Judges

Training & Dismissal

TrainingTraining of Judges is carried out by “Judicial Studies Board” – set up in 1979

Most of the training is focussed at the lower end of the judicial scale – aimed at recorders

Once a ‘lawyer’ has been appointed as a recorder in training they go on a 1 week course, then shadow an experienced judge for a week.

Criticisms

Very short training process

Even if all are experienced lawyers, does not mean have the experience of summing up to jury or sentencing

No compulsory training given to new High Court Judges, although invited to attend course

Human Awareness Training

1993 – Judicial Studies Board recommended that training should include racial awareness courses.

This was accepted by the Lord Chancellor, and now also includes training in gender awareness and disability issues.

Example – trained that asking a non-Christian for Christian name can be seen as offensive

Should there be a career Judiciary?

In many continental countries becoming a judge is a career choice, made by students once they have their basic legal qualifications.

They usually do not practice as a ‘lawyer’ first.

Once qualified they will sit in junior posts and work their way up the judicial ladder.

The two main advantages of this system are:

1) The average age of judges is much lower, especially in the bottom ranks

2) Judges have had far more training in the specific skills they need as judges

The main disadvantage is that judges may be seen as too closely linked to the government. In this country judges are generally considered as independent from the government

TASKThe class is to be split into three teams. Each team is to research, and then prepare a presentation that will be delivered to the rest of the class on one of the following topics:

The Theory of the Separation of Powers

Judicial Independence

Tenure of Judges