Judiciary of England and Wales
Encyclopedia
There are various levels of judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...

 in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

— different types of courts have different styles of judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

s. They also form a strict hierarchy
Hierarchy
A hierarchy is an arrangement of items in which the items are represented as being "above," "below," or "at the same level as" one another...

 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
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...

 are generally given more weight than district judges sitting in County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...

s 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).

By statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

, judges are guaranteed continuing judicial independence
Judicial independence
Judicial Independence is the idea that the judiciary needs to be kept away from the other branches of government...

.

The following is a list of the various types of judges who sit in the Courts of England and Wales
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...

:

Lord Chief Justice and Lord Chancellor

Since 3 April 2006 the Lord Chief Justice has been the overall head of the judiciary. Previously he was second to the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...

, but that office lost its judicial functions under the Constitutional Reform Act 2005
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom. It provided for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of...

.http://www.opsi.gov.uk/acts/acts2005/20050004.htm The Lord Chief Justice is also the head of the Criminal Division of the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...

. 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 report
Law report
Law reports or reporters are series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.The term reporter was...

s, the Lord Chief Justice is referred to as (for example) "Smith LCJ" or "Lord Smith CJ", and the Lord Chancellor as "Smith C".

In court, the Lord Chief Justice wears a black damask gown with gold lace along with a short wig during criminal cases and the black civil gown with gold tabs during civil cases. Ceremonially, the Lord Chief Justice wears the red robe with white trim along with a gold chain and full wig.

The Lord Chancellor, no longer a judge, simply wears the black damask gown with gold lace and full wig during ceremonial occasions.

Heads of Division

There are four Heads of Divisions — the Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...

, the President of the Queen's Bench Division
President of the Queen's Bench Division
The President of the Queen's Bench Division is the head of the Queen's Bench Division of the High Court of Justice. The current President is Sir John Thomas....

, the President of the Family Division
President of the Family Division
The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales. The Family division was created in 1971, out of the former Admiralty Court and probate courts into the then Probate, Divorce and Admiralty Division.As of 13 April 2010,...

 and the Chancellor of the High Court
Chancellor of the High Court
The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. Before October 2005, when certain provisions of the Constitutional Reform Act 2005 took effect, the office was known as the Vice-Chancellor...

.

The Master of the Rolls is head of the Civil Division of the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...

. The other Heads are in charge of the three divisions of the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...

.

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".

In court the Heads of Division wear a black damask gown with gold lace along with a short wig during criminal cases and the black civil gown with gold tabs during civil cases. Ceremonially, the Heads of Division wear red gowns with white trim along with full wigs except for the Master of the Rolls who wears the black damask gown with gold lace and full wig.

Court of Appeal

Judges of the Court of Appeal are known as Lords Justices
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...

, 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".

Formerly, Lords Justices of Appeal could only be drawn from barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

s of at least 10 years' standing. In practice, much greater experience was necessary and, in 2004, calls for increased diversity
Diversity (politics)
In the political arena, the term diversity is used to describe political entities with members who have identifiable differences in their backgrounds or lifestyles....

 among the judiciary were recognised and the qualification period was changed so that, as of 21 July 2008, a potential Lord Justice of Appeal must satisfy the judicial-appointment eligibility condition on a 7-year basis.

See also the list of Lords Justice of Appeal.

The Lord Justices wear black silk gowns and court coats (or bar jackets) and short wigs during criminal cases and the black civil robe with gold tabs for civil cases. For ceremonial occasions, they wear the full wig and black damask gown with gold lace.

High Court

High Court judges are not normally Privy Counsellors. 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".

High Court justices normally wear a short wig along with red and black gowns for criminal cases, and a civil robe with red tabs for civil cases. The exception to this is justices in the family division who wear formal suits. Ceremonially, all High Court justices wear the red gown with white trim along with a full wig.

