Judiciary

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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
      • 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
    • 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
      • 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
      • Freedom from any kind of bias
        • Pinochet Case, Re Medicaments, Timmins v Gormley

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