Silence in this Lecture Switch OFF mobile telephones Take notes If you wish to ask a question raise your hand …

The Judges… Generally Judges are either barristers or solicitors, but the Courts and Legal Services Act 1990 does enable appointment of academic lawyers. Lord Chancellor’s Department involved in all appointments. Judges chosen from among practitioners and do not have a trained career path.

Two Types of Judges Inferior Judges These are all Judges below those that serve in the High Court. Superior Judges All judges who serve in the High Court and above Posts are advertised – Lord Chancellor appoints. Lord Chancellor invites and appoints.

District Judges Often former solicitors – with at least seven years practice. Sit in the County Court Woolf reforms resulted in more DJ’s being appointed Vacancies advertised - Appointed by the Crown on the recommendations of The Lord Chancellor

Assistant Recorders and Recorders Part-time judges who sit in the Crown Court Must have been in practice for at least seven years Appointment renewed every three years Lord Chancellor appoints

Circuit Judges Sit in County Courts or Crown Court Appointed from Solicitors or Barristers At least 10 years experience Deal with more difficult or important cases

High Court Judges Appointed from advocates of at least 10 years experience Sit in High Court, Crown Court for very serious offences, also Divisional Court to hear appeals Appointed by Crown after PM’s recommendation - on advice from the Lord Chancellor Knighted on appointment

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 fifteen years experience Appointed by Crown after PM’s recommendation - on advice from the Lord Chancellor

Lords of Appeal in Ordinary Usually appointed from among Lords Justices of Appeal, but can be appointed from among practitioners with fifteen years experience Appointed by the Crown on PM’s recommendation Sit in the Judicial Committee of the H of L and Privy Council Made Life Peers on Appointment

Practical Task Visit the below site and find the current post holders… For salary details and further information… uk /lcd/

Removal from Office All Judges now retire at 70 District Judges, recorders and circuit judges can be dismissed by the Lord Chancellor for incapacity or misbehaviour High Court Judges, Lord Justices of Appeal and Lords of Appeal 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 Judicial Studies Board provides training for all new judges Recent Training on IT, ECHR Quality control very limited – Lord Chancellor keeps records C of A may occasionally criticise a judge

Lord Chancellor Carries out three different functions  Sits in the Cabinet  Sits in the House of Lords  Sits in the Lords as a Judge It seems probable that a ECHR challenge, on grounds of a conflict of interests and a denial of the separation of powers, could result in a change to these powers There has been proposals to replace the Lord Chancellor’s role in appointments with a committee of some kind

Practical Task Explain the role of The Judicial Studies Board in relation to the training of Judges.

The Lord Chief Justice Heads the criminal court system, sitting in Court of Appeal (Criminal Division) and in the Divisional Court of the Queen’s Bench

The Vice-Chancellor Actual Head of the Chancery Division also responsible for the civil justice system Who is the nominal head of the Chancery Division?

Master of the Rolls Heads the Court of Appeal (Civil Division) Also nominal Head of the solicitors’ profession – Rolls’ being a list of solicitors entitled to practice

Judicial Independence Must be free from political bias Must not have a personal interest in a case example of the Pinochet Case and Lord Hoffman Should be free from financial pressures Have absolute privilege in Court for anything they say – so they cannot be sued Powers in relation to Contempt of Court

Break into Law Firms Do the tasks on page 186 – of ‘AS Law’ – in relation to the Judiciary. For Homework do the following essay … “Describe the ways in which Judges are appointed, selected and trained.”