Here are some key points about whether certain areas protect or challenge judicial independence: Art 6 of the ECHR - Protects independence by enshrining the right to an independent tribunal in human rights law. MoJ budget covering courts - Could potentially challenge independence if the government uses funding as leverage over judicial decisions. However, in practice the funding is administered independently. JAC appointments - Aims to protect independence by removing political influence through an independent commission. However, some argue the executive still has too much influence over appointments. Removal of judges - Provides security of tenure through the strict removal process, protecting independence. However, political influence over the disciplinary process could potentially challenge independence. So in summary,

1. Exam Challenge:
Describe how it is decided in which court a criminal trial of an adult offender
will be heard. [18]
18 minutes
Area of the law to
include?

2. Mark Scheme:
Highlight the levels which you have achieved on this question.
Level First Part: Second Part:
Types of Offences Pre-trial procedures
4 Identifies all three types of 8-9 Full explanation of the mode of trial 8-9
offences, the court(s) in which procedure, including the plea, plea
they are heard, and gives an before venue and the role of the
example of each. Magistrates.
3 Identifies at least two types of 6-7 Adequate explanation of the mode of 6-7
offences, the court(s) in which trial procedure, which may mention
they are heard, and give an some combination of the plea/plea
example before venue/Magistrates
2 Identifies at least one type of 3-5 Limited explanation of the mode of 3-5
offence, the court(s) in which trial procedure, which may have
they are heard and gives an significant gaps but shows some
example understanding of the procedure
1 Begins to identify at least one 1-2 Very limited explanation of the mode 1-2
type of offence/court or of trial procedure or plea before
example venue, which shows significant gaps in
knowledge.

3. Mock Feedback
Answer the question asked, not the
question you want to see
Marking annotations: Do not just copy from the source
= incorrect Include a clear example and LTS in
question B
= irrelvant
 European Communities Act 1972
C = case
 5 points well explained and
V = vague illustrated
LTS = link to source Four well discussed points
( ) = sort of Illustrate and explain your points
Revise
 Dangerous Dogs Act 1991 ARGHH!

4. Separation of Powers
No one branch to have all the power
Each should check and balance the
power of the others
AO2 Thinking:
Can you think of any problems in our
system with this so far?

5. What are those checks and balances?
Check Which branch is Which branch is
checked? doing the checking?
Parliamentary
legislation is supreme
Judicial Review of
Government’s
decisions
Vote of no confidence
Lord Chancellor may
object to the selection
of judges
Members of the army
cannot sit in the
House of Commons

6. What problems still remain...
Remember: our system has developed over time... And so isn’t a perfect one!
The government also sit in Parliament – either as MPs or in the House of Lords
The government tend to have a large majority, and so can pass any Acts they wish
The budget for the courts is also that for the prisons and is controlled by the Ministry
of Justice
The courts can issue a declaration of incompatibility under the Human Rights Act 1998
and even declare a national act invalid if it conflicts with EU law.
Most of the legislation is done through delegated legislation (orders in council, statutory
instruments etc.)
Judges can create new precedent e.g. Re A or R v R 1991
Judges can use the purposive approach to give effect to the ‘spirit of the law’.

7. Constitutional Reform Act 2005
Two problems solved(ish)
Extension: Have the problems really been solved?

8. Judges
Look at the following names of judges… can you put them in order of seniority?
Extn: Can you identify the court(s) in which they sit?
Supreme Supreme Court
Circuit Judges Superior Judges
Court Justices
High Court Lord Justices
Court of Appeal
Judges of Appeal
High Court High court (or
Recorders
Judges Court of Appeal)
District Judges Crown and/or Inferior Judges
Circuit Judges
(MC) County courts
Supreme Crown and/or
Recorders
Court Justices County courts
District Judges District Judges County Court
Lord Justices District Judges Magistrates Court
of Appeal (MC)

9. Let’s start at the top
Supreme Court Justices
12 (sit in panels of 5,7 or 9)
 “Lord… Qualification?
Using everything that you have learnt over the
“high judicial office”
year… what is their role in the UK Legal OR
system? Senior Court Qualification
for at least 15 years
What’s wrong with the
photo?

