Judiciary G151 flashcards.

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  • Created on: 15-04-14 10:57
What judges sit in the supreme court?
Justices of supreme court
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What judges sit in COA?
Lord justices of appeal
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Where do circuit judges sit?
In crown and county court
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Where do recorders sit?
Part time in crown and county court.
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Where do district judges sit?
In county and magistrates court.
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What are judicial qualifications governed by?
Courts and Legal Services Act 1990 as ammended by Tribunals, Courts and Enforcement Act 2007.
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What requirements are there to meet the judicial-appointments eligability?
Relevant legal qualification (being solicitor/advocate or barrister or CILEX thanks to TCEA 2007) and have gained experience in law for a certain period (TCEA 2007 widened this so you may teach law, eb an arbitrator or advisor on law)
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What did TCEA do in terms of experience in law?
reduced the length of time that a person has to work in the law before they can apply to become a judge. For senior courts it is reduced from 10 yrs to 7, and in junior posts it has reduced from 7 years to 5. (means younger judges can progress)
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Qualification for supreme court judge?
Qualified to appear in senior courts for 15 years. Sat at COA for 2 years.
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Qualification for Lord Justices of appeal?
Barrister/solicitor and 7 years experience in law or existing high court judge.
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Qualification for High Court judges?
Barrister/solicitor. 7 years experience in law or circuit judge for 2 years.
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Qualification for circuit judge?
Barrister/solicitor. Recorders, district judges and tribunals are also eligable. 7 years experience in law.
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Qualifications for recorder?
Barrister/solicitor, 7 years experience.
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Qualification for district judges?
Barrister, solicitor or fellow of CILEX can be deputy district judges. 5 years experience or have been deputy district judge.
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Historical problems with judicial appointments?
LC's department kept secret information on candidates, which the LC then chose the candidate himself based on those documents so it was seen as secretive. The system also seemed to favour white males as there were few women and eithnic minorities.
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When was JAC set up?
s.3 constitutional reform act and became live in April 2006.
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Why was JAC set up?
In order to maintain and strengthen judicial independence by taking responsibility for selecting candidates for judicial office. It is alos required to encourage diversity in the range of people available for judicial selection.
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What is JAC responsible for?
selecting all judges below supreme court.
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What is the Crime and Courts Act 2013?
A provision (not yet in place)
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What does Crime and Courts Act 2013 have provision to do?
Transfer LC's power in respect of selection and appointment of all inferior judges to make the process seperate from the excecutive and government.
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What are the judicial qualities and abilities required for judicial office?
Intelectual capacity, personal qualities (sound judgement, decisive, objective, willing to learn, integrity, independent minded), ability to understand and deal fairly, authority and communication skills and efficiency.
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Where does JAC advertise judicial appointments?
newspapers, legal journals and online.
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What is the purpose of JAC running roadshows and other outreach events?
To communicate and explain the appointments system to potential applicants.
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What happens in application process?
All candidates fill in an application from and are asked to nominate 3-6 referees. For lower level posts applicants are asked to write an essay or do a case study.
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What does interview process involve?
A role play or formal, structured discussion. After the interviews the final selections are made and reccommended to LC.
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What evidence suggests that JAC has improved diversity?
In 2006 out of 129 applicants only 18 women and all white. In 2010 out of 90 applicants, 15 women (recommended) and 6 from an ethnic minority (2 recommended)
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What is the current problem with the final selection of the lower judiciary?
LC still has final say on selection so still conflicts with Montesquieu.
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What act of parliament will make selection and appointment of lower judiciary more in line with seperation of power argument?
Crime and Courts Act 2013.
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Who makes final appointment of all judicial posts?
Queen.
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What is the judicial studies board and when was it set up?
Training of judges and it was set up in 1979.
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What is the training process of a recorder in training?
Attend a one week course run by JSB then shadow an experienced judge for a week. `
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What training is available for experienced judges?
One day courses are occasionally available especially if there is new legislation. Also the JSB publish a list of seminars for the year and judges can apply to attend any of the seminars.
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What compulsary training is given to new high court judges?
No compulsary training although they are invited to attend courses by JSB. However since 1998 all judges have to attend a course on racial awareness called Human Awareness Training.
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What are the criticisms about training available for the judiciary.
Very short, even if people are experienced lawyers it does not mean that they have experience of tasks such as summing up to the jury or sentencing, recorders wont have practiced in criminal courts as lawyers so they have limited experience.
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What are the reasons for Racial/Human Awareness Training and what does the training include?
Designed to make judges more aware of what might be unintentionally discriminatory/offensive (e.g. asking christian name to a non christian). It also includes human awareness training (gender/disability issues) which explores other parties views.
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Other cards in this set

Card 2

Front

What judges sit in COA?

Back

Lord justices of appeal

Card 3

Front

Where do circuit judges sit?

Back

Preview of the front of card 3

Card 4

Front

Where do recorders sit?

Back

Preview of the front of card 4

Card 5

Front

Where do district judges sit?

Back

Preview of the front of card 5
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