Judiciary

Judiciary

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

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