Judiciary
- Created by: Karolinaaaa
- Created on: 17-05-17 10:45
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- Judiciary
- Retirement (A)
- The Judicial Pensions and Retirement Act 1993 = all should retire at 70, at 75 become ineligible
- The Senior Courts Act 1981, Constitutional Refrom Act 2005 = 'security of tenure', GOV can't dismiss superior judges
- Monarch can dismiss following petition signed by both Houses of Parliament
- 1830 Sir John Barrington removed due to financial scandal
- Monarch can dismiss following petition signed by both Houses of Parliament
- Inferior Judges dismissed on 2 grounds
- Incapactiy, inability to arry out job
- Misbehaviour, can range from discourtesty to dishonesty. 2009, Judge Margaret Short dismissed
- CRA 2005, Lord Chief Justice can disclipline with agreement of Lord Chancellor
- Formal advice, warning or reprimand
- Suspending judges subject to criminal proceedings/ when Parliament is seeking to remove them
- 'Prescribed procedure' must be followed
- Pressure on judges to resign - 1959 LC asked Lord Justice Hallet to resign and in 1998 Justice Harman due to criticisms of Court of Appeal
- Representatives of society (B)
- Women - number of women is low but there have been some improvements
- First female judge in High Court = 1992
- First woman in Court of Appeal - Lady Butler- Sloss 1988 used to be reffered to as 'lord', 1994 'my lady'
- Until 2001 - all male panel in Supreme Court
- Ethnic Minority, 2015 = 6% , 0% in Lord Justices of Appeal and High Court
- 70% privaetly educated, 78% oxbridge educated.
- Gary Slapper 'composition does matter if it means that judges are making poor judgements as a result of their background
- Out of Touch
- 'Judges are remote from most people's daily lives' The Law Machine
- 8 yr old **** victim told she was 'no angel'
- MrJustice Harman 1991 'I've always thought there were onloy 3 kinds of women: wives, whores and mistresses, which are you?"
- **** victim told hse contributed to her ordeal by hitchhiking in a short skirt
- Advisory Panel on Judicial Diversity 2010 - judiciary should reflect diversity of society but there's no quick fix. 53 recommendations, JAC now run an 'outreach programme'
- Duty under CRA 2005 to promote diversity
- 'Judges are remote from most people's daily lives' The Law Machine
- Women - number of women is low but there have been some improvements
- Independence (B)
- Explain Seperation of Powers
- Legislature
- Independent: 1. Not involved in law making functions of Parliament, full time judges can't be MPs 2.The CRA 2005 made a new Supreme Court, can't sit in The House of Lords Chamber
- Not indpendent: 1.Part time judges can become MPs 2.Can still make laws 'case law' 'common law' 'precedent'
- Executive
- Independent: 1. Can't be dismissed by Government 2.CRA 205 ensured independence under S3 - LC & Cabinet must uphold independence, must not seek to influence judicial decisions
- Not Independent: Prime Minister still involved in appointment of some superior judges
- Independent: 1. Can't be dismissed by Government 2.CRA 205 ensured independence under S3 - LC & Cabinet must uphold independence, must not seek to influence judicial decisions
- Must be free from Political Bias, believed they're pro-establishment
- Lord Justice Scrutton ' it's difficult for a judge to be impartial'
- Evidence they are: The Spycatcher case-supported decision to ban sale of book by Peter Wright due to breach of Official Secrets Act Thomas v National Union Miners - invented an action called 'unreasonable interference with the right to use the highway'
- Aren't ( didn't support government interests) : Dpp v Hutchinson, ruled in favour of group of female protestors
- Evidence they are: The Spycatcher case-supported decision to ban sale of book by Peter Wright due to breach of Official Secrets Act Thomas v National Union Miners - invented an action called 'unreasonable interference with the right to use the highway'
- Lord Justice Scrutton ' it's difficult for a judge to be impartial'
- Freedom from any kind of bias
- Pinochet Case, Re Medicaments, Timmins v Gormley
- Retirement (A)
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