Judiciary
- Created by: Karolinaaaa
- Created on: 17-05-17 10:45
View mindmap
- 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
- Qualifcations before 1990: Barrister, 10yrs practice & 'rights of audience'
- 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
- To make process clearer, more accountable, based on merit
- The Constituitional Reform Act 2005 = Judicial Appointment Comission (JAC) - responsible for all but Justices of Supreme Court
- Old = 'Secret soundings' made by Lord Chancellor
- 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
- Hierachy
- 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
- For all judges may be 'ad hoc' , new laws require training
- 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
- Recorders
- Selection & Appointment (A)
Similar Law resources:
Teacher recommended
Comments
No comments have yet been made