The Judiciary

Anotações:

• Qualification requirements are set out in the Tribunal, Court and Enforcement Act 2007.

1. Justice of the Supreme Court
   1. They hear appeals (usually civil) involving a point of law.
   2. They sit as an uneven number, usually 5 to 7 (min is 3).
   3. Their decisions become precedent to all courts.
   4. Must be of High Judicial Office for at least 15 years
2. Lord Justice of Appeal
   1. Their workload is much heavier than SC's, so HC judge(s) often form part of the panel of 3
   2. 1 judge deals with applications for leave to appeal (crim)
   3. For civil appeals liability or reward is awarded
   4. usually HC judge, or 7 b/s
3. High Court Judges
   1. Try first instance cases
   2. Decide law, amount of damages and which side has won
   3. They hear civil appeals from County Court and criminal appeals from Mags Court
   4. QBD Judges also hear crim trials in the Crown Court with a jury if on a point of law
   5. Circuit Judge for 2 yrs or 7 b/s
4. Circuit Judge
   1. Civil cases: In County Court they sit on their own and decide the law and facts
   2. Criminal cases: In Crown Court the jury decide the fact and they decide the law
   3. They decide the amount of damages/remedy/sentence
   4. existing Recorder, Dist J or Tribunal J or 7 b/s
5. Recorders: appted for 5 yrs, mainly in Crown Court but also help County too
6. District Judge (Mags' Court)
   1. Criminal cases - sit on their own and decide fact, law and sentence
   2. maybe family cases but with 2 lay mags
   3. Deputy DJ (who could previsouly been ILEX fellow) or 5 b/s

Anotações:

• Judicial qualities include intellectual, personal qualities, efficiency etc.

1. Before CRA 2005
   1. Lord Chancellor selected the superior judges and considered them in secret: This was criticised bc of political influence and bias towards white males
2. JAC
   1. 15 in total: 6 lay members, 3 CA/HC judges, 1 circuit and 1 district judges, 1 bar and 1 sol, a magistrate and a tribunal member
   2. Entirely responsible for assessing merit, recommending and selection
   3. Must consult with Lord Chief Justice and equv. judge before recommending
3. Selection below SC
   1. Advertised via media and roadshows and events for wider range
   2. 1. Candidates fill in the app form and nominate 3~6 referees 2. Publish list of ppl to consult with inlc. judges 3.JAC select them for interview by tests and paper sift - interview includes role play and discussions 4.Recommended to Lord Chan for appt
4. Selection of Justices of SC
   1. CRA 2005: When there is a vacancy, Lord Chan convene a SC Selection Commission
   2. SCSC: include President and Deputy President of SC, JAC members, JAB for Scot member
   3. The Commission decides the selection process and report selection to Lord Chan
   4. Lord Chan notifies PM and PM recommend to Queen for appt
5. Lord Chan can reject and ask to reconsider with reasons (once except SC)

1. 1 week course run by JSB for Recorders and shadowing for 1 week
   1. Criticised that this is very short and no experience and practice of tasks
2. Provide seminars and human awareness training (make judges more aware of unintentional discrimination and the people's perspection
3. In Europe there is training for judges: Adv is average age id lower bc in UK Recorders are 30~40 and HC 40~50 Disadv is that it is seen as too closely linked to Govt as they are civil servants
4. Attitiudes to training considerably changed over 20 years: insulting -> fully accepted

1. Superior Judges
   1. cannot be dismissed by Govt "during good beh"

      Anotações:

      • Set out in SC Act 1981 for HC and CA judges and CRA 2005 for SC
   2. this security of tenure allows them to be independent from political interference
   3. Lord Chan (aft consultation with LCJ) declares vancant the office of incapable j/ who is considering resignation -> this can be used to pressure them to resign e.g. if criticism,s LC asked to resign
2. Inferior Judges
   1. Lord Chan can dismiss for incapacity/misbeh ex. Bruce Campbell (Circuit J) convicted of evading customs duty on cigarettes and whisky
   2. LCJ can suspend if crim proceedings or convicted (CRA 2005)
      1. Both have to get consent from each other
   3. Complaints investigated by Office for Judicial Complaints and if upheld, LC and LCJ can advise, warn or remove for misconduct

1. Independence from Leg
   1. Full-time Js sit X in Parlt
   2. HL became SC in 2009 to separate Jud from Leg
2. Independence form Exec
   1. Superior judges dismissed X by Govt
   2. CRA 2005 s3: Lord Chan influenceX J's decision
3. Freedom from pressure
   1. 1. Financial Independence: payment from consolidated fund
      1. 2. Sirros v Moore: suedX for decisions
         1. 3. Security of tenure
4. Independence from political bias
   1. -_- GCHQ case: Upheld Min's right to withdraw TU membership from civil servant
   2. ^o^ DPP v Hutchinson: Ruled Min exceeded his powers in framing byelaw
      1. ^o^ R v Sec St of Home Dept: Upheld that Home Sec's power -_-
5. Independence from case
   1. The Pinochet case: one of the Js director of a charity, so retried