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The Judiciary of England and Wales

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The Judiciary of England and Wales THETHE JUDICIARYJUDICIARY OFOF ENGLANDENGLAND ANDAND WALESWALES XII SEMINARIO DE ESTUDIO COMPARADO DE SISTEMAS JUDICIALES Y DE COOPERACIÓN JUDICIAL JUDICIALES Y DE COOPERACIÓN JUDICIAL Águilas 2010 INTERNACIONAL A TRAVÉS DEL LENGUAJE JURÍDICO TheThe JudiciaryJudiciary ofof EnglandEngland andand WalesWales ÁguilasÁguilas 2010 2010 2 TheThe JudiciaryJudiciary ofof EnglandEngland && WalesWales ÁguilasÁguilas 2010 2010 3 CurrentCurrent LordLord ChiefChief JusticeJustice Sir Igor Judge ÁguilasÁguilas 2010 2010 4 LordLord ChancellorChancellor ((SecretarySecretary ofof StateState forfor JusticeJustice)) && LordLord ChiefChief JusticeJustice ÁguilasÁguilas 2010 2010 5 TheThe JudiciaryJudiciary ofof EnglandEngland && WalesWales “THE BENCH”: judges & magistrates sitting in court • Judges • Magistrates There are approximately 1,500 judges, nearly 30,000 magistrates, and nearly 2,250 fee-paid part-timers. ÁguilasÁguilas 2010 2010 6 TheThe JudiciaryJudiciary ofof EnglandEngland && WalesWales • Trial judges: ¾Magistrates. ¾Recorders. ¾District judges. ¾Circuit judges. ¾High Court Judges. ¾Court of Appeal Judges. • Procedural judges: masters, registrars, judges. ÁguilasÁguilas 2010 2010 7 TheThe JudiciaryJudiciary ofof EnglandEngland && WalesWales CourtofAppeal Judge:Court of Appeal. High Court Judge: Crown Court and Hight Court of Justice: (1) Puisne (not heads of division & not sitting at Court of Appeal); (2) Senior High Court Judge (sits at Court of Appeal). Circuit Judge: Crown Courts, County Courts and specialised divisions of High Court of Justice. District Judge: County Courts and Magistrates’ Courts. Recorder (part-time): Crown Courts and County Courts. Justices of the Peace (lay magistrates): Magistrates’ Courts, Youth Courts, Family Proceedings Courts. ÁguilasÁguilas 2010 2010 8 TheThe JudiciaryJudiciary ofof EnglandEngland && WalesWales ÁguilasÁguilas 2010 2010 9 TheThe JudiciaryJudiciary The start of the legal year is marked with a religious service in Westminster Abbey - in which judges arrive from the Royal Courts of Justice - followed by a reception at theHousesofParliament, hosted by the Lord Chancellor. http://www.youtube.com/watch?v=UHG1 uZhePIM ÁguilasÁguilas 2010 2010 10 TheThe JudiciaryJudiciary ofof EnglandEngland && WalesWales When judges are sworn in they take two oaths/affirmations: the oath of allegiance and the judicial oath, these are collectively referred to as “the judicial oath”. • Oath of allegiance “I, _________ , do swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law.” • Judicial oath “I, _________ , do swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of ________ , and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will.” ÁguilasÁguilas 2010 2010 11 NewNew JudicialJudicial roberobe • New Judicial civil robe. It incorporates coloured bands to identify seniority. Chosen colours: - Heads of Division and Appeal Court judges: gold. - High Court judges: red. - Circuit Judges (sitting as deputy High Court judges): lilac. - District Judges: blue. - Masters and Registrars: pink http://www.judiciary.gov.uk/about_judiciary/court_dress/examples/index ÁguilasÁguilas.htm#ddj 2010 2010 12 NewNew JudicialJudicial roberobe • Lord Phillips and Betty Jackson: new judicial robe. ÁguilasÁguilas 2010 2010 13 NewNew JudicialJudicial roberobe ++ nono wigswigs • Court of Appeal and High Court judges will no longer wear wigs, wing collars and bands when sitting in open court in civil and family proceedings. Barristers remain attached to traditional robe & wig. • http://www.elpais.com/articulo/internaciona l/jueces/britanicos/pierden/peluca/elpepuin t/20080514elpepuint_4/Tes ÁguilasÁguilas 2010 2010 14 TheThe JudiciaryJudiciary:: WigsWigs • Types of wigs: full- bottomed wig (ceremonial), bar wig and bench/tie wig. • http://www.ludlows.com.a u/ludlows/spitfire.jsp?c_i d=10001 ÁguilasÁguilas 2010 2010 15 MAGISTRATES ÁguilasÁguilas 2010 2010 16 TheThe laylay magistracymagistracy:: JusticesJustices ofof thethe PeacePeace • Laymen (no legal qualification BUT training before and during the time they hold office). • They sit in Magistrates’ Courts and Youth Courts. • British nationality NOT a requirement (Oath of Allegiance). • Appointed by Lord Chancellor on the advice of local committees. ÁguilasÁguilas 2010 2010 17 TheThe laylay magistracymagistracy:: JusticesJustices ofof thethe PeacePeace • Almost all (98%) criminal cases are dealt with by magistrates. Sitting in panels of three in Magistrates’ Courts. • Around 30,000 (as of April 2007). Unpaid but certain allowances to cover