10. Lord Justices of Appeal
What can you tell me about the
work of the CA?
Qualified lawyer
with at least 7
years rights of
audience in
supreme courts;
or
Existing High
 Master of the Rolls (Civil) Court Judge
 Lord Chief Justice (Criminal)

11. Settler:
What’s the word?
R
Superior Inferior Court of first instance
Appellate Supreme Court

12. Now, before we begin...
Separation of Powers Dominoes

13. High Court Judge
Sit in one of three divisions... Or the CC... Or the CA...
What are they?
What can you tell me about the work of the HCJ?
Civil Criminal
Qualified lawyer with at least 7 years right s of audience in HC;
or
Circuit Judge for at least 2 years

14. Circuit Judges
Sit in the or
In civil cases they sit a jury and decide
whether C has proved his case or not and decide
on the remedy which may include . Qualified lawyer with at least 7
years rights of audience;
In a criminal case they sit a jury. The Or
judge decides all matters of and after
conviction they also decide on the . Experience as a recorder, district
judge or tribunal judge

15. Recorders
They are part-timers
They are fee-paid rather than salary
Sit mostly in the Crown Court and hear
fairly straightforward crime cases.
Some sit in the civil or family courts as
well.
They are required to sit for between 15
and 30 days every year with at least one
ten-day continuous period. The
appointment is for an initial five-year
period, extendible for further
successive five year terms up to the
retirement age of 65.
Qualified lawyer for at least 7 years experience
Generally is a recorder-in-training first for 2-3 years
AO2 Linking:
What advantages are there for a practising lawyer
to become a recorder rather than full-time judge?

16. District Judges
Type One: Type Two:
Magistrates Court … err normal type!
Alternative to: Their work involves: dealing with civil
disputes such as personal injury cases, claims
for damages and injunctions
Many district judges will also deal with
Powers: bankruptcy petitions, as well as the winding
up of insolvent companies.
They will also deal with small claims.
They sit in the County Courts
Qualified lawyer for at least 5 years (rights of audience);
or
Been a Deputy District Judges*

17. An alternative qualification?
“To try and broaden the people applying to be judges”
(so they’re not all old white men!) they have broadened the qualification
Tribunals, Court and Enforcement Act 2007.
This aims to widen those who can become judges, for example, by getting
providing an alternative to the rights of audience qualification, and reducing the
amount of experience from 7 to 5 years (or 10-7)
The new
‘judicial-appointment eligibility condition’.
You will have to show that:
you have possessed a relevant legal qualification;
for the requisite period; and
that whilst holding that qualification you have been gaining legal experience.

18. Snowball thinking...
You all have a piece of A5 paper with the questions below on it. You have 2
minutes to comment on the questions. Then screw it up and throw!
Do we need an alternative to the
other qualifications?
Why should a judge have to have
practised as a lawyer first?
Which type of judges do you think it
applies to?
Should we expand it further?
Why might it broaden the type of
people applying to be a judge?

20. So when I’m a judge..
What training do I get?
“The Judicial College ensures that high quality
training is provided to enable judicial office-
holders to carry out their duties effectively
and in a way which preserves judicial
independence and supports public confidence
in the justice system”
The Judicial College's activities fall under three main
headings:
Initial training for new judicial office-holders and those
who take on new responsibilities.
Continuing professional education to develop the skills and
knowledge of existing judicial office-holders.
Delivering change and modernisation by identifying training
needs and providing training programmes to support major
changes to legislation and the administration of justice.
What does the college think about itself?
http://martinpartington.com/2012/03/02/educating-judges-the-judicial-college-interview-with-lady-justice-hallett/

21. The Selection Process
“Appoint on merit, with aim of encouraging diversity.”
Recommend to
Advertisment & Consulation Lord Chancellor
Application
 LCJ  Who put forward and
 Good character why?
Qualities and abilities  Person with experience of
References (not all your post
choice!)
Paper sift or Selection Day
Qualifying test
 Interviews
 Are you suitable? Do you May include
have the skills? situational questioning
 analysing case Evidence of qualities
Role play Aiming for the top
studies, identifying issues
“Joined up thinking”
and applying the law. How might this approach affect the theory of
separation of powers?

