Copyright … Strode’s College Laws students are free to make use of ‘Pdf Print files’ for study purposes (they should print them off and take them to class). Others should ask before copying or using these ‘ Pdf Print Files ’. Produced by, and copyright of, Dr Peter Jepson -

The Judges … Prior to the delivery of these lessons you should have read and précised … Chapter 16 of ‘The English Legal System’ by Jacqueline Martin. Slides updated 2013

No chatting in this Lecture Ensure your mobile is switched off. Take notes – you can annotate your PDF printout. If you wish to ask a question raise your hand …

Hierarchy of the Courts … See page 26 of ‘The English Legal System’ by J Martin (7 th edition) and re-produce the courts hierarchy for civil cases. Students to then add to the diagram the judges that sit in each of the Courts. Emphasise the precedent principles that flow from the diagram.

The Judiciary Generally, judges are either barristers or solicitors. Our judges are chosen from among practitioners and do not have a trained career path. Their role is to make decisions in a fair, unbiased way, applying the law and the legal rules of England and Wales.

Two Types of Judges … Inferior Judges These are all Judges below those that serve in the High Court (list them). Superior Judges All judges who serve in the High Court and above (list them).

District Judges Vast majority are solicitors – with at least five years experience. Sit in the County Court, dealing with civil cases. Woolf reforms resulted in more District Judges being appointed.

Assistant Recorders and Recorders Part-time judges who sit in the Crown Court for 20 days in the year. Must have been qualified as a barrister or solicitor for at least seven years. Appointment is for five years.

Circuit Judges Sit in County Courts or Crown Court 2 different routes to qualify: Either At least 7 years rights of audience experience or have been a Recorder

High Court Judges To qualify -  advocates of at least 7 years experience within the High Court or  been a Circuit Judge for at least 2 years. Knighted on appointment Note that solicitors and academic lawyers can be appointed. One of the first academic lawyers was Brenda Hale who is now the first woman judge in the Lords.

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 seven years High Court experience In 2007, the first solicitor Lord Justice of Appeal was appointed.

Supreme Court Justices Usually appointed from among Lords Justices of Appeal, but can qualify either as practitioners with fifteen years experience or having held high judicial office for 2 years. All judgments by the Supreme Court are put on the website: Sit in the Supreme Court and Judicial Committee of the Privy Council. The Supreme Court replaced the House of Lords in October 2009.

Appointment of Judges … In class Answer the following questions…  How does the Judicial Appointments Commission work?  What are the five qualities that are desirable for a good judge?  Draw a flow-chart explaining the application process.  How are the Supreme Court Justices appointed and how is this different to the former system for Law Lords in the House of Lords?

Activity Undertake the activity on page 232 of “The English Legal System” by Jacqueline Martin.

Judicial Roles… In pairs, draw a table explaining the type of work done by the following judges:  Supreme Court Justices  Lord Justices of Appeal  High Court Judges  Inferior Judges The work that a judge does depends on the level of court in which he/she works.

Removal from Office District Judges, recorders and circuit judges can be dismissed by the Lord Chancellor for incapacity or misbehaviour (as per the Constitutional Reform Act 2005) High Court Judges, Lord Justices of Appeal and Supreme Court Justices can only be removed from office at the request of both Houses of Parliament (only happened once)

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.

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

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.

Training and quality control … Training of judges is carried out by the Judicial Studies Board. Most of the training is aimed at Recorders – four day residential course, followed by a week shadowing an experienced judge. Experienced lawyers do not necessarily have experience in judicial tasks e.g. summing-up to the jury.

Composition of the Judiciary To what extent is the judiciary dominated by elderly, white, upper-class males? Undertake the activity on page 233 of “The English Legal System”.

Separation of Powers (they must be separate)  The Legislature (i.e. Parliament)  Executive (i.e. the Government)  Judiciary (i.e. the Judges) The current Lord Chancellor has chosen not to sit as a Judge. The three primary functions of the state as identified by Montesquieu: Can you identify any overlap between the arms of state?

Judicial Independence Judges can be thought of as being independent in a number of ways:  Independence from the legislature  Independence from the executive  Freedom from outside pressure  Independence from political bias  Independence from the case Give examples, using statute and case law, of each of the above categories.

In Silence … In class - plan answers to the exam questions on pages 243 of “The English Legal System”.