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The British Judiciary

The British Judiciary. The Court System. Hierarchy of courts (lower or inferior courts and high or superior courts) Criminal and civil division. Inferior courts. County courts (civil) Magistrates’ courts (criminal) Crown court (criminal). Superior courts. The Supreme Court of the UK

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The British Judiciary

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  1. The British Judiciary

  2. The Court System • Hierarchy of courts (lower or inferior courts and high or superior courts) • Criminal and civil division

  3. Inferior courts • County courts (civil) • Magistrates’ courts (criminal) • Crown court (criminal)

  4. Superior courts • The Supreme Court of the UK • The Court of Appeal (civil and criminal division) • The High Court of Justice (three divisions – Queen’s Bench, Family and Chancery division)

  5. Judges • Justices of the Supreme Court • Lord Justices of Appeal • Puisne judges (High Court of Justice) • Circuit judges • Recorders • District judges • Justices of the Peace (Magistrates’ courts)

  6. Lord Chancellor before 2005 • Prior to the Constitutional Reform Act of 2005, the Lord Chancellor combined executive, judicial and legislative roles – he was the minister of Justice (executive), head of the judicial committee of the House of Lords and responsible for judicial appointments (judicial) and Speaker of the House of Lords (legislative) • He decided about judicial appointments independently or together with the Prime Minister

  7. Constitutional Reform Act of 2005 • The Act reduced the role of the Lord Chancellor and extended the role of the Lord Chief Justice, constituted the Supreme Court of the UK (established in 2009) and abolished the Appellate Committee of the House of Lords as the highest court in the country

  8. Judicial appointment • The Courts and Legal Services Act of 1990 sets out the professional qualification needed to become a judge • Since 2005 the Judicial Appointments Commission has selected the judges

  9. The Judicial Appointments Commission • Set up under the Constitutional Reform Act of 2005 • Consists of 15 members • Selection is based on merit • The Commission recommends to the Lord Chancellor who should be appointed

  10. Inferior judges • District judges (County Court, Magistrates’ Court) • Recorders (County Court and the Crown Court – part-time judges ) • Circuit judges (County Court and/or Crown Court) • They are drawn from the ranks of solicitors or barristers with at least ten years of experience • Possible to advance from lower to more senior judicial offices

  11. Superior judges • High Court Judges or Puisne judges (High Court) – appointed in the three divisions: Queen’s Bench, Chancery court, Family court • Lord Justices of Appeal (the Court of Appeal) • Justices of the Supreme Court

  12. The Lord Chief Justice • Head of the judiciary for England and Wales • Presides over the Criminal Division of the Court of Appeal

  13. Training of judges • Organised by the Judicial Studies Board (JSB) • For most new judges there is a short residential course • Continuation seminars • Additional special training schemes for new areas of law

  14. Removal • Superior judges have the security of tenure that dates back to the Act of Settlement of 1701 – they can only be removed by the Monarch following a petition presented by both Houses of Parliament • Inferior judges can be dismissed by the Lord Chancellor for incapacity or misbehaviour

  15. Protection of judicial independence • Judges have immunity from being sued for anything they do in the course of their judicial duty • Judicial salaries are paid from the Consolidated Fund so there is no need for parliamentary authorisation • The security of tenure of superior judges

  16. Political activity • Judges are expected to abstain from political activity and be neutral when making their decisions

  17. The Lord Chancellor’s role • Appointed by the Prime Minister and can be dismissed by him/her • The Minister of Justice and an MP • He no longer acts as the head of the judiciary (now it is the Lord Chief Justice), nor sits as a judge • He has a role in appointing judges

  18. Recent changes • The Constitutional Reform Act of 2005 provided that the Lord Chancellor no longer needs to be a lawyer, that he/she can be a member of the House of Lords or the House of Commons • In 2007 Jack Straw became the first Lord Chancellor since the 16th century to sit in the House of Commons

  19. New Lord Chancellor • May 14, 2010 • Kenneth Clarke

  20. The Supreme Court • Established in 2009 • Replaced the former highest court in the country – the Appellate Committee of the House of Lords • Justices are now independent from Parliament

  21. Video • http://www.youtube.com/uksupremecourt

  22. Hierarchy of courts

  23. Thank you for your attention!

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