The judicial system:
The judicial system is made up of all of the judges, who work in the UK courts.
The role of a judge depends on the case, because in civil cases, the judge
reviews evidence and decides the legal issues concerning its admissibility, they
also provide a reasoned decision of which party they favour. If the defendant is
held liable, the judge will decide the number of damages awarded. In criminal
cases, a judge will keep order in the court room, summarise the evidence to the
jury and explain relevant legal rules. If the accused is found guilty, the judge will
decide the sentence they will receive. In appeal cases, judges have a ‘role
making role’ through precedent and statutory interpretation. They also have the
power of overturning previous decisions.
The hierarchy of judges is:
Supreme Court: Law Lords, Lord justice
Court of Appeal: Lord Justice, Mr Justice, Circuit judges
High Court: Lord Justice, Circuit Judges
Crown Court: Mr Justice, Circuit Judge, Recorder
County Court: Circuit Judge, District Judge
Family Court: Recorder
Magistrates Court: District Judge, Law Magistrates
There are two types of judges, the superior judges and the inferior judges.
-Superior judges sit in the Supreme Court, the Court of Appeal and the High
Court. These judges are the Justices of the Supreme Court, The Lord Justices of
Appeal in the Court of Appeal, and High Court Judges. The head of the judiciary is
the Lord Chief Justice.
-Inferior judges are Circuit Judges who sit in both the Crown Court and the County
Court, Records (part time judges) who usually sit in the Crown Court, Tribunal
Judges and District Judges, who sit in the Magistrates Court.
Explanation of the different types of judges:
Recorders (inferior):
-Part time judges, who are appointed for 5 years.
-They are mainly used in the Crown Court for criminal cases.
-On occasions they sit at County Courts to assist with civil cases.
District judges (inferior):
-They sit in the County Court for claims on the small track (under £10,000).
-They also hear larger value cases.
-In the Magistrate’s Court they try criminal cases.
-They sit on their own and have the role of deciding facts and law.
-If the defendant is guilty, they decide the sentence
Circuit judges (inferior):
-They sit in the County Court to hear civil cases.
-For criminal cases they sit in the Crown Court.