Sources
Help build the largest human-edited directory on the web.
Submit a site - Become an editor
Wikipedia. Licensed under the GNU Free Documentation License.
Are you an expert in this subject? Join the discussion and share your knowledge at Wikipedia.org.
Judiciary of England and Wales
From Wikipedia, the free encyclopedia
|
Law of England and Wales |
|
Administration |
|
Civil courts |
|
Criminal courts |
|
Criminal justice |
|
Barristers and solicitors |
There are various levels of judiciary in England and Wales — different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are generally given more weight than district judges sitting in County Courts and Magistrates. At 31 March 2006 there were 1,825 judges in post in England and Wales, most of whom were Circuit Judges (626) or District Judges (572). [1]
The following is a list of the various types of judges who sit in the Courts of England and Wales: [2]
Contents |
Since 3 April 2006 the Lord Chief Justice has been the overall head of the judiciary. Previously he was second to the Lord Chancellor, but that office lost its judicial functions under the Constitutional Reform Act 2005.[1] The Lord Chief Justice is also the head of the Criminal Division of the Court of Appeal. He was also President of the Queen's Bench Division of the High Court, but on becoming head of the judiciary that responsibility was transferred to a new office.
Although the Lord Chancellor is no longer a judge, he still exercises disciplinary authority over the judges, jointly with the Lord Chief Justice. He also has a role in appointing judges.
In law reports, the Lord Chief Justice is referred to as (for example) "Smith LCJ", and the Lord Chancellor as "Smith LC".
There are four Heads of Divisions — the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court. Each of these judges is entitled to be addressed as "the Right Honourable."
The Master of the Rolls is head of the Civil Division of the Court of Appeal. The other Heads are in charge of the three divisions of the High Court.
The Chancellor of the High Court is President of the Chancery Division of the High Court. (Until 2006 this role was nominally held by the Lord Chancellor, but was in practice delegated to the Vice-Chancellor. The Vice-Chancellor was renamed Chancellor of the High Court when the Lord Chancellor's judicial role was abolished.)
The Heads of Division are referred to in law reports as "Smith MR", "Smith P", "Smith P", and "Smith C" respectively. Vice-Chancellors from pre-2006 Chancery cases are referred to as "Smith VC".
Judges of the House of Lords are known as Lords of Appeal, they are also Privy Counsellors i.e. they sit on Privy Council of the United Kingdom. They are also addressed as the Right Honourable e.g. The Right Honourable Lord Smith, unless they rank in peerage higher than a Baron, in which case Lord would be replaced by their title. However, Dukes would be known simply as Duke. They are not referred to using an abbreviation in law reports, so will appear as "Lord Smith" or "Viscount Smith", etc.
Judges of the Court of Appeal are known as Lord Justices, and they too are Privy Counsellors. Before swearing in they may be addressed as The Honourable Lord Justice Smith, and after swearing in as the Right Honourable Lord Justice Smith. Female Lord Justices are only known as Lady Justices informally. Addressed as "My Lord" or "My Lady". In law reports, referred to as "Smith LJ", and, for more than one judge, "Smith and Jones LJJ".
See also the list of Lords Justice of Appeal.
High Court judges are not normally Privy Counsellors, and are only known as the Right Honourable if they are. High Court judges are therefore referred to as the (Right) Honourable Mr/Mrs Justice Smith. Addressed as "My Lord" or "My Lady". In law reports, referred to as "Smith J", and, for more than one judge, "Smith and Jones JJ".
Unlike the more important judges, Circuit Judges are referred to as His/Her Honour Judge {surname} e.g. His/Her Honour Judge Smith. If a circuit judge is appointed who has the same surname as another serving circuit judge, he (she) will be referred to as His (Her) Honour Judge {first name} {surname}. eg His Honour Judge John Smith. Addressed as "Your Honour", unless sitting in the Central Criminal Court (the Old Bailey), in which case addressed as "My Lord(Lady)". In law reports, referred to as "HHJ Smith".
A Recorder is a part-time circuit judge, usually a practising barrister or solicitor. Addressed as 'Your Honour' in Court and referred to as 'Mr/Mrs Recorder Smith'.
