2 Introduction to judges The JudiciaryIntroduction to judgestypes of judge
3 The Judiciary Types of judge Law Lords Judges in the Court of Appeal High Court JudgesCircuit JudgesDistrict JudgesDistrict Judges (Magistrates’ Court)Recorders (part-time judges)
4 The Judiciary Law Lords Title: Lords of Appeal in Ordinary/Law Lords Number: 12Court: House of Lords and Privy CouncilAppointed by: the queen on recommendation of the prime minister, who has been advised by the Lord ChancellorQualifications: 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
5 Judges in the Court of Appeal The JudiciaryJudges in the Court of AppealTitle: Lord and Lady Justices of AppealNumber: 37Court: Court of AppealAppointed 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 judiciaryQualifications: 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
6 The Judiciary High Court Judges Title: Mr or Mrs Justice (Surname) Number: 112Court: High Court and serious cases in Crown CourtAppointed 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.
7 The Judiciary Circuit Judges Number: 636 and 42 Deputy Circuit Judges who sit part time in retirementCourt: 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 casesAppointed by: the queen on the recommendation of the Lord ChancellorQualifications: 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
8 The Judiciary District Judges Number: 412, and 744 Deputy District JudgesCourt: 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 WalesAppointed by: the Lord ChancellorQualifications: 7-year general qualification
9 District Judges (Magistrates’ Court) The JudiciaryDistrict 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 magistratesAppointed by: the Lord ChancellorQualifications: 7-year general qualification
10 Recorders (part-time judges) The JudiciaryRecorders (part-time judges)Number: 1,404Court: 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 daysAppointed by: the queen on the recommendation of the Lord ChancellorQualifications: the statutory qualification for appointment as a Recorder is a 10-year Crown Court or 10-year County Court qualification
12 The JudiciaryUntil 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 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
13 The Judicial Appointments Committee The JudiciaryThe Judicial Appointments CommitteeResponsible for the appointment of between 500 and 700 judges each year.There are 15 members of the Commission including:6 lay members5 judges (3 from CofA or HC, plus 1 Circuit Judge and 1 District Judge)1 barrister1 solicitor1 magistrate1 tribunal member
14 The Judiciary Judicial Qualities The Commission has listed five qualities that are desirable for a good judge:Intellectual capacitypersonal qualities including integrity, independence of mind, sound judgement, decisiveness, objectivity and willingness to learnability to understand and deal fairlyauthority and communication skillsefficiency
15 The Judiciary The Process Positions are advertised widely in newspapers, legal journals and onlineApplication form including nomination of 3-6 refereesLower level posts require an essay or case studyInterview. Including role play or formal structured discussion taskSelections made and recommended to the Lord Chancellor for appointment
16 The Judiciary Law Lords Appointments not made by Judicial Appointments CommissionLord Chancellor draws up a shortlist of potential candidates.Prime Minister selects and nominates to the Queen
18 Training The Judiciary Training of Judges is carried out by “Judicial Studies Board” – set up in 1979Most of the training is focussed at the lower end of the judicial scale – aimed at recordersOnce 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.
19 Criticisms The Judiciary Very short training process Even if all are experienced lawyers, does not mean have the experience of summing up to jury or sentencingNo compulsory training given to new High Court Judges, although invited to attend course
20 Human Awareness Training The JudiciaryHuman Awareness Training1993 – 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
21 Should there be a career Judiciary? The JudiciaryShould 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.
22 The Judiciary The two main advantages of this system are: The average age of judges is much lower, especially in the bottom ranksJudges have had far more training in the specific skills they need as judgesThe 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
23 The Judiciary Termination A judge’s appointment can be terminated in four differentways:resignationretirementremoval due to infirmitydismissal
24 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.
25 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
26 Removal due to infirmity The JudiciaryRemoval due to infirmityThis method is used if a judge is incapacitated, usually through ill health, and is unable to resign.
27 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.
28 The Judiciary Judge Court(s) Tenure Lords of Appeal in Ordinary House of Lords‘whilst of good behaviour’Lord Justices of AppealCourt of AppealHigh Court JudgesHigh CourtCrown Court for serious casesCircuit JudgesCrown CourtCounty CourtCan be dismissed by Lord Chancellor for incapacity or misbehaviourDistrict JudgesMagistrates CourtCan be dismissed by Lord ChancellorRecordersCome in County CourtAppointed for 5 years, Lord Chancellor can decide whether to re-appoint
29 Judicial independence The JudiciaryJudicial independenceGreat 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.
30 Measures to ensure judicial independence The JudiciaryMeasures to ensure judicial independenceSecurity of tenureLegal action against judgesJudicial salariesUnable to take part in party politics
31 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.
32 Legal action against judges The JudiciaryLegal action against judgesJudges cannot be sued for anything done in their judicial role.
33 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.
34 Unable to take part in party politics The JudiciaryUnable to take part inparty politicsFull-time judges must refrain from active politicalinvolvement.