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The Judiciary

Published on Nov 18, 2015

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PRESENTATION OUTLINE

THE JUDICIARY

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- Judiciary (when judges are spoken of as a group)
- Basic function: Judges are there to adjudicate on disputes in a fair, unbiased way, applying the legal rules of England and Wales

-No clear cut division between civil and criminal judges, as many judges at various levels are required to sit for both types of cases

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Types of judges:
- Superior judges (e.g Justices of Supreme Court, High Court Judges)
-Inferior judges (e.g Circuit Judges, Recorders)

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Qualifications
-Applicant must have relevant legal qualification and gained experience in law for a certain period
-Before 1990, only barristers could become superior judges

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-Court and Legal Services Act 1990 based qualifications on relevant advocacy qualification &allowed promotion from one level to another
-Allowed academic lawyers to become judges by removing previous need for them to have practiced as a lawyer

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Tribunals, Courts, & Enforcement Act
- Necessary to have relevant legal qualification to be judge
-Fellows of Institute of Legal Executives (ILEX), Registered Patents Attorneys & Trade Mark attorneys can apply for lower posts
-Widened ways in which applicants may have gained experience in law
-Reduced length of time a person has to work in law to become judge

Qualifications for each level of judge

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JUSTICES OF SUPREME COURT

  • Appointed from those who hold high judicial office (Judge in CA)
  • Or those who have been qualified to appearin senior courts for 15 years
  • Qualified to appear in Scotland & Northern Ireland courts for at least 15 years
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LORDS JUSTICES OF APPEAL

  • Must have been qualified as solicitor or barrister
  • Gained at least 7 years of experience in law
  • Have been existing High Court Judges
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High Court Judges
-qualified barrister/solicitor, gained experience in law for at least 7 years or to have been Circuit Judge for at least 2 years
-Deputy High Court Judges are also appointed

Circuit Judges

  • Barrister/ solicitor
  • At least 7 years experience in law/ Has been recorder
  • Usual route: Recorder > Circuit Judge

RECORDERS

  • Part time post
  • Barrister/Solicitor
  • 7 years legal experience
  • Recorder it training>Recorder
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DISTRICT JUDGES

  • Barrister/ Solicitor
  • 5 years legal exp/ been Deputy District Judge
  • Under Tribunals, Courts, and Enforcement Act 2007:
  • ILEX Fellows eligible to be appointed as Deputy District Judges
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TRIBUNAL JUDGES

  • G