22. What qualities do you need to be a judge?
Use what you know about judges to explain why these qualities are
essential to a judge.
1. Intellectual capacity
2. Personal qualities
• Integrity and independence of mind
• Sound judgement
• Decisiveness
• Objectivity
• Ability and willingness to learn and
develop professionally
• Ability to work constructively with
others.
3. An ability to understand and deal
fairly
4. Authority and communication skills
5. Efficiency

23. Could you be a judge?
This is a sample from a district judge test
SCENARIO A – CHARLIE
Charlie appears before the Court charged with common assault on his partner Tracey. Tracey and Charlie had been
living together for three years. That evening Tracey was at home with their two year old daughter Amy, when Charlie
came back from the pub. He had forgotten his key and began banging on the front door with such force that he
cracked the glass panel. He demanded to be let in and called Tracey a “fat slag” and saying it was his flat and she
should let him in. Fearful that he would completely wreck the door, Tracey left Amy on the settee and opened the
door, whereupon Charlie pushed her back into the lounge and held her against a wall by her throat. He said that he
had heard from his mates in the pub that she had been going with another man and he was going to teach her a
lesson. Alerted by the screams of Amy, a neighbour came round and Charlie ran from the flat.
The Police are called and take photographs of the damaged door and of red marks to Tracey's neck. Tracey then goes
with a police officer for a drive around the area where she picks Charlie out. He is arrested and taken to the Police
Station where he makes a no comment interview. Tracey makes a statement. The police crime report indicated that
there have been three previous complaints by Tracey alleging assaults on her by Charlie. These have resulted in no
further action as she has not wished to press charges.
You convict Charlie who loudly protests his innocence in court
and abuses you and Tracey.
Question 9
 What are the significant factors affecting sentencing?
 Would you adjourn for a report?
 What sentence would you impose? Give reasons.

24. What about the Supreme Court?
The two appointments were made by the Queen at the
recommendation of the prime minister and lord chancellor,
following the recommendation of an independent selection
commission. The commission consulted across each of the
supreme court's three UK jurisdictions.
Lord Phillips, the president of the supreme court, said: "I am
very pleased to welcome these appointments. The
independent selection commission considered a strong field
of candidates who applied following open advertisement of
the vacancies.
"Lord Justice Wilson will prove a valuable asset to this court
as another judge with a family law background, whose skill
and knowledge has shone through all his judgments at the
court of appeal for England and Wales.
"Jonathan Sumption is widely acknowledged to be one of this
country's leading advocates. He has demonstrated incisive
intellectual rigour throughout his years as a barrister.
"These appointments reflect the fact that the pool of legal
talent from which the highest court in the land can draw was
deliberately widened by parliament when it created the
supreme court. I am very much looking forward to working
There is a similar approach to the heads alongside two new justices of such considerable calibre."
of division and CA judges (except that
goes to LC not PM)

25. Has JAC worked?
Last three appointments (and
the shortlist!) to the Supreme
Court all white male barristers.
“Since 1998 there has been gradual but slow
progress in the percentage of women and Job-sharing?
Black, Asian and Minority Ethnic (BAME)
members of the judiciary. The latest An alternative career path?
published figures for April 2011 indicates
that the percentage of women within the  Who’s at university?
courts based judiciary has increased to
22.3%, while 5.1% were BAME.4 Within the
most senior courts judiciary (High Court and
above) the percentage of women is 13.7%, Student thinking:
while the percentage of BAME is 3.1%. This Read the articles and write a
compares with most recent estimates of response…
women representing around 51% of the
population and BAME groups representing Plus once you have read the articles,
12% of the population.” decide what you think the strongest
two argument is, put it on a post-it
and pop it on the board.
Stretching yourself:
Thinking back to the start of the course...
Where else has race and gender affected law?
How does this compare?

26. STOP! Time for a check
How good is your understanding?
Analyse whether the TCE 2007 has made an effective
A change to the qualifications necessary to be a judge.
B Evaluate whether the current make-up of the judiciary
properly reflect society?
C Describe the civil jurisdiction of the High Court
Identify one problem with the current operation of
D separation of powers
Identify the three areas a democracy should be divided
E into.

