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The Judiciary by zhangyun

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									The Judiciary




          Judges
The Judiciary

    Introduction to judges
          • types of judge
The Judiciary

          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


  Selection of Judges
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 Judiciary

                     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
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        House of Lords            ‘whilst of good behaviour’
Ordinary

Lord Justices of Appeal   Court of Appeal           ‘whilst of good behaviour’


High Court Judges         High Court                ‘whilst of good behaviour’
                          Crown Court for serious
                          cases
Circuit Judges            Crown Court               Can be dismissed by Lord
                          County Court              Chancellor for incapacity or
                                                    misbehaviour
District Judges           County Court              Can be dismissed by Lord
                          Magistrates Court         Chancellor

Recorders                 Crown Court               Appointed for 5 years, Lord
                          Come in County Court      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

       Unable to take part in
          party politics
  Full-time judges must refrain from active political
  involvement.

								
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