Judges

The Judiciary

Introduction to judges

• types of judge

The Judiciary

Types of judge

• Law Lords

• Judges in the Court of Appeal

• High Court Judges

• Circuit Judges

• District Judges

• District Judges (Magistrates’ Court)

• Recorders (part-time judges)

The Judiciary

Law Lords

Title: Lords of Appeal in Ordinary/Law Lords

Number: 12

Court: House of Lords and Privy Council

Appointed by: the queen on recommendation of the

prime minister, who has been advised by the Lord

Chancellor

Qualifications: appointed from those who hold high

judicial office, e.g. a judge in the Court of

Appeal, or from those with 15 years’ experience of

supreme courts

The Judiciary

Judges in the Court of Appeal

Title: Lord and Lady Justices of Appeal

Number: 37

Court: Court of Appeal

Appointed by: the queen on recommendation of the prime

minister, who has been advised by the Lord Chancellor;

the Lord Chancellor will have consulted senior members

of the judiciary

Qualifications: the statutory qualification is a 10-year

High Court qualification or being a High Court Judge;

most Court of Appeal judges are promoted from the ranks

of experienced High Court Judges

The Judiciary

High Court Judges

Title: Mr or Mrs Justice (Surname)

Number: 112

Court: High Court and serious cases in Crown Court

Appointed by: the queen on advice from Lord

Chancellor.

Qualifications: they must have a right of audience in

relation to all proceedings in the High Court for 10

years, or have been a Circuit Judge for at least 2

years; once appointed, they are assigned to a

Division of the High Court — the Chancery Division,

the Queen's Bench Division, or the Family Division.

The Judiciary

Circuit Judges

Number: 636 and 42 Deputy Circuit Judges who sit part

time in retirement

Court: Circuit Judges are assigned to a particular

circuit and may sit at any of the Crown and County

Courts on that circuit; they can hear both criminal and

civil cases

Appointed by: the queen on the recommendation of the Lord

Chancellor

Qualifications: 10-year Crown Court or 10-year County

Court qualification or to be the holder of one of a

number of other judicial offices for at least 3 years

The Judiciary

District Judges

Number: 412, and 744 Deputy District Judges

Court: on appointment, a District Judge is

assigned to a particular circuit and may sit at

any of the County Courts or District Registries

of the High Court in that circuit; a District

Registry is part of the High Court, situated in

various places in England and Wales

Appointed by: the Lord Chancellor

Qualifications: 7-year general qualification

The Judiciary

District Judges (Magistrates’ Court)

Number: 128, and 167 Deputy District Judges

(Magistrates’ Court)

Court: District Judges (Magistrates’ Court) hear

cases in Magistrates’ Courts; they are paid and

deal with the full range of cases and usually hear

the longest and most complicated cases; they can

either sit alone or with lay magistrates

Appointed by: the Lord Chancellor

Qualifications: 7-year general qualification

The Judiciary

Recorders (part-time judges)Number: 1,404

Court: Recorders may sit in both the Crown and County

Courts;most begin in the Crown Court, although after about

2 years and further training, they may sit in the County

Courts; a Recorder must sit for at least 15 days a year

but not normally for more than 30 days

Appointed by: the queen on the recommendation of the Lord

Chancellor

Qualifications: the statutory qualification for appointment

as a Recorder is a 10-year Crown Court or 10-year County

Court qualification

The Judiciary

The Judiciary

Selection of Judges

The Judiciary

Until 2005, the Lord chancellor was the key figure in the selection of superior judges.

The Chancellor’s Department kept secret files on all possible candidates, including existing judges opinions on their suitability.

When there was a vacancy in one of the superior courts, the Lord Chancellor would invite a judge based on the information in the departments file.

This ‘secret’ system was heavily criticised, and was improved through open advertisements from 1998. However, the Lord Chancellor still chose the most suitable candidate.

As the Lord Chancellors role is primarily political it was felt that judicial appointment could not be kept independent from political influence.

The method of appointment was changed by the Constitutional Reform Act 2005, and a Judicial Appointments Commission created to deal with the selection of judges

The Judiciary

The Judicial Appointments Committee

Responsible for the appointment of between 500 and 700 judges each year.