27. How do we get rid of them?
“Security of tenure through good behaviour”
Can we ‘sack’ a judge?
Removal due to Inferior: Courts Act 1971
infirmity
Superior: Acts of Settlement 1700
Retirement
Resignation

28. Lord Chancellor and Lord Chief Justice are in
charge of disciplining the judiciary
What can Reprimand Removal from
they do? Office
Resign during Guidance Issued Formal Warning
investigation
Additional Formal Advice Suspension
Training

29. Judicial Independence
This is the theory that a
judge should be free to
make the best decision on
the facts and law of the
case, free from outside Institutional
pressure. independence
It links strongly to
Separation of Powers
Thinking…
Why do judges need this Decisional
independence? independence
Can you think of any evidence
from the other areas we have
looked at that they have it?

30. Do these protect or challenge our
judges’ independence?
Area Protect or How and Why?
Challenge
Art 6 of the ECHR says that a trial must be able in an “independent and
impartial *court+”
The Ministry of Justice’s budget covers both the courts and the prisons
Judges have absolute immunity from being sued following Sirros v Moore
Judges cannot be members of a political party or the House of Commons
Judges have security of tenure (means that they can keep their jobs so long as
they don’t commit a criminal offence)
The Constitutional Reform Act 2005 explicitly says that the government is not
allowed to influence the judges
Judges’ salaries come from an independent consolidated fund
Judges may have ambition and want to be promoted
Members of the Supreme Court cannot sit in the House of Lords
Judges are often asked to undertake inquiries into decisions or actions which
may involve the government e.g. the Hutton inquiry into the death of Dr Kelly
or the Leveson inquiry
Even if they are not members of a political party, they may still be members of
interest groups e.g. Amnesty International

31. Consolidation:
Do we have judicial independence?
You are going to write two
paragraphs…
One arguing we do and one arguing
we don’t.
Mock feedback
Remember to include detail and
development in your argument!

32. Approaching an exam question…
A slightly different idea!
Describe the theory of the separation of powers using examples to illustrate your
answer. [18]
What can you tell me about how to answer this?
Plan:

33. Discuss why the theory of the separation of powers is important to judicial
independence. [12]
What can you tell me about how to answer this?
Plan:
Now you have 30 minutes…
Write it up!

34. PART A Mark Scheme
Highlight the level you think your work has hit
Level Separation of How it works My Assessment:
Powers A = something you have
Four All three are well Student clearly explains at done amazingly
explained and defined, least three checks in
with clearly described detail, which are clearly
examples included. described with examples
Three At least two are clearly Student clearly explains at B= something that could
explained, though the least one check and refers
be better
exact details may be vague to at least two or three
on the third, or it may lack others with some
an example. description.
Two Either only one of the Student refers to some of
areas is clearly explained, the checks, but they are C = how confident are
or the explanation is vague vague, or only a couple in you in the skills required
number. to be successful in the
Has listed the three areas, Student may have referred question.
One
but no explanation to ‘checks and balances’
but lacks any detail

35. PART B Mark Scheme
Highlight the level you think your work has hit
This is slightly different
My Assessment:
0  Any statements or ‘bald points’ A = something you have
done amazingly
1  Point + reason =1
2  Point + reason + illustration/more detail – 2
B= something that could
 Point + reason + illustration/more detail + be better
3
contradiction – 3
4  Point + reason + illustration/more detail +
contradiction + illustration/more detail – 4 C = how confident are
you in the skills required
Add up the total points. to be successful in the
question.
But: Can not get above 7 without at least one 3 point
discussion.

36. Finally…
Hidden in the wordsearch are 10 key terms. Can you find them
and define them?
Careful... Some of the terms are in bits!
Word Means Word Means
The people in
charge of
appointing
judges
Judges who sit in
the HC, CA and
SC
Theory that Theory which
says that says that judges
judges should should be able
be physically to make the best
separate from decision on the
the other facts, not
branches of influence
government
Head of the
judges and
responsible for
their discipline