The Judiciary - Dismissal

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  • Created by: Max_
  • Created on: 15-12-15 08:36

The Judiciary - Security of Tenure (Superior Judge

Security of Tenure

Security of Tenure basically means the protection which to provide over the judiciary for their performance in court. The levels are different for each type of judge, whether it be Superior judges or Inferior judges

Superior Judges 

Superior judges have security of tenure in that they cannot be dissmissed by the government. This orignated from the Act of Settlement 1701 which allows them to hold office whilst of good behaviour.It's now contained by the Senior Courts Act 1981 for the High Court and the Court of Appeal. Whereas the Constitual Reform Act of 2005 for the justices of the Supreme Court. The current provision now means that judges can only be removed by a signed petition through both Houses of Parliament. This has never happened to any English judges but in 1830 Jonah Barrington was removed for stealing £700 from the court funds. However pressure and criticism can effect resignation of judges. As shown in 1998 where justice Harman resigned after recieving crticism from the Court of Appeal. 

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The Judiciary - Security of Tenure (Inferior Judge

The Judiciary - Security of Tenure (Inferior Judges)

Tenure of Inferior Judges

These have significantly less tenure of office as superior judges. The Lord Chancellor has the power to dissmiss inferir judges for incapacity of misbehaviour. A criminal conviction for dishonestly would likley to lead to the dissmissal of a judge as it is regarded misbehaviour. This has happened in the case of Constance Briscoe for peverting the course of justice as she lied on when altering the witness statement,

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The Judiciary - Retirement

The Judiciary - Retirement 

The Judicial Pensions and Retirement Act of 1993, because of this all judges now have to retire at the age of 70. Though in some cases theyr're enabled to work beyond this age. Prior to this Act High Court and above judges can sit unitl they're 75. On the other hand all inferior judges have to retire at 70.

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