travelling expenses, subsistence and loss of earnings occasioned by the performance of their duties. • In court: Your Worship OR Sir / Madam. Correspondence: Name + Surname Esq. JP. ÁguilasÁguilas 2010 2010 18 RECORDERS ÁguilasÁguilas 2010 2010 19 RecordersRecorders • Barrister or solicitor of ten years’ standing. A five-year appointment. • Part-time Crown Court Judge (in County Courts too): normally they sit between 4 and 6 weeks a year; rest of the time Î private practice. • In court: Your Honour. Correspondence: His / Her Honour (QC if appropriate). ÁguilasÁguilas 2010 2010 20 RecordersRecorders JUDICIAL AND COURT STATISTICS REPORT 2007 “Recorders may sit in both the Crown Court and County Courts. Most Recorders start by sitting in the Crown Court, although after about two years they might be authorised to sit in the County Courts after a period of training. Some Recorders are appointed solely to deal with civil or family work.” ÁguilasÁguilas 2010 2010 21 DISTRICT JUDGES ÁguilasÁguilas 2010 2010 22 DistrictDistrict judgejudge ((dressdress)) ÁguilasÁguilas 2010 2010 23 DistrictDistrict judgejudge • Judges who sit in County Courts or Magistrates’ Courts. • Full-time judges. • Appointed by the Queen on the recommendation of the Lord Chancellor • In court: Sir / Madam. Correspondence: District Judge (Magistrates’ Courts) + Surname. • Deputy District Judges (part-time): practising solicitor or barrister sitting part-time as District Judge. • They may sit with lay magistrates or alone. ÁguilasÁguilas 2010 2010 24 DistrictDistrict judgejudge JUDICIAL AND COURT STATISTICS REPORT 2007 “District Judges are assigned on appointment to a particular circuit and may sit at any of the County Courts or District Registries of the High Court in 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.” ÁguilasÁguilas 2010 2010 25 CIRCUIT JUDGES ÁguilasÁguilas 2010 2010 26 CircuitCircuit judgejudge • Full ceremonial dress Ð ÁguilasÁguilas 2010 2010 27 CircuitCircuit judgejudge • Senior judges who sit in Crown Courts, County Courts and specialised divisions of HCJ. “Purple judges”. • In court: Your Honour. Correspondence: His / Her Honour (QC if appropriate). • April 1st 2005, HMCS: 7 regions instead of 6 circuits: Midlands, North West, North East, South East, London, South West and Wales and Cheshire. ÁguilasÁguilas 2010 2010 28 CircuitCircuit judgejudge JUDICIAL AND COURT STATISTICS “Circuit Judges are assigned to a particular circuit and may sit at any of the Crown and County Courts on that circuit. Normally Circuit Judges can hear both criminal and civil cases, although some exercise specialist civil jurisdictions or deal wholly or mainly with criminal cases.” ÁguilasÁguilas 2010 2010 29 HIGH COURT JUDGES ÁguilasÁguilas 2010 2010 30 HighHigh CourtCourt judgejudge Full ceremonial dressÎ ÁguilasÁguilas 2010 2010 31 HighHigh CourtCourt judgejudge:: newnew dressdress ÁguilasÁguilas 2010 2010 32 HighHigh CourtCourt judgejudge • Correspondence: The Hon. Mr(s) Justice Surname (1st judge with one surname called “Mr Justice Smith”; subsequent judges with that surname “Mr Justice John Smith”, “Mr Justice Robert Smith”, etc.). Female judges “Mrs.” regardless of marital status. • In court: My Lord / My Lady. • Barristers / solicitors / circuit judges with two years’ service in County Court. ÁguilasÁguilas 2010 2010 33 HighHigh CourtCourt judgejudge PUISNE JUDGES VS. SENIOR JUDGES • Puisne HC judge: any judge of the High Court other than the heads of each division and who does not sit at the Court of Appeal. • Senior HC judge: senior High Court Judge who sits at the Court of Appeal. ÁguilasÁguilas 2010 2010 34 HighHigh CourtCourt judgejudge • Recent reforms to court working dress (July 2007). No more wigs worn in civil cases: “After widespread consultation it has been decided to simplify this and to cease wearing wigs, wing collars and bands in the civil and family jurisdictions”. [Lord Chief Justice] ÁguilasÁguilas 2010 2010 35 COURT OF APPEAL JUDGES ÁguilasÁguilas 2010 2010 36 CourtCourt ofof AppealAppeal judgejudge • Lords Justices of Appeal. They are Privy Councillors. 37 as of April 2007. • Known officially as “Lord/Lady Justices”. • In court: My Lord / My Lady. Correspondence: The Right Honourable Lord / Lady Justice + Surname. ÁguilasÁguilas 2010 2010 37 DIVISIONAL HEADS ÁguilasÁguilas 2010 2010 38 DivisionalDivisional HeadsHeads • The Lord Chief Justice is the Head of the Judiciary for England and Wales and the President of the Court of Appeal Criminal Division. • The Master of the Rolls, who heads the civil branch of the Court of Appeal and is the Head of Civil Justice. • The President of the Queen’s Bench Division. • The President
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