1. The Judiciary
What do judges do?
How they become one?
Do we have separation of powers?
How do judges maintain their independence?

2. What’s the word?
Too easy? Can you spot the odd one out and explain why!
negligence contract
misconduct service

3. Can you apply your learning?
Reason your response using what you have learnt this lesson.
Your Great Aunt Betty has died. You were told that she had left
you her house, and have a letter which she sent to her solicitors
saying this, but her will was not updated.
Do you have an action?
You were involved in a nasty car accident. You instructed your
solicitor to take action, and they said that they would with a
maximum fee of £2000. However, they have sent you a bill for
£10,000 for work done.
Do you have an action?
You discover that the barrister who accepted instructions has no
experience in this complicated area of the law and is unfamiliar
with it. You have lost your case.
Do you have an action?
Your solicitor has asked a barrister for advice on the possible
submission of key evidence in your claim. The barrister
concluded that it was not valid. You have lost the case, but
discovered that the evidence was legally vaild.
Do you have an action?

4. Legal Services Act 2007
Reform of the law
In 2004, the Clementi report was published, which looked at how to update the legal profession,
to make sure it offered clients a better deal. It also looked at how to provide a clearer, more
independent complaints system. The LSA implemented some of those changes.
What did it propose?
Create an independent complaints service supervised by the Legal Services Board to supervise the
regulation of lawYERS.
New independent ombudsman heading the Office for Legal Complaints. (Now known as the Legal
Ombudsman)
The representative and regulatory functions are to be separated.
Legal Disciplinary Practices (LDP) & Alternative Business Structures [‘Tesco Law’] (ABS)

5. One recent development:
Alternative Business Structures
Allows lawyers and non-lawyers to set up businesses together.
Licence given out by BSB or SRA, and recommended to Lord
Chancellor
Will replace Legal Disciplinary Practices (LDP)
Student Task:
Read the enclosed article, use
your brain and answer the two
questions:
1. What is Tesco law?
2. What are the arguments for
and against the change to the
current structure?
Aim for at least three for each side.

6. Before we start...
Can you summarise the last topic?

7. 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?

8. What are those checks and balances?
Check Which branch is
checked?
Which branch is
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

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

10. Starter:
What’s the word?
Court of first instance
R
Superior Inferior
Appellate Supreme Court
Before we even start looking at the topic, can you identify the key words?

11. 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’.

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

13. 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
Court Justices
Lord Justices
of Appeal
District Judges
Recorders
High Court
Judges
Circuit Judges
District Judges
(MC)
Superior Judges
Inferior Judges
District Judges
(MC)
District Judges
Recorders
Circuit Judges
High Court
Judges
Lord Justices
of Appeal
Supreme
Court Justices
Supreme Court
Court of Appeal
High court (or
Court of Appeal)
Crown and/or
County courts
County Court
Magistrates Court
Crown and/or
County courts

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

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

16. 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
High Court Judge

17. Circuit Judges
Qualified lawyer with at least 7
years rights of audience;
Or
Experience as a recorder, district
judge or tribunal judge
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 .
In a criminal case they sit a jury. The
judge decides all matters of and after
conviction they also decide on the .

18. Recorders
Qualified lawyer for at least 7 years experience
Generally is a recorder-in-training first for 2-3 years
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.
AO2 Linking:
What advantages are there for a practising lawyer
to become a recorder rather than full-time judge?

19. District Judges
Type One:
Magistrates Court
Type Two:
… err normal type!
Their work involves: dealing with civil
disputes such as personal injury cases, claims
for damages and injunctions
Many district judges will also deal with
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*
Alternative to:
Powers:

20. 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.

22. 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”
What does the college think about itself?
http://martinpartington.com/2012/03/02/educating-judges-the-judicial-college-interview-with-lady-justice-hallett/
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.

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

24. What qualities do you need to be 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
Use what you know about judges to explain why these qualities are
essential to a judge.

25. Could you be a judge?
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.
This is a sample from a district judge test

26. 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
alongside two new justices of such considerable calibre."There is a similar approach to the heads
of division and CA judges (except that
goes to LC not PM)

27. Has JAC worked?
“Since 1998 there has been gradual but slow
progress in the percentage of women and
Black, Asian and Minority Ethnic (BAME)
members of the judiciary. The latest
published figures for April 2011 indicates
that the percentage of women within the
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%, while the percentage of BAME is
3.1%. This compares with most recent
estimates of women representing around
51% of the population and BAME groups
representing 12% of the population.”
Last three appointments (and
the shortlist!) to the Supreme
Court all white male barristers.
Job-sharing?
An alternative career path?
 Who’s at university?
Student thinking:
Read the articles and write a
response…
Plus once you have read the articles,
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?

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

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

30. 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
pressure.
It links strongly to
Separation of Powers
Thinking…
Why do judges need this
independence?
Can you think of any evidence
from the other areas we have
looked at that they have it?
Institutional
independence
Decisional
independence

31. Do these protect or challenge our
judges’ independence?
Area Protect or
Challenge
How and Why?
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

32. Consolidation:
Do we have judicial independence?
You are going to write two
paragraphs…
One arguing we do and one arguing
we don’t.

33. 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:

34. PART A Mark Scheme
What have you got to do to hit the mark?
Level Separation of
Powers
How it works
Four All three are well
explained and defined,
with clearly described
examples included.
Student clearly explains at
least three checks in
detail, which are clearly
described with examples
Three At least two are clearly
explained, though the
exact details may be vague
on the third, or it may lack
an example.
Student clearly explains at
least one check and refers
to at least two or three
others with some
description.
Two Either only one of the
areas is clearly explained,
or the explanation is vague
Student refers to some of
the checks, but they are
vague, or only a couple in
number.
One Has listed the three areas,
but no explanation
Student may have referred
to ‘checks and balances’
but lacks any detail
Student Task:
Write up one of your
points, and annotate
it to demonstrate
how it meets the
criteria.

35. Discuss why the theory of the separation of powers is important to
judicial independence. [12]
Plan:
Example Point:
Separation of powers ensures that no one branch of government holds
all the power. So, the members of the Supreme Court are no longer
members of the parliamentary House of Lords and so not entitled to
make law as well as enforce it. This should prevent them making
political decisions in cases, and instead providing the most appropriate
interpretation of the law for each case. However, those Justices who sat
on the old court are still members, and so are not completely
independent until they are all replaced.

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