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  1. 1. Types of Judges Inferior and Superior By Mrs Hilton
  2. 2. Overview  Inferior judges:  Circuit Judges  District judges  Recorders  Superior Judges:  High Court Judges  Lord Justices of Appeal
  3. 3. Circuit Judges Inferior Judges District Recorders judges
  4. 4. High Court Judges Superior Judges Lord Justices of appeal
  5. 5. Superior profile: High Court Judges The 106 High Court judges  currently appointed in England and Wales deal with the more complex and difficult cases. High Court judges usually sit  in London, but they also travel to major court centres around the country as well as sitting in London. They try serious criminal  cases, important civil cases and assist the Lord Justices to hear criminal appeals. High Court judges are given the prefix 'the honourable', and referred to as 'Mr/Mrs Justice surname '.
  6. 6. High court judges: Where they sit High Court judges are  assigned to one of the three divisions of the High Court - the Chancery Division, the Queen's Bench and the Family Division. Also known as Puisne Judges, Which means inferior in rank. (Pronounced Puny!)
  7. 7. High Court: Queen’s Bench Division The Queen's Bench  deals with contract and tort (civil wrongs), judicial reviews and libel, and includes specialist courts: the Commercial Court, the Admiralty Court and the Administration Court. The Queen's Bench consists of about 60 judges, headed by the Lord Chief Justice.
  8. 8. High court: Chancery Division The Chancery Division deals  with company law, partnership claims, conveyancing, land law, probate, patent and taxation cases, and consists of 17 High Court judges, headed by the Chancellor of the High Court. BUT!! In reality is headed by the vice Chancellor so that a politician is not sitting at court. The division includes three  specialist courts: the Companies Court, the Patents Court and the Bankruptcy Court. Chancery Division judges  normally sit in London, but also hear cases in Cardiff, Bristol, Birmingham, Manchester, Liverpool, Leeds and Newcastle.
  9. 9. High Court: Family Court division The Family Division,  which deals with family law and probate cases, consists of about 15 judges headed by the President of the Family Division.
  10. 10. Superior Profiles - Court of Appeal Judges The Court of Appeal is based at the Royal Courts of Justice in  London, but has occasional sittings elsewhere in England and Wales. It consists of a Civil Division and a Criminal Division, which  between them hear appeals in a wide range of cases covering civil, family and criminal justice. In some cases a further appeal lies, with leave, to the House of  Lords, but in practice the Court of Appeal is the final court of appeal for the great majority of cases.
  11. 11. Heads of Division 1 The judges of the Court of   Appeal are the “Heads of Division” the Lord Chief Justice of 1. 2  England and Wales, the Master of the Rolls, 2. the President of the Queen‟s 3. Bench Division, 3  the President of the Family 4. Division the Chancellor of the High 5. Court) 4  the Lords Justices of 6. Appeal, whose title is “Lord/Lady Justice. 5  What do you notice about the judges? 6. 
  12. 12. The Keeper or Master of the Rolls and Records of the Chancery of England Known as the Master of the Rolls, is the third most senior judge of England and Wales, the Lord Chancellor of Great Britain traditionally being first and the Lord Chief Justice second. With the Constitutional Reform Act 2005 removing the Lord Chancellor from the judiciary and designating the Lord Chief Justice head of the judiciary in England and Wales, the Master of the Rolls may be said to rank after him and the Senior Law Lord, who will take the title President of the Supreme Court. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal and since the 2005 reforms is known as the Head of Civil Justice.
  13. 13. Master of the Rolls cont... The title of the office derives  from the fact that originally, the office-holder was a clerk responsible for keeping the quot;Rollsquot;, or records, of the Chancery court. The post eventually evolved into a judicial one, but the Master still retained his clerical functions The present Master of by serving as the nominal head of the Public Record Office up the Rolls is Sir Anthony until 1958. However the Public Clarke, who succeeded Records Act of that year Lord Phillips of Worth transferred responsibility for the Matravers, now Senior PRO from the Master of the Lord of Appeal in Rolls to the Lord Chancellor. Ordinary, on 1 October The Master of the Rolls is also  2005. responsible for registering solicitors, who are officers of the Supreme Court.
