Judiciary

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1
What is the judiciary?
Refers to all the different types of judges working within the legal system. Judges operate across both civil and criminal courts, though those at higher levels of the court hierarchy have the flexibility to sit in either jurisdiction depending on where their expertise is needed.
The primary function of judges is to adjudicate - decide on matters of law. In criminal cases, they decide on whether the law has been broken, and in civil cases, they resolve disputes between parties.
2
What are the types of judges?
Inferior judges work in the Crown Court and below. These include Circuit Judges, Recorders, and District Judges who handles cases at the lower level of the court structure.
Superior judges serve in the High Court and above. These include High Court Judges, Lord Justices of Appeal and Justices of the Supreme Court.
3
What does the Supreme Court do?
The most senior judges in the country. The court is led by the President of the Supreme Court. They hear appeals on points of law in civil and criminal cases. Their decisions set binding precedents on lower courts.
4
What does the Court of Appeal do?
The Lord Justices of Appeal sits in this court. The Criminal Division is headed by the Lord Chief Justice, whilst the Civil Division is headed by the Master of Rolls. In criminal cases, they hear appeals against convictin and/or sentence. In civil cases, they hear appeals about findngs of liability.
5
What does the High Court do?
Known as Puisne judges. It is further divided into three divisions.
Chancery Division: Chancellor of the High Court
Family Division: President of the Family Division
Queen's Bench Division: President of the Queen's Bench Division
These judges hear large-value, first instance civil cases where they decide on liability and appropriate remedies. They also hear appeals from lower courts, in both civil and criminal matter.
6
What does the Crown Court do?
For the most serious criminal cases, High Court Judges may sit in the Crown Court. Circuit Judges handles most Crown Court cases. Recorders are part time judges who assist with the workload. Crown Court judges hear complex and serious criminal cases alongside a jury. They also hear appeals from the Magistrates' Court.
7
What does the County Court do?
Circuit Judges and Recorders hear most County Court cases. District Judges hear small claims track cases.
These judges hear civil cases and make decisions on liability and remedies.
8
What do Magistrates' Courts do?
District Judges are profressional, legally qualified judges who hear low to medium-level criminal cases. They decide both verdict and pass sentences. They also handle some civil matters, including family work and license renewals.
9
What do tribunals do?
Tribunal Judges are specialists in particular areas of laws. The tribunal system is headed by the Senior President of Tribunals. They hear cases on specific civil issues, such as employment disputes, immigration appeals and tax matters.
10
What is judicial independence?
It ensures that judges make decisions based solely on the law and evidence before them, without interference from external sources. This independence protects the integrity of the legal system and safeguards individuals right.
11
What is security of tenure?
Several long-established principles that protect judges from improper removal or government control:
1. Judges must not be under the control of the government.
2. Judges cannot be removed simply because a new government comes to power.
3. Individual judges are protected from criticism of parliamentary debates.
Judges must retire by the age of 70 and serve for at least 5 years.
12
When do judges get removed from the office?
Judges get removed for misconduct or incapacity.
High Court judges and Court of Appeal judges removal requires a petition to the Crown following an address appointed to both HoL and HoC.
For Supreme Court judges, the Constitional Reform Act 2005 allows judges to appear before a tribunal.
13
What is immunity from suit?
A protection established in the case of Sirros v Moore. This means they cannot be sued or prosecuted for any actions they take whilst properly performing their judicial duties. If judges could make decisions based on fear of personal liability rather than law and evidence.
14
What is the Independence from the Executive?
The executive refers to the UK's democratically elected government. A fundamental principle of the English Legal System is that the judiciary must remain seperate from government control. This principle is known as the seperation of powers doctrine.

In courts, judges must be completely independent from external pressures to ensure defendants receive fair trials.
15
What sources of pressure must judges resist?
1. The executive
2. Parliament
3. Other judges
4. Pressure groups
5. Personal interests
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