judges

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  • Created by: Zaynab
  • Created on: 16-12-20 20:55
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  • Judges.
    • types of judges
      • Superior Judges
        • justices of SC
        • Lord Justices of Appeal sit in CoA
        • High Court judges - sit in 3 divisions of the HiCo
      • 'inferior' judges
        • 'circuit judges' - sit in both CroCo and CoCo
          • barristers for at least 10yrs standing
            • Recorders - part time judges. Usually sitting in CroCo
        • Recorders - part time judges. Usually sitting in CroCo
      • District Judges - legally trained, paid judges by Mags. court
        • previously known as stipendiary mags.
        • barristers of at least 7 years. standing
        • will also hear some civil cases
      • Justices of the Peace (JPs)
        • lay mags. of mags. court
          • without legal training and unpaid
    • Judicial Independence
      • Senior judges free from political control/ pressure
        • able to dispense + develop law fairly, without fear of political reprisal
      • idea seen as early as the Act of Settlement in 1701.
        • when judges sworn in, now take the Judicial Oath
      • how is it guaranteed?
        • security of tenure
        • immunity from suit
        • independence from the executive (Govt. branch
        • Independence from case - no individual involved in case being heard.
          • Judiciary must declare if they have a personal/ financial connection with case
      • Re Pinochet 1998
        • Law Lords decided original decision couldn't be allowed to stand. Judges need to be completely unbiased
    • judicial 'immunity'
      • Judge can't be prosecuted for act carried out in judicial capacity; nor can they be sued for 'defamation' for things said about the state/ individuals in course of hearing a case
        • can be removed from office after investigation if they have committed a criminal  offence
    • appointment of senior judiciary
      • 1. Selection commission convened by Lord Chancellor containing president of SC, deputy pres. and member of Scottish/ Northern Irish courts. Also 1 lay person
      • 2. no prescribed process. normally advertised publicly. Last time, open competition, certain people consulted onto the appointment
      • 3. Lord Chancellor  informed of choice, must discuss with senior judiciary.
      • 4. nomination. forwarded to Prime Minister, who then officially nominates person to Queen.
      • How is process politically independent?
        • person must qualify based on merit (not on beliefs, connections etc.)
        • Variety of senior must be consulted from across UK
        • Process advertised publicly = transparent
        • LC not involved in process until nomination made

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