Also, the senior circuit judge in a metropolitan area. For example, the Honorary Recorder of Manchester. Addressed as 'Your Lordship/ Ladyship'. Recorders are not referred to by an abbreviation in the law reports, and appear as "Mr/Mrs Recorder Smith".
A Master is a level of judge in the High Court lower than that of a High Court judge. They are mainly responsible for case management pre-trial, and cases are then heard at trial by a full High Court judge. Masters (who may be male or female) are addressed simply as Master, and Registrars as Registrar. Each of the divisions has a senior Master who ranks above the other Masters, and each division has a different title. They are:
- Queen's Bench Division - Senior Master
- Chancery Division - Chief Chancery Master
- Costs Office - Senior Costs Judge
- Bankruptcy Court - Chief Bankruptcy Registrar
- Admiralty Court - Admiralty Registrar
The Senior Master of the Queen's Bench Division also holds the ancient judicial post of King's Remembrancer (Queen's Remembrancer when the monarch is female), and is also the Registrar of Election petitions and Foreign judgments as well as being the designated authority for the Hague Service Convention and Hague Evidence Convention and receiving agency under Council Regulation (EC) No. 1348/2000 and Council Regulation (EC) No. 1206/2001.
Masters and Registrars are not referred to by an abbreviation in the law reports, and appear as "Master Smith" or "Mr/Mrs Registrar Smith".
"District Judge" is the title given to two different categories of judges. One group of District Judges sit in the County Court, having previously been known as County Court Registrars. The other group sit in the Magistrates' Courts and were formerly known as Stipendiary Magistrates until the Access to Justice Act 1999. Members of this latter group are more formally known as "District Judge (Magistrates' Courts)" (see the Courts Act 2003). Judges in both groups are addressed as "Sir" or "Madam". In law reports, referred to as "DJ Smith".
A practising solicitor or barrister who sits part-time as a District Judge (who may be taking his first steps on the route to becoming a full-time District Judge). Retired District Judges may occasionally sit as Deputies. Addressed as "Sir" or "Madam". In law reports, referred to as "DDJ Smith".
Laymen drawn from the community who generally sit in threes in order to give judgment in Magistrates' Courts and Youth Courts. Addressed as "Sir" or "Madam" but often addressed as 'Your Worships' by the police and some lawyers. In law reports, referred to as "John Smith JP" (for Justice of the Peace).
There are nine pay points for judges in England and Wales. The following is a simplified list of the salaries with effect from 1 November 2007, showing only the most widely held grades and some of the best known specific appointments. A complete list of all the posts at each pay point can be found on the website of the Department for Constitutional Affairs. [2]
- Group 1: Lord Chief Justice, £230,400
- Group 1.1: Master of the Rolls and Senior Lord of Appeal in Ordinary, £205,700
- Group 2: Lords of Appeal in Ordinary and several other appointments, £198,700
- Group 3: Lords Justices of Appeal and certain others, £188,900
- Group 4: High Court Judges and certain others, £165,900
- Group 5: Numerous specialist appointments, including Senior Circuit Judges, £133,100
- Group 6.1: Circuit Judges and several other appointments, £123,200
- Group 6.2: Numerous specialist appointments, £116,116
- Group 7: District Judges, Chairmen of Employment Tribunals, and several other appointments, £98,900
Judges also have a pension scheme, which is considered to be one of the most generous in the British public sector.[3]
- ^ Alex, Allan (October 2006), "Department for Constitutional Affairs", Evidence to the Senior Salaries Review Body, HMSO, pp. 27-30, <http://www.dca.gov.uk/judicial/judgepay06.pdf>. Retrieved on 2007-12-15
- ^ Forms of address for the Judiciary. Judiciary of England and Wales. HMSO (2007). Retrieved on 2007-12-15.
- ^ Alex, Allan (October 2006), "Department for Constitutional Affairs", Evidence to the Senior Salaries Review Body, HMSO, pp. 5, <http://www.dca.gov.uk/judicial/judgepay06.pdf>. Retrieved on 2007-12-15