Judicial roles

Judicial Roles

Judicial Roles

Rebecca Rice

Judicial Roles:
There are many different types of judges sitting in courts or tribunals, each hearing different types of cases, and with different powers to use when deciding the outcome of a case.
Judges, magistrates and tribunal members sit in three main jurisdictions - civil, criminal and family.

Recorder The more senior the Judge the more money they earn and the

District Judge longer they will have to serve as a lawyer to earn their role.

High Court Judge

Circuit Judges

President of the Family Division

President of the Queens Bench Division

Lord Justices of Appeal

Justices of Supreme Court

Master of the Rolls (appointed role)

Lord Chief Justice (appointed role)

Qualifications/Training

Relevant Legal Qualification

(ILEX)

The Tribunal, Court and Enforcement Act 2007 (lowers the length of time needed to be a judge and recognises the importance of of experience such as ADR).

Human Awareness Training since 1993

Separation of Powers

It is vital that each judge is able to decide cases solely on the evidence presented in court by the parties and in accordance with the law. Only relevant facts and law should form the basis of a judges decision. Only in this way can judges discharge their constitutional responsibility to provide fair and impartial justice; to do justice as Lord Brougham, a 19th Century Lord Chancellor, put it between man and man or as Lord Clarke, former Master of the Rolls put it more recently in 2005, between citizen and citizen or between citizen and the state.

The responsibilities of judges in disputes between the citizen and the state have increased together with the growth in governmental functions over the last century. The responsibility of the judiciary to protect citizens against unlawful acts of government has thus increased, and with it the need for the judiciary to be independent of government. (see Constitutional Reform Act 2005)

Constitutional Reform Act 2005

The Lord Chancellors role changed dramatically on 3 April 2006, as a result of the Constitutional Reform Act 2005.

For the first time in almost 900 years, judicial independence is now officially enshrined in law.

The key changes brought in by the act include:

A duty on government ministers to uphold the independence of the judiciary, barring them from trying to influence judicial decisions through any special access to judges

Reform of the post of Lord Chancellor, transferring his judicial functions to the President of the Courts of England and Wales a new title given to the Lord Chief Justice. The Lord Chief Justice is now responsible for the training, guidance and deployment of judges and represents the views of the judiciary of England and Wales to Parliament and ministers

An independent Supreme Court has been established, separate from the House of Lords and with its own independent appointments system, staff, budget and building

An independent Judicial Appointments Commission, responsible for selecting candidates to recommend for judicial appointment to the Secretary of State for Justice. The Judicial Appointments Commission ensures that merit remains the sole criterion for appointment and the appointments system is modern, open and transparent

An Judicial Appointments and Conduct Ombudsman, responsible for investigating and making recommendations concerning complaints about the judicial appointments process, and the handling of judicial conduct complaints within the scope of the Constitutional Reform Act.

What has not changed is the way judgments are made or given; after all, judges have been independent in the way they work for centuries.

The real differences are in the day-to-day management of the judiciary, the way judges are appointed and the way complaints are dealt with. These are now truly independent, to enhance accountability, public confidence and effectiveness.

Diversity of the Judiciary

Dominated by elderly, white, upper-class males

Very few women judges

Very few ethnic minority judges

It is unusual for a judge to be under 40.

The first woman to be appointed in the High Court was in 1992, the first woman to be appointed in the House of Lords (now Supreme Court) was in 2004. In the same year the first ethnic minority judge was appointed in the High Court.

Magistrates Judges

No Legal Qualifications but must have judicial qualities

There are about 29,0000 Magistrates in the UK

1,500 appointed each year by the Lord Chancellor

Aged between 18 and 65 (only 4% are aged under 40)

They must be prepared to commit 26 half days a year (unpaid)

The position dates back to 1195 to Richard I when he appointed keepers of the peace.

For further information

http://www.judiciary.gov.uk/

http://www.magistrates-association.org.uk/

http://www.legislation.gov.uk/

http://www.bailii.org/

HD-PanelContent.pngHDRibbonContent-UniformTrim.pngHDRibbonContent-UniformTrim.pngClick to edit Master title style

Click to edit Master text styles

Second level

Third level

Fourth level

Fifth level

1/1/2000

HD-PanelTitleR1.pngHDRibbonTitle-UniformTrim.pngHDRibbonTitle-UniformTrim.pngClick to edit Master title style

Click to edit Master subtitle style

1/1/2000



Second level

Third level

Fourth level

Fifth level

1/1/2000



1/1/2000



Second level

Third level

Fourth level

Fifth level


Second level

Third level

Fourth level

Fifth level

1/1/2000




Second level

Third level

Fourth level

Fifth level



Second level

Third level

Fourth level

Fifth level

1/1/2000


1/1/2000

HD-PanelContent.pngHDRibbonContent-UniformTrim.pngHDRibbonContent-UniformTrim.png1/1/2000



Second level

Third level

Fourth level

Fifth level


1/1/2000


Click icon to add picture


1/1/2000


Click icon to add picture


1/1/2000



1/1/2000




1/1/2000



1/1/2000




1/1/2000




1/1/2000



Second level

Third level

Fourth level

Fifth level

1/1/2000



Second level

Third level

Fourth level

Fifth level

1/1/2000

Documents

Judicial roles