Zusammenfassung der Ressource
Judiciary
- Tribunal Courts and
Enforcement Act 2007
- For some levels of judge, the act has
opened up some judicial posts,
including: - Patent and trademark
Attorneys - ILEX
- To become a judge it is necessary
to have the relevant legal
qualification. - Barrister - Solicitor.
- Widened the ways in which applicants may
have gained experience, to include: -
Practicing law -Teaching law. - Advising on law
- Being an arbitrator or mediator.
- the act also reduced length
of time that a person has to
work in law in order to apply
to become a judge. -Lower
posts are 5 years (used to be
7). -Higher posts are now 7
years (use to be 10).
- Qualification
- Justices of the SC
- Usually appointed from among
Lords Justices of Appeal
- 2 years high judicial
- 15 years HC qualified
- Made Life Peers on appointment.
- Circuit Judge
- Have been a Recorder, DJ or
Chairman of Employment
tribunal for 3 years.
- At least 7 years rights of
audience experience.
- 18% formerly solicitors
- Part and full time recorders
- Approx. 900 Rec. &
500 P-T. 85% Barrs.,
15% Soli.
- PT = 20 days a year
- Must have been
qualified as a Bar. or
Sol. for at least 7 years.
- Lord Justice of Appeal
- HCJ's
- In 2007, the first solicitor Lord
Justices of Appeal was appointed.
He now sits in the SC
- Legal qualif. 7 years.
- District
Judge
- sol or B for 5 years
- under the Tribunals courts and
Enforcement Act 2007; ILEX are also
eligible (5 years post-qual. exp.)
- High Court Judges
- Solicitors and academic
lawyers can be appointed -
Like Brenda Hale (in SC).
- 3 solicitors appointed
since Courts and Legal
Services Act 1990.
- Judicial Appointments Commission
- Started work in April 2006.
- Responsible for selecting between
500-700 people for appointment to
judicial posts (p/a)
- Made up of 15 members, these are: 6 lay
members, 5 judges [3CoA, 1CJ, 1DJ], 1 barrister,
1 solicitor, 1 mag, 1 tribunal member.
- Crime and Courts Bill 2012-13
- has provision to transfer the Lord
cHancellors power in respect of inferior
judges to the Lord Chief Justice.
- The commission have listed 5
qualities desirable for a good judge:
- + Intellectual
capacity
- + personal qualities:
integrity, independence of
mind, sound judgement,
decisiveness, objectivity,
willingness to learn.
- + ability to understand
and deal fairly.
- + Authority and
communication
skills.
- + Efficiency.
- Created following
Constitutional
Reform Act 2005
- Removed LC being able to
select the serious judges
- Application Process
- 1.Advertised in
newspapers, legal
journals and online.
- 2. Commission
run roadshows
and outreach
events.
- 3. Candidates fill in
application form.
- 4. Nominate 3-6 referees.
- 5. Commission have also
published people they
may ask about
candidates.
- 6. Lower levels may be
asked to write an
essay or a case study.
- 7. Best are then selcted for
interviews: -role play
-formal structured
discussion
- 8. After the interview, the
est will be recommended
for appointment to the LC.
- 9. first advertised in 2006,
there were 129 applicants,
18 were women - they were
all white.
- 10. In 2010 there werre 90
applicants, 15 were F (2 recc
for app), 6 were EMinorities
(2 recc for app).
- How to become a
justice of the SC
- Became SC in 2009 instead of
HoL. process for selecting new
applicant.
- set out in Part 3 of
Constitutional Reform
Act 2005.
- s.29 of Constitutional
Reform Act 2005
- can reject or ask them to reconsider
ONLY if of the opinion that the person
selected is not suitable and there's
evidence they're not the most suitable
based on merit.
- PM is told
- Work
- Justices of the SC
- Hear around 70 cases a year.
- Appeals to
the civ. and
crim
- Only if on PoL.
- Minimum of 3
although 5-7
normally sit.
- Any decisions
become precedent.
- Lord Justices of Appeal
- 30 of them
- Sit in criminal and civil
- Crim:7000 apps
(1J), 1,500 full
appeals.
- Civil = 1,000 appeals
- Usually sit as panel of 3.
- 2HCJ may join a
LJoA due to the
high workload.
- High Court Judges
- 73QBD, 18Chanc, 19Fam
- Main function's to try cases
"cases at first instance". hear
evidence, decide law and
make a decision.
- Also hear some appeals
- If appeals 2/3/ sit.
- District Judges (County)
- In County, deal with small-claims
(claims under £10,000)
- Over 400
- Can hear cases of higher amounts.
- District Judges (Mags)
- Criminal cases in Mags
Sit in their own
- Also decide
sentence if
found G or
plead G.
- Circuit Judges
- County = civ
Crown = crim
- Over 600
- Sit as one in
civ Sit with
jury in crim.
- Recorders
- Part-time appointed for 5 years.
- Can sit in County too
if appropriate.
- Training
- Judicial Studies Board
- Appointed as Rec in training
- One week course run by JSB
- Shadow for one week
- Sit to hear cases, one day courses available.
- Judicial College
- Knowledge of the body of
the law and rule of
evidence and procedure.
- Acquiring judicial skills
and improving on them
- Social context of judiciary
- Cons
- Training's very short.
- experience, even as a
lawyer, doesn't train
you for summing up
to jury, or sentencing.
- Some Recorders will not
have practised as lawyers
in criminal courts.
- No compulsory
training for new
HCJ's.
- Pros
- Courses made available to all;
HCJ's "invited to attend" by
Judicial Studies Board.
- Attitudes to training are more positive.
- Human awareness training [re:
race, discrimination, gender,
disability and other views.]
- All judges can attend available one day sessions.