  14. 14. Court of Appeal Civil division 1 The Civil Division hears  appeals from the High Court, county courts and certain tribunals such as the Employment Appeal Tribunal and the Immigration Appeal Retired Gurkha soldiers salute a Tribunal. Its President is photograph of Queen Elizabeth II outside the Asylum and Immigration the Master of the Rolls. Tribunal on April 15, 2008 in London. The Tribunal is hearing an appeal by Cases are generally heard 15 British Army Gurkha soldiers over by three the Government's refusal to allow them to settle in the United Kingdom. judges, consisting of any Gurkhas who retired before July 1997 are automatically allowed to stay, but combination of the Heads 2000 soldiers in Nepal have been refused the right of settlement in the of Division and Lords UK. Justices of Appeal.
  15. 15. Court of Appeal - Civil Division 2 The Civil Division of the Court of Appeal hears  appeals from all Divisions of the High Court and, in some instances from the County Courts and certain tribunals. The Civil Division is presided over by the Master of the Rolls, the Right Hon Sir Anthony Clarke. Bringing an appeal is subject to obtaining  „permission‟, which may be granted by the court below or, more usually, by the Court of Appeal itself. Applications for permission to appeal are commonly determined by a single Lord Justice, full appeals by two or three judges. The Civil Division of the Court Appeal also deals with family cases.
  16. 16. Court of appeal – Criminal Division The Criminal Division  hears appeals from the Crown Court. Its President is the Lord Chief Justice. Again, cases are  generally heard by three judges, consisting of the Lord Chief Justice or the President of the Queen‟s Bench Division or one of the Lords Justices of Appeal, together with two High Court Judges or one High Court Judge and one specially nominated Senior Circuit Judge.
  17. 17. What else do Lords Justices of Appeal do? The Heads of Division  and Lords Justices of Appeal also sit on occasion with one or more High Court Judges in the Divisional Court, which hears appeals to the High Court from magistrates‟ courts and certain judicial review cases at first instance. Lord Justice Richards
  18. 18. Judicial Profiles - Circuit Judges Some circuit judges  deal specifically with criminal or civil cases, while some are authorised to hear public and/or private law family cases. They can hear cases at  the Crown Courts or County Courts Mercantile: Concerned with the There are 6 Circuits in  exchange of goods for profit the UK.
  19. 19. Circuit judges Some circuit judges  may be asked by the Lord Chief Justice (the head of the judiciary in England and Wales) to sit in the Criminal Division of the Court of Appeal. There are currently over  600 circuit judges throughout England and Wales. Not him again!!!
  20. 20. Circuit judges - Where they sit Circuit judges are  appointed to one of six regions of England and Wales and sit in the Crown and County Courts within their particular region.
  21. 21. How to become a circuit judge Circuit judges must be lawyers who have held a 'right of  audience' (the right to appear in court as an advocate) for at least ten years, and must also have served either part- time as a recorder on criminal cases or full-time as district judges on civil cases before they can be appointed. Some circuit judges have been appointed as senior  circuit judges, taking on additional responsibilities, for example the running of the largest court centres. They are appointed by The Queen, on the  recommendation of the Lord Chancellor, following a fair and open competition administered by the Judicial Appointments Commission. Some judges sit part-time in retirement andspeaks on behalf of An advocate is one who are known as  Deputy Circuit Judges. another person, especially in a legal context
  22. 22. Inferior Profiles - District Judges The work of district  judges involves a wide spectrum of civil and family law cases such as claims for damages and injunctions, possession proceedings against mortgage borrowers and property tenants, divorces, child proceedings domestic violence injunctions and insolvency proceedings.
  23. 23. District judges - Where they sit District judges are full-time judges who deal with the  majority of cases in the county courts. They are assigned on appointment to a particular  circuit and may sit at any of the county courts or district registries of the High Court on that circuit. A district registry is part of the High Court situated in  various districts of England and Wales, dealing with High Court family and civil business. District registries are often co-located at county  courts when the District Judges sitting there will case manage High Court cases.
  24. 24. How to become a District Judge District judges are  appointed by The Queen, following a fair and open competition administered by the Judicial Appointment Commission, and the statutory qualification is a seven-year right of audience - the right of a lawyer to appear and speak as an advocate for In the autumn of 2009 the UK a party in a case in the Supreme Court will take up court - in relation to all residence in what is currently proceedings in any part of Middlesex Guildhall Crown the Supreme Court, or all Court. proceedings in county courts or magistrates' courts.
  25. 25. Who gets to be a district judge? The Lord Chancellor will  normally only consider applicants who have been serving Deputy District Judges for two years or who have completed 30 sittings in that capacity. There are currently 434 District Judges in post including 18 who sit in the Family Used to be called Stipendiary Judges Division of the High Court in London.
