Circuit Judge and 1 District Judge)
• 1 barrister
• 1 solicitor
• 1 magistrate
• 1 tribunal member
The Judiciary
Judicial Qualities
The Commission has listed five qualities that are desirable for a good judge:
• Intellectual capacity
• personal qualities including integrity, independence of mind, sound judgement, decisiveness, objectivity and willingness to learn
• ability to understand and deal fairly
• authority and communication skills
• efficiency
The Process
• Positions are advertised widely in newspapers, legal journals and online
• Application form including nomination of 3-6 referees
• Lower level posts require an essay or case study
• Interview. Including role play or formal structured discussion task
• Selections made and recommended to the Lord Chancellor for appointment
The Judiciary
Law Lords
• Appointments not made by Judicial Appointments Commission
• Lord Chancellor draws up a shortlist of potential candidates.
• Prime Minister selects and nominates to the Queen
The Judiciary
Training
Training of Judges is carried out by “Judicial Studies Board” – set up in 1979
Most of the training is focussed at the lower end of the judicial scale – aimed at recorders
Once a ‘lawyer’ has been appointed as a recorder in training they go on a 1 week course, then shadow an experienced judge for a week.
The Judiciary
Criticisms
Very short training process
Even if all are experienced lawyers, does not mean have the experience of summing up to jury or sentencing
No compulsory training given to new High Court Judges, although invited to attend course
The Judiciary
Human Awareness Training
1993 – Judicial Studies Board recommended that training should include racial awareness courses.
This was accepted by the Lord Chancellor, and now also includes training in gender awareness and disability issues.
Example – trained that asking a non-Christian for Christian name can be seen as offensive
The Judiciary
Should there be a career Judiciary?
In many continental countries becoming a judge is a career choice, made by students once they have their basic legal qualifications.
They usually do not practice as a ‘lawyer’ first.
Once qualified they will sit in junior posts and work their way up the judicial ladder.
The Judiciary
The two main advantages of this system are:
1) The average age of judges is much lower, especially in the bottom ranks
2) Judges have had far more training in the specific skills they need as judges
The main disadvantage is that judges may be seen as too closely linked to the government. In this country judges are generally considered as independent from the government
The Judiciary
Termination
A judge’s appointment can be terminated in four
different
ways:
• resignation
• retirement
• removal due to infirmity
• dismissal
The Judiciary
Resignation
Judges may resign at any time. This has been used
in the past as a way of getting rid of judges
without having to dismiss them, by giving them an
opportunity to resign instead.
The Judiciary
Retirement
The usual retirement age for judges is 70, as
required by the Judicial Pensions and Retirement
Act 1993.
In some circumstances, authorisation can be given
for a judge to continue beyond that age
The Judiciary
Removal due to infirmity
This method is used if a judge is incapacitated,
usually through ill health, and is unable to
resign.
The Judiciary
Dismissal
Judges are given security of tenure during good
behaviour.
Following the Act of Settlement 1700, the Law
Lords, Lords Justices of Appeal and High Court
Judges can only be removed by the queen on the
petition of both Houses of Parliament.
Circuit Judges and other judges can be removed by
the Lord Chancellor for incapacity or
misbehaviour.
The Judiciary
Judge Court(s) Tenure
Lords of Appeal in Ordinary
House of Lords ‘whilst of good behaviour’
Lord Justices of Appeal Court of Appeal ‘whilst of good behaviour’
High Court Judges High Court
Crown Court for serious cases
‘whilst of good behaviour’
Circuit Judges Crown Court
County Court
Can be dismissed by Lord Chancellor for incapacity or misbehaviour
District Judges County Court
Magistrates Court
Can be dismissed by Lord Chancellor
Recorders Crown Court
Come in County Court
Appointed for 5 years, Lord Chancellor can decide whether to re-appoint
The Judiciary
Judicial independence
Great weight is given to the notion of judicial
independence, and it is central to the theory of
the separation of powers. The idea behind it is
simple, namely that judges should operate free
from pressure, whether it be applied by the
government, political parties or anyone else.
Without pressure, judges are free to make
independent and impartial decisions, without fear
of reprisal.
The Judiciary
Measures to ensure judicial independence
1. Security of tenure
2. Legal action against judges
3. Judicial salaries
4. Unable to take part in party politics
The Judiciary
Security of tenure
It is very difficult to dismiss a member of the
judiciary. This is to ensure that he or she acts
without fear of losing his or her job at the
hands of the government or other bodies.
The Judiciary
Legal action against judges
Judges cannot be sued for anything done in their
judicial role.
The Judiciary
Judicial salaries
These are paid out of the consolidated fund and
are not voted upon by Parliament, so judges will
not be tempted to find in favour of the
government in order to secure a pay rise.
Equally, judges can act without fear of a wage
cut if they make unpopular decisions.
The Judiciary