Circuit Judges

Unlike the more senior 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}. e.g. His Honour Judge John Smith. Circuit judges are addressed as "Your Honour", unless sitting in the Central Criminal Court (the Old Bailey), in which case addressed as "My Lord (Lady)." Senior circuit judges who sit as the honorary recorder of a borough or city are also entitled to be addressed in court as "my lord/lady." In law reports, circuit judges are referred to as "HHJ Smith," or simply, "Judge Smith."

Formerly, Circuit Judges could only be drawn from barristers of at least 10 years' standing. However, in 2004, calls for increased diversity among the judiciary were recognised and the qualification period was changed so that, as of 21 July 2008, a potential Circuit Judge must satisfy the judicial-appointment eligibility condition on a 7-year basis.

For criminal cases, circuit judges wear a violet and black gown with a red sash and short wig and for civil cases exchange the red sash for a lilac one. Circuit judges sitting in civil proceedings no longer wear wigs, wing collars, or bands. Ceremonially, they wear black robes with a purple trim and a full wig.

Recorders

A Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...

 is a part-time circuit judge, usually a practicing barrister or solicitor. Recorders are addressed in court in the same way as circuit judges (as 'Your Honour'). There is no formal abbreviation for the position and recorders are referred to as 'Mr/Mrs Recorder Smith' (as opposed to circuit judges, who can be referred to as 'HHJ Smith' in judgments, law reports or other legal documents).

Formerly, Recorders could only be drawn from barristers of at least 10 years' standing. However, in 2004, calls for increased diversity among the judiciary were recognized and the qualification period was changed so that, as of 21 July 2008, a potential Circuit Judge must satisfy the judicial-appointment eligibility condition on a 7-year basis.

The senior circuit judge in a metropolitan area will often be given the honorary title of the Recorder of the city – e.g. the Recorder of Manchester. Despite still being circuit judges, these recorders are addressed in court as 'Your Lordship/Ladyship' as if they were High Court judges.

Masters and Registrars

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
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...

 by a full High Court judge. Masters (who may be male or female) are addressed simply as Master. 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
King's Remembrancer
The Queen's Remembrancer is an ancient judicial post in the legal system of England and Wales. Since the Lord Chancellor no longer sits as a judge, the Remembrancer is the oldest judicial position in continual existence...

 (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
Hague Service Convention
The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention, is a multilateral treaty which was signed in The Hague on 15 November 1965 by members of the Hague Conference on Private International Law...

 and Hague Evidence Convention
Hague Evidence Convention
The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters -- more commonly referred to as the Hague Evidence Convention, is a multilateral treaty which was drafted under the auspices of the Hague Conference on Private International Law. The treaty was negotiated in 1967 and...

 and receiving agency under the EU Service Regulation - Council Regulation (EC) No. 1348/2000
Council Regulation (EC) No. 1348/2000
Council Regulation No. 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters is a European Union regulation in the field of judicial cooperation. It allows service of judicial documents from one member state to another...

 and EU Taking of Evidence Regulation - Council Regulation (EC) No. 1206/2001
Council Regulation (EC) No. 1206/2001
Council Regulation No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters is a European Union regulation in the field of judicial cooperation. It allows taking of evidence from one member state to another without...

. The Senior Master is assisted in this role as Central Authority by the Foreign Process Section of the Queen's Bench Action Department at the Royal Courts of Justice.

In spite of their title the Bankruptcy Registrars of the High Court sit in Bankruptcy and in the Companies Court. They hear and dispose of almost all the insolvency and companies cases heard in the High Court, including trials (i.e. cases arising under the Insolvency Act 1986, the Company Directors Disqualification Act 1986, the Companies Acts and related legislation).

Masters and Registrars are not referred to by an abbreviation in the law reports, and appear as "Master Smith" or "Mr/Mrs Registrar Smith".

Formerly, Masters and Registrars could only be drawn from barristers and solicitors of at least 7 years' standing. However, in 2004, calls for increased diversity among the judiciary were recognised and the qualification period was changed so that, as of 21 July 2008, a potential Master or Registrar must satisfy the judicial-appointment eligibility condition on a 5-year basis.

District Judges

"District Judge" is the title given to two different categories of judges. One group of District Judges sit in the County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...