  26. 26. Recorders The position of recorder is  a fee paid post open to any fully qualified solicitor or barrister with at least 10 years practice before the Crown or county courts. Recorders are appointed  by The Queen on the recommendation of the Lord Chancellor, after a fair and open competition administered by the Judicial Appointments Commission. There are currently just  over 1,400 recorders in post.
  27. 27. Recorders – where they sit Recorders may sit in  both Crown and county courts, but most start by sitting in the crown court. Their jurisdiction is broadly similar to that of a circuit judge, but they will generally handle less complex or serious matters coming before the court.
  28. 28. Recordership – where it leads Recordership is often  the first step on the judicial ladder to appointment to the circuit bench. Appointments are for five years, and are usually automatically extended by the Lord Chancellor for further successive terms of five years.
  29. 29. What does a Recorder do? Recorders are required  to manage cases actively as well as to determine claims at trial. A recorder‟s duties  Jonathan Ferris include assisting the Jonathan has more than 25 years parties to prepare for experience as an advocate at trial and all appellate levels. The principal trial, presiding over focus of his work is in property court proceedings and (especially landlord and tenant), professional delivering judgments in negligence, employment both applications and law, insolvency and civil fraud, tracing and asset recovery. contested trials. Jonathan sits as a Recorder in both criminal and civil jurisdictions. He sits also as a chairman of the employment
  30. 30. Recorders are expected  to sit for at least fifteen days a year but not normally for more than thirty days a year. Recorders may choose whether to count training days as sitting days. Newly appointed A Royal Warrant will then be recorders have to attend a issued and the recorder‟s first Judicial Studies Board week of sitting will be supervised. Recorders also residential Civil Induction attend periodical continuation course and to sit in with a courses lasting two days circuit judge for one week. every three years.
  31. 31. Judicial Studies Board The JSB is directly responsible for training full and part-  time judges in England and Wales, and for overseeing the training of Lay magistrates and chairmen and members of Tribunals. An essential element of the philosophy of the JSB is that the training of judges and magistrates is under judicial control and directions. The Judicial Studies Board was set up in 1979, following the Bridge Report which identified the most important objective of judicial training as being quot;To convey in a condensed form the lessons, which  experienced judges, have acquired from their experience...quot;. This remains the essence of the JSB's role. A Circuit  Judge, currently Judge John Phillips, is seconded to the JSB full-time as Director of Studies.
  32. 32. Recorders – Civil Recorders Civil sit  as fee-paid judges in county courts.  Some Recorders Civil may also be authorised to deputise for specialist civil Circuit Judges
  33. 33. Civil recorders The statutory jurisdiction  of a Recorder is in general identical to that of a Circuit Judge, although the usual practice is that Recorders do not hear appeals from District Judges. The jurisdiction covers  almost the whole field of civil law and is mostly concurrent with that of the High Court. In addition, a number of statutes confer exclusive jurisdiction on the county courts.
  34. 34. Recorder civil Cases Cases listed  before a Recorder Civil may include disputes in the fields of housing, commerci al landlord and tenant, contract, to rt and personal injury.
  35. 35. Recorders These are part time  judges Good way for a solicitor or  a Barrister to get a taste of the job Good way for the Lord  Chancellor to gather data on if they will make a competent judge. Position reviewed every 5  years Spend some hours as a  judge rest being solicitor or barrister
  36. 36. Civil Justice Revision 1 Civil justice in England  and Wales is mainly dealt with in the county courts and, in the case of more complex cases, the High Court. The jurisdiction covers a  very wide range - from quite small or simple claims, for example damaged goods or recovery of debt, to large claims between multi- national companies.
  37. 37. Civil Justice Revision 2 Most civil disputes do not  end up in court, and those that do often don‟t go to a full trial. Many are dealt with  through mediation or by using established complaints procedures. But where a case does go through the courts, the aim is to make it as simple as possible. For smaller claims there is  a speedy and cheap way of resolving disputes - through the small claims court.
  38. 38. Civil Justice Revision 3 Judges in the civil  jurisdiction do not have the power to imprison a losing party. Ordinarily, but not  always, they award financial 'damages' to the successful party, the size of which depends on the circumstances of the claim.
  39. 39. Task Read the notes on Judges and create a mindmap of  the Judiciary