JUDICIARY
Learning objectives
◦ Understand the qualifications, selection and appointment, training,
role, retirement and removal of judges.
◦ Explore and explain the independence of the judiciary.
◦ Be able to evaluate the role of judges and their independence.
The judiciary
There are a number of different types of judges in England and Wales.
◦ They are an independent arbiter.
◦ Superior judges will have law-making powers.
◦ Superior judges sit in:-
➢ Supreme Court
➢ Court of Appeal
➢ High Court
o Inferior judges sit in:-
➢ Crown Court
➢ County Court
➢ Magistrates Court
Qualifications
◦ Changes were made to this in the Tribunals, Courts and Enforcement
Act 2007.
◦ Solicitors and barristers can now apply for judicial posts in all courts.
◦ They are no longer required to have had rights of audience in the
court where they will sit as judge.
Supreme Court
Lord Justices of the Supreme
Court
• There are currently 12
Supreme Court judges
• They must have held a
high judicial officer for at
least 2 years or;
• From those that who have
been a solicitor or barrister
for at least 15 years.
Court of Appeal
Lord Justices of the Appeal
Court
• There are currently 42
Court of Appeal judges.
• They must have been a
solicitor or barrister for at
least 7 years.
• In reality they are
appointed from existing
High Court judges.
High Court
High Court Judges
• Must have been a solicitor
or barrister for at least 7
years or have been a
circuit judge for at least 2
years.
Circuit judges
High Court Judges
• Must have been a solicitor
or barrister for at least 7
years or;
• Be a Recorder or;
• Have been a District judge
for at least 3 years.
Recorders
• Must have been a solicitor
or barrister for at least 7
years.
District Judges in County or
Magistrates Court
• Must have been a solicitor
or barrister for at least 5
years.
Role of the judiciary task
◦ [Link]
◦ Supreme court judge-
◦ [Link]
◦ A day in the life of a Court of Appeal Judge -
◦ [Link]
[Link]
◦ A Day in the life of a High Court Judge -
[Link]
◦ A day in the life of a circuit judge
◦ [Link]
◦ Recorder-
◦ [Link]
judiciary/judges/recorder/
◦ District judge-
◦ [Link]
[Link]
A job for life?
1. What is security of tenure?
2. At what age must a judge retire?
3. When can a judge be dismissed and where are the powers for this?
4. Find examples of judges being removed from post.
5. Why do you think it is so difficult to remove a judge from his post?
Selection and Appointment
1. How long do you think someone should have been a barrister or a
solicitor for before they are appointed to the judiciary?
2. Why is selection of the judiciary no longer done by the Lord
Chancellor?
3. Who is now responsible for selection of the judiciary?
4. Find their website and see what vacancies they have.
5. Rate the judicial qualities from one to five with one being the most
important to you.
6. What is the process for appointment?
7. Would you reject an applicant with penalty points on his driving
licence? Why?
8. Why are judicial appointments made by the King?
9. Who trains judges and how much training do they get?
A day in the life of a Supreme
court judge
[Link]
1. Now you have completed your notes you can summarise them
in your fact sheet on page 26.
2. Use page 28 of your booklet to help you complete your evaluation
tables on pages 32 and 33 of your booklet.
Separation of powers
The three primary functions
of the state must be kept
separate to safeguard
citizens and prevent
dictatorship.
This theory was tested in the
case against the Prime Minister
Read the case against Boris Johnson
and watch the judgment by Baroness
Hale which looked at whether the
prorogation of Parliament was lawful.
[Link]
49810261
How did this case go against the
separation of powers?
Independence of the jury
1. Use pages 29 to 31 in your booklets to complete the table on
independence of the jury.
1. Now you have completed your notes you can summarise them
in your fact sheet on page 27.
2. Use page 31 of your booklet to help you complete your evaluation
tables on page 34 of your booklet.