Judiciary

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  • Judiciary
    • Selection & Appointment (A)
      • Hierachy
        • Superior Judges: Supreme Court, Court of Appeal (Criminal/Civil), High Court
        • Inferior Judges: County Court, Crown Court, Magistrates Court
      • Qualification: Courts and Legal Services Act 1990 (inferior), Tribunals,Courts and Enforcement Act 2007 (superior)
        • Qualifcations before 1990: Barrister, 10yrs practice & 'rights of audience'
          • Now: Qualified Barristers, Solicitors for certain number of yrs cam apply. 'Academic Lawyers' & 'ILEX Fellows' can too
      • Superior Judges
        • Old = 'Secret soundings' made by Lord Chancellor
          • 'Tap on the shoulder' OR 'Old boys network'
        • 2001, Labour established Commission for Judicial Appointments to review process.
          • The Constituitional Reform Act 2005 = Judicial Appointment Comission (JAC) - responsible for all but Justices of Supreme Court
            • To make process clearer, more accountable, based on merit
              • 500 - 700 appointments per year
              • 15 members; 6 lay members, 5 judges, 2 lawyers (barrister & solicitor), 1 tribunal member, 1 lay magistrate
            • Advertises posts
            • Interview : Role play, formal structured discussion. Write essay, do case study ( lower)
            • May consult existing judges about candidates
            • 5 desirable qualities
              • Intellectual capacity
              • Efficiency
              • Ability to understand and deal fairly
              • Authority and communication skills
              • Person qualities: sound judgement, willingness to learn etc
            • LC can reject candidates, criticized goes against independence of judiciary
      • Inferior judges formally appointed by  Queen on recommendation of LC and selection by JAC
      • Supreme Court Justices- formally appointed by Queen on advice of Prime Minister JAC not involved - S.27 Criminal Reform Act 2005
    • Standard Intro
      • Group of judges = 'the judiciary' or 'the bench'
      • 'To some people awesome emobdiment of wisdom, independence and imaprtiality. To others an elderly, remote, crusty figure wearing ridicolous fancy dress, holding views appropriate to 19th century' Berlins and Dyer 200
    • Training of judges (A)
      • Recorders
        • Criminal Law Induction Course
        • 4 day residential course by the Judicial College (lectures on sentencing, visiting prisons & probation services etc)
        • Newly appointed= sit for at least a week with expirienced judge
      • District Judges
        • 3-5 residential induction course by Judicial College
        • 'Sitting in' with experienced judge for at least 5 days
        • Mentor & apprisal system for first 3 months
        • One day Criminal Conference
        • On-going Criminal Continuation Seminars (e.g vulnerable writnesses or mentally disordered offenders'
          • Equivalent training for inferior judges , seminards on 'Damages and Cost'
      • Superior judges = not compulsory
        • For all judges may be 'ad hoc' , new laws require training
          • E.g Human Rights Act
      • Training before 2010 Judicial studies Board, Lord Chief Justice wanted everyone to be trained by same organisation. Judicial College set up in 2011
        • Chair= Lady Justice Rafferty
        • Training provided by other judges

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