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Judges - Coggle Diagram
Judges
Qualifications
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S.71 Courts and Legal Services Act 1990 as amended by the Tribunals, Courts and Enforcement Act 2007
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Supreme Court Judge
Usually High judicial office for at least 2 years (High Court or CoA). Alternatively, solicitor (with advocacy certificate) or barrister of the senior courts of England and Wales, for at least 15 years;
Court of Appeal Judge
Must have been a High Court Judge, must have 7 years post qualification experience as a solicitor or barrister.
High Court Judge
Circuit Judge for at least two years OR have a least 7 years' post-qualification experience as a barrister or solicitor (in practice most successful applicants have far more). Most High Court judges are barristers
Circuit judges
Minimum post qualification experience 7 years as a barrister or solicitor and will normally have served as a recorder (criminal side) or district judge (civil side) first.
Recorders
To apply to be a recorder you must have been qualified as a solicitor or barrister for at least seven years, Traditionally, becoming a recorder was the first step on the judicial ladder for barristers, while solicitors tended to become district judges. The Judicial Appointment Commission has been working fervently in recent years to break down this divide – both solicitors and barristers can apply for the role, and the post-qualification experience required was lowered from ten years to seven in 2008
District Judge + DJ (MC)
Minimum 5 years post qualification experience as a barrister, solicitor or legal executive.
role
Judges play a central role in the English Legal System, the importance of an independent judiciary was emphasized in Montesquieu’s theory on the ‘Separation of Power’ and by is a key feature of the Rule of Law explained by Dicey in 1885 and more recently by Lord Bingham.
Judges are expected to be able to provide a judgement in an impartial manner, applying the law strictly without allowing their personal preferences to influence their their decisions.
They play a vital role in controlling the exercise of power by the state. They do this via the procedure known as Judicial Review which takes place within the Administrative Court which is part of the High Court.
The passing of the HRA 1998 has significantly increased the power of the judiciary to control the work of Parliament and the executive (Government). According to s.3 HRA they are obliged to interpret national law ‘in so far as it is possible to do so, in line with the ECHR’ and if they can’t do this, under s.4 they can issue a declaration of incompatibility where this isn’t possible as seen in A v Secretary of State for the Home Department (Belmarsh Case) - 2004 - where they declared that Part 4 of the Anti-Terrorism Crime and Security Act 2001 wasn’t compatible with Art 5 ECHR which led to changes.
Superior judges in the CA, CoA and High Court play an important appellate role. The SC only hears appeals on points of law of general public importance and they must give ‘leave’ to appeal, so very few appeals make it this far, .
In Crown Court trials the judge acts as a master of law and the jury are the masters of fact. The judge directs the jury on points of law, keeps order in the court and passes sentence if the jury find the D guilty with reference to pre-sentence reports by the Probation Service and the Sentencing Council Guidelines. If the D is found not guilty by the jury, the judge will acquit them
retirement and removal
As a result of the Judicial Pensions and Retirement Act 1993 all judges have to retire at 70, though the Lord Chancellor may give authorization for senior judges to sit part time until they are 75
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the Lord Chancellor can ‘declare vacant’ the office (get rid of) any judge who is incapable of carrying out his duties and resigning by reason of ill health
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Lord Chief Justice can suspend a judge if they are subject to criminal proceedings, but the Lord Chancellor must agree
training
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New inferior judges (Crown, County and Magistrates’ Court) are assigned an experienced judge to act as a mentor and support them at the start of their judicial career
When senior judges (High Court, CoA and SC) are appointed they have to attend an induction programmed for that level
Professional Education is provided by residential courses, e-learning, short courses etc. All judges received training on the implications of the HRA 1998 before it was formally introduced in October 2000.
Judges also receive training in human awareness, including gender, racial and disability issues. The training also explores the perception of unrepresented parties , witnesses, jurors, victims and their families - it is designed to help judges to be more aware of other people's viewpoints
selection
pre 2005
Until the introduction of the Constitutional Reform Act 2005 the Lord Chancellor (a senior member of the Government) was the head of the judiciary. This was controversial as the LC is a political appointee (a member of the Government) so his role was in conflict with the theory on the Separation of Powers (Montesquieu) and the rule of law as the judges are meant to be independent from the executive (Government). The LC also played a key role in the appointment of the judiciary.
His role could clearly amount to a conflict of interest. Article 6 ECHR states we have the right to a fair trial, this includes the right to a trial before an independent and impartial court/tribunal. If judges are appointed by a member of the Government, this could amount to a conflict of interests
Furthermore before 2005, the most senior judges, those in the court the House of Lords, also held a position within the House of Lords in Parliament. Although by convention they didn’t vote on controversial issues there was clearly a potential conflict of interest.
The old appointments process was dominated by politicians, secretive and discriminatory. It wasn’t open and transparent, this led judges from a narrow social and gender class being appointed
Following the introduction of the Human Rights Act in 1998 and the need to ensure that justice is fair, the Constitutional Reform Act 2005 was introduced.
This Act radically reformed the way judges are appointed and it also led to the creation of a new court, the Supreme Court in 2009 moving the most senior judges out of the House of Lords and further promoting their independence.
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The judiciary
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The judiciary are divided into ‘inferior’ judges (those who work in the lower courts) and ‘superior’ judges (those who work in the High Court and above).
Regardless of the court in which they work all judges must make legal decisions in a fair and unbiased way, this ensures compliance with Article 6 ECHR - the right to a fair trial and the rules of natural justice.
Who can apply?
Judicial appointments are open to UK, Republic of Ireland or a Commonwealth Country’s citizens.
No lower age limit, but applicants must be under 70 on application as this is the statutory retirement age and applicants should be able to offer a ‘reasonable length of service’ – usually at least 5 years.
Most judicial posts require relevant post qualification experience of 5, 7 or 15 years depending on the position applied for - so most applicants are solicitors/barristers.
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