1. The British Judiciary

2. The Court System
Hierarchy of courts (lower or inferior courts and high or superior courts)
Criminal and civil division

3. Inferior courts County courts (civil)
Magistrates’ courts and Crown courts (criminal)

4. Superior courts The Supreme Court of the UK
The Court of Appeal (civil and criminal division)
The High Court of Justice (three divisions – Queen’s Bench, Family and Chancery division)

5. Judges Justices of the Supreme Court Lord Justices of Appeal
Puisne judges (High Court of Justice)
Circuit judges
Recorders
District judges
Justices of the Peace (Magistrates’ courts)

6. Lord Chancellor before 2005
Prior to the Constitutional Reform Act of 2005, the Lord Chancellor combined executive, judicial and legislative roles – he was the minister of Justice (executive), head of the judicial committee of the House of Lords and responsible for judicial appointments (judicial) and Speaker of the House of Lords (legislative)
He decided about judicial appointments independently or together with the Prime Minister

7. Constitutional Reform Act of 2005
The Act reduced the role of the Lord Chancellor and extended the role of the Lord Chief Justice, constituted the Supreme Court of the UK (established in 2009) and abolished the Appellate Committee of the House of Lords as the highest court in the country

8. Judicial appointment
The Courts and Legal Services Act of 1990 sets out the professional qualification needed to become a judge
Since 2005 the Judicial Appointments Commission has selected the judges

9. The Judicial Appointments Commission
Set up under the Constitutional Reform Act of 2005
Consists of 15 members
Selection is based on merit
The Commission recommends to the Lord Chancellor who should be appointed

10. Inferior judges District judges (County Court, Magistrates’ Court)
Recorders (County Court and the Crown Court – part-time judges )
Circuit judges (County Court and/or Crown Court)
They are drawn from the ranks of solicitors or barristers with at least ten years of experience
Possible to advance from lower to more senior judicial offices

11. Superior judges
High Court Judges or Puisne judges (High Court) – appointed in the three divisions: Queen’s Bench, Chancery court, Family court
Lord Justices of Appeal (the Court of Appeal)
Justices of the Supreme Court

12. The Lord Chief Justice Head of the judiciary for England and Wales
Presides over the Criminal Division of the Court of Appeal

13. Training of judges Organised by the Judicial Studies Board (JSB)
For most new judges there is a short residential course
Continuation seminars
Additional special training schemes for new areas of law

14. Removal
Superior judges have the security of tenure that dates back to the Act of Settlement of 1701 – they can only be removed by the Monarch following a petition presented by both Houses of Parliament
Inferior judges can be dismissed by the Lord Chancellor for incapacity or misbehaviour

15. Protection of judicial independence
Judges have immunity from being sued for anything they do in the course of their judicial duty
Judicial salaries are paid from the Consolidated Fund so there is no need for parliamentary authorisation
The security of tenure of superior judges

16. Political activity
Judges are expected to abstain from political activity and be neutral when making their decisions

17. The Lord Chancellor’s role
Appointed by the Prime Minister and can be dismissed by him/her
The Minister of Justice and an MP
He no longer acts as the head of the judiciary (now it is the Lord Chief Justice), nor sits as a judge
He has a role in appointing judges

18. Recent changes
The Constitutional Reform Act of 2005 provided that the Lord Chancellor no longer needs to be a lawyer, that he/she can be a member of the House of Lords or the House of Commons
In 2007 Jack Straw became the first Lord Chancellor since the 16th century to sit in the House of Commons

19. New Lord Chancellor
May 14, 2010
Kenneth Clarke

20. The Supreme Court Established in 2009
Replaced the former highest court in the country – the Appellate Committee of the House of Lords
Justices are now independent from Parliament

21. About the Supreme Court
Why was it established in 2009?
Why is it more accessible to the public?
How can an appeal reach the Supreme Court?

22. Hierarchy of courts

23. Comprehension
Read Unit 4 (pp ) and find the words or phrases you are unfamiliar with!

24. Vocabulary Judiciary – sudstvo
Constitutional Reform Act – Zakon o ustavnoj refomi
to alter somebody’s role- izmijeniti nečiju ulogu
The Appellatte Committee of the House of Lords – Prizivno vijeće pri Gornjem domu (do najviši sud u UK)
tenure – trajno zvanje
final ruling – konačna sudska odluka
bias - predrasude

25. Thank you for your attention!