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Chapter 16: The judiciary (16.5 Independence of the judiciary (16.5.4…
Chapter 16: The judiciary
16.5 Independence of the judiciary
16.5.1 Security of tenure of superior judges
They cannot be dismissed by government which is set out in the Senior Courts Act 1981 and the Constitutional Reform Act 2005. this means they can only be removed by the monarch following a petition presented by both Houses of Parliament.
16.5.2 Tenure of inferior judges
The Lord Chancellor with the consent of the Lord Chief Justice has the power to dismiss inferior judges for incapacity or misbehaviour.
16.5.3 Immunity from suit
Judges are given immunity from prosecution for any acts they carry out in performance of their judicial function. They also have immunity from being sued in civil cases as well which was confirmed in
Sirros v Moore 1975
. This allows judges to perform his duties without the fear of repercussions cussions.
16.5.4 Independence from the executive
Superior judges cannot be dismissed by the government and in this way they can be truly be independent of the government they can make decisions which may displease government without the threat of dismissal.
Independence from the legislature - judges generally not involved in law making. Full time judges are not allowed to be part of the House of Commons although for part time judges and recorders it is not as strict.
16.5.5 Independence from case
Judges must not try a case where they have an interest in the issue involved. The
Pinochet case in 1998
reinforced this rule. judges must be completely impartial when making decisions.
16.7 Advantages of judicial independance
Protects citizens against unlawful acts of government
Public confidence
Ensures fairness in all cases
16.2 Types of judges
16.2.1 Superior judges
Justices of the Supreme Court
Hear 100 cases a year which are appeals and can be civil or criminal cases. A case can only be appealed if there is a point of law involved. Any decision made in the Supreme Court becomes a precedent for all lower courts.
Lord Justices of Appeal
Sit in both civil and criminal courts. they hear 7000 leave to appeals against sentence or conviction and these are dealt with by only one judge. They normally sit as a panel of three decisions Radeon points of law then become precedent for all courts below them.
High Court Judges
The main role is to try cases of first instance judges will sit by themselves for these cases. They also hear some appeals mainly from civil cases in the County Court.
16.2.2 Inferior judges
Circuit Judges
Sit in the County Court to hear civil cases and the Crown Court to try criminal cases. In a criminal case they will sit with a jury they will decide the facts and the judge will decide the law, if the jury come back with a guilty verdict then the judge will decide the sentence.
Recorders - part time
Appointed for a period of five years - mainly used in the the Crown Court to try criminal cases, but some sit in the County Court to decide civil cases.
District Judges
Sit in the County Court to deal with small claims cases.
District Judges - Magistrates' Court
Try criminal cases in the Magistrates' Court, the sit on their own and decide the facts and the law they will also need to decide the sentence if the defendant is found guilty.
Tribunal judges
16.3 Qualifications, selection and appointment
16.3.1 Qualifications
Set out in the Courts and Legal Services Act 1990and was amended in the Tribunals, Courts and Enforcement Act 2007 the qualifications are based on legal qualifications and legal experience.
16.3.2 Selection
Before 2005 the superior judges were chosen by the lord chancellor but that meant that selection of judges were not independent from political influence but now from the Constitutional Reform Act 2005 It was decided that the Judicial Appointments Commission would deal with the selection and then recommend to the Lord Chancellor who should be appointed.
16.3.3 Appointment
Once a candidate has been selected the appointment is made by the queen this keeps it separate from government.
16.6 Reasons for judicial independance
Judicial independence is needed to protect the liberty of the individual and for judges to be a able to act without pressure and without fear of repercussions.