2. 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 ’. Copyright of Dr Peter Jepson - law@peterjepson.com law@peterjepson.com

3. The Judges … Produced by Dr Peter Jepson Prior to the delivery of this Lecture you should have read and précised … Chapter 16 of ‘The English Legal System’ (5th Edition) by J Martin.

4. No chatting in this Lecture Switch OFF mobile telephones Take notes If you wish to ask a question raise your hand …

5. 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 indirectly/directly involved in all appointments. Judges chosen from among practitioners and do not have a trained career path.

6. 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).

7. 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

8. Assistant Recorders and Recorders Part-time judges who sit in the Crown Court Must have been in practice for at least ten years Appointment renewed every three years

9. Circuit Judges Sit in County Courts or Crown Court At least 10 years rights of audience experience Deal with more difficult or important cases

10. 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 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.

11. 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 ten years High Court experience

12. 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 (understood that the Lord Chancellor draws up a shortlist). Sit in the Judicial Committee of the H of L and Privy Council Made Life Peers on Appointment

13. Appointment of Judges … In class … Produce some notes on the appointment of Judges. Who does it now and how is it due to change?

14. Break up into Law Firms … Work out (and explain to class) details - where they sit, what they do, how many of them there are, how they are referred too, what they do etc - of the following judges: Law Lords - Lord Justices of Appeal - High Court Judges - Inferior Judges - The composition of the Judges.

15. 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 (as per the Constitutional Reform Act 2005) 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)

16. 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.

17. 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

18. 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

19. 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

20. Separation of Powers (they must be separate)  The Legislature (in Parliament)  Executive (in the Cabinet)  Judiciary (the Judges) Lord Chancellor Lord Chancellor Lord Falconer does not now sit as a Judge Three arms of the state as identified by Montesquieu Why is this so important?

21. Replacing the Lord Chancellor Judicial Appointments Committee will appoint all judges up to the Court of Appeal. (Ctte likely to be a mixture of 5 judges, 5 lawyers and 5 lay people). Existing Law Lords will form a new ‘Supreme Court’ – this will replace the House of Lords as the senior court in the land.

22. 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 see Sirros v Moore [1975]. Powers in relation to Contempt of Court

23. Practical Task Break into Law Firms and present … (1)The Independence of the Judiciary (16.10) (2)The Lord Chancellor (16.11) (3)Law Officers (16.12) (4) A Ministry of Justice (16.13)

24. In Silence … In class - plan answers to the Exam Questions on page 264 of ELS.