The Judiciary

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  • Created by: 10dhall
  • Created on: 26-04-17 18:25
What act are the qualifications of Judges set out under?
Tribunals Court and Enforcement Act 2007
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What are the types of Judges?
District, Recorders, Circuit, High Court (Puisne), Justices of Appeal, and Supreme Justices
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What qualifications does a District Judge need?
Have been a solicitor or a barrister or ILEX fellow for 5 years, and must be a deputy District Judge first
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What do District Judges do?
They work in the Magistrate's and County court's on small claim cases
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What qualifications do Recorders need?
Have been a solicitor or a barrister for at least 7 years (although they rarely get accepted until they have had experience of about 14 years)
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What do Recorders do?
They work in the Crown and County court part time
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What qualifications do Circuit judges need?
Have been a solicitor or a barrister for 7 years, or been a recorder, a district judge, or tribunal judge for 3 years
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What do Circuit judges do?
They work in the Crown and County court in multi track and fast track cases
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What qualifications does a Puisne judge need?
Have been a solicitor or a barrister for 7 years, or a Circuit judge for 2 years
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What do Puisne judges do?
They sit in the High court
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What qualifications does a Lord Justice of Appeal need?
Need to have been an existing High court judge or have had 7 years experience of rights of audience
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What do Lord Justices of Appeal do?
They sit in the Court of Appeal
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What qualifications do Supreme Justices need?
Hold high judicial office or have held a superior court qualification for 15 years
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What judges are inferior?
District, Recorders, Circuit
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What judges are superior?
Puisne judges, Lord Justices of Appeal, Supreme Justices
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What is the job of the Judicial Appointments Commission?
They advertise, receive applications, shortlist, references, selection day, panel decision, consultation, report to Lord Chancellor for Appointment
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What happens during the selection day?
Interview panels, role plays, presentation situational questioning
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What is statutory consultation (the last step of the selection role of the JAC)
The candidate has to report to the Lord Chancellor for appointment
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What consists of the selection for the High Court judges and the Lord Justices of Appeal?
Same as the inferior judges
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How is the selection of Superior judges dealt with?
Vacancy goes to the Lord Chancellor who sets up a Supreme court selection commission, then the commission report to the Lord Chancellor for appointment
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Who deals with the appointment of Judges?
The Judicial Appointments Commission based on pure Merit
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What act states that the Judicial Appointments Commission deals with the selection of judges?
The Constitutional Reform Act 2005
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What main qualities does an applicant have to have?
Intellectual capacity, personal qualities, an ability to understand and deal fairly, authority and communication skills. efficiency, leadership and management skills,
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What are qualities that are needed from these main qualities?
Logical thinking, sound judgement, ability to work under pressure, to deal fairly, have decisiveness and independence of mind
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What can the Lord Chancellor do in the appointment process in relation to inferior judges?
Can appoint, accept, or reject anyone. He must give reasons. Then goes to the Prime Minister, then the Queen
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What does the Lord Chancellor do in relation to Superior judges?
Goes to the Prime Minister, then the queen who will appoint
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Who conducts the training of judges?
The Judicial Studies Board
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Training for inferior judges?
Compulsory, especially for newly appointed recorders as their job involves sentencing and running a criminal court
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Training for superior judges?
Training is voluntary, also conducted by the Judicial Studies Board
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What is the role of inferior judges in the Magistrate's court?
Rule points of law, deciding guilty or not guilty, passing sentences, and issuing search and arrest warrents
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What is the role of superior judges?
Hearing points of law arguments, deliver judgements on what the point of law may be, create precedents for lower courts to follow, chairing judicial inquiries, helping the Judicial College, EU courts
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What is the role of inferior judges in the Crown Court?
Pre-trial directions, swearing in the jury, keeping the court in order, ruling on points of law, directing jury
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What is the role of inferior judges in the County court?
Pre-trial issues, hearing evidence, legal arguments, ruling on llegal issues, deciding liability or not, awarding damages
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Who deals with the complaints of judges?
Office for Judicial Complaints
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What do the Official Judicial Complaints do?
They look into complaints about person conduct (sexist/racist language), but cannot deal with cases of complaints of judges decisions/how they handled it
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What happens if a complaint is accepted?
The judge will be asked for their comments, if necessary a senior judge will carry out an investigation and report to the Lord Chancellor and Lord Chief Justice
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What happens if the complaint is uphheld?
The Lord Chief Justice and Lord Chancellor have the power to warn, advise, reprimand and remove an inferior judge for misconduct
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Is the complaint procedure the same for superior judges?
Yes, but the complaint can be referred to Parliament also
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Who deals with dismissal of judges?
The Lord Chief Justice if the Lord Chancellor agrees
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What can they dismiss a judge for?
Incapacity, misbehaviour (drink-driving, sexist/racist offences, more serious offences)
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How can superior judges be removed?
Set out under the Act of Settlement 1701, senior judges can only be removed by the Queen from both houses of Parliament, has only ever been used once
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What Act states only the queen can remove superior judges?
The Act of Settlement 1701
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Who was the only judge removed as a superior judge?
Sir John Barrington, for embezzlement of public funds
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What changes have made improvements in the selection process?
The Constitutional Reform Act 2005 states that judges are based on merit, prevents discrimination, more women and ethnic minorities encouraged to apply, advertisements placed where different people in society will see them
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What changes have not made improvements in the selection process?
The first female supreme court judge was appointed in 2004 which is very recent, on 29% of JAC appointments were women when it should be 50%, and 8% were ethnic minorities
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Other cards in this set

Card 2

Front

What are the types of Judges?

Back

District, Recorders, Circuit, High Court (Puisne), Justices of Appeal, and Supreme Justices

Card 3

Front

What qualifications does a District Judge need?

Back

Preview of the front of card 3

Card 4

Front

What do District Judges do?

Back

Preview of the front of card 4

Card 5

Front

What qualifications do Recorders need?

Back

Preview of the front of card 5
View more cards

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