There are 15 members of the Commission including:

• 6 lay members

• 5 judges (3 from CofA or HC, plus 1 Circuit Judge and 1 District Judge)

• 1 barrister

• 1 solicitor

• 1 magistrate

• 1 tribunal member

The Judiciary

Judicial Qualities

The Commission has listed five qualities that are desirable for a good judge:

• Intellectual capacity

• personal qualities including integrity, independence of mind, sound judgement, decisiveness, objectivity and willingness to learn

• ability to understand and deal fairly

• authority and communication skills

• efficiency

The Process

• Positions are advertised widely in newspapers, legal journals and online

• Application form including nomination of 3-6 referees

• Lower level posts require an essay or case study

• Interview. Including role play or formal structured discussion task

• Selections made and recommended to the Lord Chancellor for appointment

The Judiciary

Law Lords

• Appointments not made by Judicial Appointments Commission

• Lord Chancellor draws up a shortlist of potential candidates.

• Prime Minister selects and nominates to the Queen

The Judiciary

Training

The Judiciary

Training

Training of Judges is carried out by “Judicial Studies Board” – set up in 1979

Most of the training is focussed at the lower end of the judicial scale – aimed at recorders

Once a ‘lawyer’ has been appointed as a recorder in training they go on a 1 week course, then shadow an experienced judge for a week.

The Judiciary

Criticisms

Very short training process

Even if all are experienced lawyers, does not mean have the experience of summing up to jury or sentencing

No compulsory training given to new High Court Judges, although invited to attend course

The Judiciary

Human Awareness Training

1993 – Judicial Studies Board recommended that training should include racial awareness courses.

This was accepted by the Lord Chancellor, and now also includes training in gender awareness and disability issues.

Example – trained that asking a non-Christian for Christian name can be seen as offensive

The Judiciary

Should there be a career Judiciary?

In many continental countries becoming a judge is a career choice, made by students once they have their basic legal qualifications.

They usually do not practice as a ‘lawyer’ first.

Once qualified they will sit in junior posts and work their way up the judicial ladder.

The Judiciary

The two main advantages of this system are:

1) The average age of judges is much lower, especially in the bottom ranks

2) Judges have had far more training in the specific skills they need as judges

The main disadvantage is that judges may be seen as too closely linked to the government. In this country judges are generally considered as independent from the government

The Judiciary

Termination

A judge’s appointment can be terminated in four

different

ways:

• resignation

• retirement

• removal due to infirmity

• dismissal

The Judiciary

Resignation

Judges may resign at any time. This has been used

in the past as a way of getting rid of judges

without having to dismiss them, by giving them an

opportunity to resign instead.

The Judiciary

Retirement

The usual retirement age for judges is 70, as

required by the Judicial Pensions and Retirement

Act 1993.

In some circumstances, authorisation can be given

for a judge to continue beyond that age

The Judiciary

Removal due to infirmity

This method is used if a judge is incapacitated,

usually through ill health, and is unable to

resign.

The Judiciary

Dismissal

Judges are given security of tenure during good

behaviour.

Following the Act of Settlement 1700, the Law

Lords, Lords Justices of Appeal and High Court

Judges can only be removed by the queen on the

petition of both Houses of Parliament.

Circuit Judges and other judges can be removed by

the Lord Chancellor for incapacity or

misbehaviour.

The Judiciary

Judge Court(s) Tenure

Lords of Appeal in Ordinary

House of Lords ‘whilst of good behaviour’

Lord Justices of Appeal Court of Appeal ‘whilst of good behaviour’

High Court Judges High Court

Crown Court for serious cases

‘whilst of good behaviour’

Circuit Judges Crown Court

County Court

Can be dismissed by Lord Chancellor for incapacity or misbehaviour

District Judges County Court

Magistrates Court

Can be dismissed by Lord Chancellor

Recorders Crown Court

Come in County Court

Appointed for 5 years, Lord Chancellor can decide whether to re-appoint

The Judiciary

Judicial independence

Great weight is given to the notion of judicial

independence, and it is central to the theory of

the separation of powers. The idea behind it is

simple, namely that judges should operate free

from pressure, whether it be applied by the

government, political parties or anyone else.

Without pressure, judges are free to make

independent and impartial decisions, without fear

of reprisal.

The Judiciary

Measures to ensure judicial independence

1. Security of tenure

2. Legal action against judges

3. Judicial salaries

4. Unable to take part in party politics

The Judiciary

Security of tenure

It is very difficult to dismiss a member of the

judiciary. This is to ensure that he or she acts

without fear of losing his or her job at the

hands of the government or other bodies.

The Judiciary

Legal action against judges

Judges cannot be sued for anything done in their

judicial role.

The Judiciary

Judicial salaries

These are paid out of the consolidated fund and

are not voted upon by Parliament, so judges will

not be tempted to find in favour of the

government in order to secure a pay rise.

Equally, judges can act without fear of a wage

cut if they make unpopular decisions.

The Judiciary

Unable to take part in party politics

Full-time judges must refrain from active

political

involvement.

The Judiciary