Silence in this Lecture

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Silence in this Lecture

• Switch OFF mobile telephones
• Take notes
• If you wish to ask a question raise your hand

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The Judges
Generally Judges are either barristers or
solicitors, but the Courts and Legal Services Act
1990 does enable appointment of academic lawyers.
Lord Chancellors Department involved in all
appointments.
Judges chosen from among practitioners and do not
have a trained career path.
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Two Types of Judges
Inferior Judges
These are all Judges below those that serve in
the High Court.
Posts are advertised Lord Chancellor appoints.
Superior Judges
All judges who serve in the High Court and above
Lord Chancellor invites and appoints.
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District Judges
Often former solicitors with at least seven
years practice.
Sit in the County Court
Woolf reforms resulted in more DJs being
appointed
Vacancies advertised - Appointed by the Crown on
the recommendations of The Lord Chancellor
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Assistant Recorders and Recorders
Part-time judges who sit in the Crown Court
Must have been in practice for at least seven
years Appointment renewed every three years
Lord Chancellor appoints
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Circuit Judges
Sit in County Courts or Crown Court
Appointed from Solicitors or Barristers At least
10 years experience
Deal with more difficult or important cases
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High Court Judges
Appointed from advocates of at least 10 years
experience
Sit in High Court, Crown Court for very serious
offences, also Divisional Court to hear appeals
Appointed by Crown after PMs recommendation - on
advice from the Lord Chancellor
Knighted on appointment
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Lord Justices of Appeal
Sit in the Court of Appeal and Divisional Court
Usually appointed from among High Court Judges,
but can be appointed from among practitioners
with fifteen years experience
Appointed by Crown after PMs recommendation - on
advice from the Lord Chancellor
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Lords of Appeal in Ordinary
Usually appointed from among Lords Justices of
Appeal, but can be appointed from among
practitioners with fifteen years experience
Appointed by the Crown on PMs recommendation
Sit in the Judicial Committee of the H of L and
Privy Council
Made Life Peers on Appointment
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Practical Task
Visit the below site and find the current post
holders
www.open.gov.uk/lcd/judicial/judgesfr.htm
For salary details and further information
www.open.gov.uk/lcd/
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Removal from Office
All Judges now retire at 70
District Judges, recorders and circuit judges can
be dismissed by the Lord Chancellor for
incapacity or misbehaviour
High Court Judges, Lord Justices of Appeal and
Lords of Appeal can only be removed from office
at the request of both Houses of Parliament (only
happened once)
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Role of the Judge in a Criminal Trial
Primary duty - To ensure a fair trial
This is done by following the rules of evidence
and procedure - which ensure that each party has
its case heard and is not allowed to act unfairly
In criminal trials cases are adversarial with
proof beyond reasonable doubt
Must ensure that any jury understands the
evidence. Judge only deals with points of law
and will determine any sentence if D is found
guilty.
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Role of the Judge in a Civil Case
Less adversarial since the Woolf Reforms
Judges now have to be active in managing cases
agree timetable etc
Judges must encourage alternative dispute
resolution
Judge hears the case and decides whose evidence
is most compelling applying the law to the facts
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Role of the Judge in any Appeal Case
In Appeal Cases, Judges do not usually have to
concern themselves with issues of fact
They interpret the law and decide whether the
trial judge got the law right and applied it
correctly to the facts
They may also have to decide if the sentence or
award was appropriate
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Training and quality control
Judicial Studies Board provides training for all
new judges
Recent Training on IT, ECHR
Quality control very limited Lord Chancellor
keeps records C of A may occasionally criticise
a judge
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Lord Chancellor
Carries out three different functions

• Sits in the Cabinet

• Sits in the House of Lords

• Sits in the Lords as a Judge

It seems probable that a ECHR challenge, on
grounds of a conflict of interests and a denial
of the separation of powers, could result in a
change to these powers
There has been proposals to replace the Lord
Chancellors role in appointments with a
committee of some kind
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Practical Task
Explain the role of The Judicial Studies Board in
relation to the training of Judges.
www.jsboard.co.uk
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The Lord Chief Justice
Heads the criminal court system, sitting in Court
of Appeal (Criminal Division) and in the
Divisional Court of the Queens Bench
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The Vice-Chancellor
Actual Head of the Chancery Division also
responsible for the civil justice system
Who is the nominal head of the Chancery Division?
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Master of the Rolls
Heads the Court of Appeal (Civil Division)
Also nominal Head of the solicitors profession
Rolls being a list of solicitors entitled to
practice
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Judicial Independence
Must be free from political bias
Must not have a personal interest in a case
example of the Pinochet Case and Lord Hoffman
Should be free from financial pressures
Have absolute privilege in Court for anything
they say so they cannot be sued
Powers in relation to Contempt of Court
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Break into Law Firms
Do the tasks on page 186 of AS Law in
relation to the Judiciary.
For Homework do the following essay Describe
the ways in which Judges are appointed, selected
and trained.