, having previously been known as County Court Registrars until the Courts and Legal Services Act 1990
Courts and Legal Services Act 1990
The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and Courts of England and Wales...

. The other group sit in the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...

s 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
Courts Act 2003
The Courts Act 2003 is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's in England and Wales...

). Judges in both groups are addressed as "Sir" or "Madam". In law reports, referred to as "DJ Smith".

Formerly, District Judges could only be drawn from barristers and solicitors of at least 7 years' standing. However, in 2004, calls for increased diversity among the judiciary were recognised and the qualification period was changed so that, as of 21 July 2008, a potential District Judge must satisfy the judicial-appointment eligibility condition on a 5-year basis. From November 2010 other types of lawyer, such as Legal Executives (ILEX Fellows), also became eligible to be District Judges.

Deputy District Judges

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".

Formerly, Deputy District Judges could only be drawn from barristers and solicitors of at least 7 years' standing. However, in 2004, calls for increased diversity among the judiciary were recognised and the qualification period was changed so that, as of 21 July 2008, a potential Deputy District Judge must satisfy the judicial-appointment eligibility condition on a 5-year basis and so that other types of lawyer, such as Legal Executives(ILEX Fellows), would also be eligible.

Magistrates

Laymen drawn from the community who generally sit in threes in order to give judgment in Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...

s and Youth Court
Youth justice in England and Wales
Youth justice system in England and Wales comprises the organs and processes that are used to prosecute, convict and punish persons under 18 years of age who commit criminal offences...

s. 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
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...

).

Judicial salaries

There are nine pay points for judges in England and Wales. The following is a simplified list of the salaries with effect from 1 April 2010, 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 Ministry of Justice.
  • Group 1: Lord Chief Justice
    Lord Chief Justice of England and Wales
    The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...

    , £239,845
  • Group 1.1: Master of the Rolls
    Master of the Rolls
    The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...

     and President of the Supreme Court, £214,165
  • Group 2: Justices of the Supreme Court
    Justice of the Supreme Court of the United Kingdom
    Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the President and Deputy President. The Supreme Court is the highest in the United Kingdom for civil matters, and for criminal matters from England and Wales and Northern Ireland...

    , Deputy President of the Supreme Court
    Deputy President of the Supreme Court of the United Kingdom
    The Deputy President of the Supreme Court of the United Kingdom is the second most senior judge of the Supreme Court of the United Kingdom, after the President of the Supreme Court...

     and several other appointments, £206,857
  • Group 3: Lord Justices of Appeal
    Lord Justice of Appeal
    A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...

     and certain others, £196,707
  • Group 4: High Court Judges
    High Court of Justice
    The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...

     and certain others, £172,753
  • Group 5: Numerous specialist appointments, including Senior Circuit Judges, £138,548
  • Group 6.1: Circuit Judges and several other appointments, £128,296
  • Group 6.2: Numerous specialist appointments, £120,785
  • Group 7: District Judges, Chairmen of Employment Tribunals, and several other appointments, £102,921


Judges also have a pension scheme, which is considered to be one of the most generous in the British public sector.

See also

  • Courts of England and Wales
    Courts of England and Wales
    Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...

  • Judicial titles in England and Wales
    Judicial titles in England and Wales
    -Lords of Appeal in Ordinary:-Heads of Division and Court of Appeal:-Lords Justices of Appeal:-High Court judges:-High Court masters and registrars:-Other judges:-Historic judicial titles:-References:* * * , Newcastle Law School...

  • Judiciary of the United Kingdom
    Judiciary of the United Kingdom
    The Judiciary of the United Kingdom is not a single body. Each of the separate legal systems in England and Wales, Northern Ireland and Scotland have their own judiciary....

  • Judiciary of Hong Kong
    Judiciary of Hong Kong
    The Judiciary of Hong Kong is responsible for the administration of justice in Hong Kong. It hears all prosecutions and civil disputes, including disputes between individuals and the government. It is fundamental to Hong Kong’s legal system that members of the judiciary are independent of the...


External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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