Judiciary

Judiciary

1. Tribunal Courts and Enforcement Act 2007

   • For some levels of judge, the act has opened up some judicial posts, including: - Patent and trademark Attorneys - ILEX
   • To become a judge it is necessary to have the relevant legal qualification. - Barrister - Solicitor.
   • Widened the ways in which applicants may have gained experience, to include: - Practicing law -Teaching law. - Advising on law - Being an arbitrator or mediator.
   • the act also reduced length of time that a person has to work in law in order to apply to become a judge. -Lower posts are 5 years (used to be 7). -Higher posts are now 7 years (use to be 10).

2. Qualification

   • Justices of the SC
     • Usually appointed from among Lords Justices of Appeal
     • 2 years high judicial
     • 15 years HC qualified
     • Made Life Peers on appointment.
   • Circuit Judge
     • Have been a Recorder, DJ or Chairman of Employment tribunal for 3 years.
     • At least 7 years rights of audience experience.
     • 18% formerly solicitors
   • Part and full time recorders
     • Approx. 900 Rec. & 500 P-T. 85% Barrs., 15% Soli.
     • PT = 20 days a year
     • Must have been qualified as a Bar. or Sol. for at least 7 years.
   • Lord Justice of Appeal
     • HCJ's
     • In 2007, the first solicitor Lord Justices of Appeal was appointed. He now sits in the SC
     • Legal qualif. 7 years.
   • District Judge
     • sol or B for 5 years
     • under the Tribunals courts and Enforcement Act 2007; ILEX are also eligible (5 years post-qual. exp.)
   • High Court Judges
     • Solicitors and academic lawyers can be appointed - Like Brenda Hale (in SC).
     • 3 solicitors appointed since Courts and Legal Services Act 1990.

3. Judicial Appointments Commission

   • Started work in April 2006.
   • Responsible for selecting between 500-700 people for appointment to judicial posts (p/a)
   • Made up of 15 members, these are: 6 lay members, 5 judges [3CoA, 1CJ, 1DJ], 1 barrister, 1 solicitor, 1 mag, 1 tribunal member.
   • Crime and Courts Bill 2012-13
     • has provision to transfer the Lord cHancellors power in respect of inferior judges to the Lord Chief Justice.
   • The commission have listed 5 qualities desirable for a good judge:
     • + Intellectual capacity
     • + personal qualities: integrity, independence of mind, sound judgement, decisiveness, objectivity, willingness to learn.
     • + ability to understand and deal fairly.
     • + Authority and communication skills.
     • + Efficiency.
   • Created following Constitutional Reform Act 2005
     • Removed LC being able to select the serious judges

4. Application Process

   • 1.Advertised in newspapers, legal journals and online.
   • 2. Commission run roadshows and outreach events.
   • 3. Candidates fill in application form.
   • 4. Nominate 3-6 referees.
   • 5. Commission have also published people they may ask about candidates.
   • 6. Lower levels may be asked to write an essay or a case study.
   • 7. Best are then selcted for interviews: -role play -formal structured discussion
   • 8. After the interview, the est will be recommended for appointment to the LC.
   • 9. first advertised in 2006, there were 129 applicants, 18 were women - they were all white.
   • 10. In 2010 there werre 90 applicants, 15 were F (2 recc for app), 6 were EMinorities (2 recc for app).

5. How to become a justice of the SC

   • Became SC in 2009 instead of HoL. process for selecting new applicant.
     • set out in Part 3 of Constitutional Reform Act 2005.
   • s.29 of Constitutional Reform Act 2005
     • can reject or ask them to reconsider ONLY if of the opinion that the person selected is not suitable and there's evidence they're not the most suitable based on merit.
   • PM is told

6. Work

   • Justices of the SC
     • Hear around 70 cases a year.
     • Appeals to the civ. and crim
     • Only if on PoL.
     • Minimum of 3 although 5-7 normally sit.
     • Any decisions become precedent.
   • Lord Justices of Appeal
     • 30 of them
     • Sit in criminal and civil
     • Crim:7000 apps (1J), 1,500 full appeals.
     • Civil = 1,000 appeals
     • Usually sit as panel of 3.
     • 2HCJ may join a LJoA due to the high workload.
   • High Court Judges
     • 73QBD, 18Chanc, 19Fam
     • Main function's to try cases "cases at first instance". hear evidence, decide law and make a decision.
     • Also hear some appeals
     • If appeals 2/3/ sit.
   • District Judges (County)
     • In County, deal with small-claims (claims under £10,000)
     • Over 400
     • Can hear cases of higher amounts.
   • District Judges (Mags)
     • Criminal cases in Mags Sit in their own
     • Also decide sentence if found G or plead G.
   • Circuit Judges
     • County = civ Crown = crim
     • Over 600
     • Sit as one in civ Sit with jury in crim.
   • Recorders
     • Part-time appointed for 5 years.
     • Can sit in County too if appropriate.

7. Training

   • Judicial Studies Board
     • Appointed as Rec in training
       • One week course run by JSB
         • Shadow for one week
           • Sit to hear cases, one day courses available.
   • Judicial College
     • Knowledge of the body of the law and rule of evidence and procedure.
     • Acquiring judicial skills and improving on them
     • Social context of judiciary
   • Cons
     • Training's very short.
     • experience, even as a lawyer, doesn't train you for summing up to jury, or sentencing.
     • Some Recorders will not have practised as lawyers in criminal courts.
     • No compulsory training for new HCJ's.
   • Pros
     • Courses made available to all; HCJ's "invited to attend" by Judicial Studies Board.
     • Attitudes to training are more positive.
     • Human awareness training [re: race, discrimination, gender, disability and other views.]
     • All judges can attend available one day sessions.