Some of these problems will be overcome when (or if) a Supreme Court is created.
The Constitutional Reform Act 2005 has made four major changes to the role of Lord Chancellor, these changes mean;
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S/he no longer sits as a judge
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S/he no longer heads the judiciary
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S/he no longer takes the central role in the process of appointing judges
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S/he no longer automatically becomes speaker of the House of Lords
The Lord Chancellor remains as the head of the Ministry for Constitutional Affairs but his or her powers and links to the judiciary have been removed to satisfy the principle of the separation of powers.
Types of Judges
Superior Judges
The Lords of Appeal in Ordinary (The Law Lords) sitting in the House of Lords
The Lords Justices of Appeal sitting in the Court of Appeal
High Court Judges (Also known as Puisne Judges) sitting in the High Court
They also hear the most serious cases in the Crown Court.
The Key Judicial Posts
The Lord Chancellor - Head of the House of Lords
The Lord Chief Justice - President of the Criminal Division of the Court of Appeal
The Master of the Rolls - President of the Civil Division of the Court of Appeal
The President of the Queens's Bench Division - Head of the QBD of the High Court
The President of the Family Division - Head of the Family Division of the High Court
The Chancellor of the High Court - Head of the Chancery Division of the High Court
Inferior Judges
Circuit Judges sitting in the Crown Court and County Court
Recorders who are part-time judges and sit in the Crown Court & sometimes in the County Court
District Judges who hear cases in the County Court usually in the Small Claims Track
To find out more about the different types of judges and the types of cases they hear visit the website of the judiciary of England and Wales by click
here
Qualifications of Judges
These are set out in the Courts and Legal Services Act 1990
The basic qualification to become a judge is that you must have qualified as a barrister or solicitor. Each type of judge has different qualifications af follows;
Lords of Appeal in Ordinary (Law Lords)
Usually appointed from those holding high judicial office either in the English Court of Appeal or in the equivalent courts in Scotland or Northern Ireland. Must have held a Supreme Court qualification for at least 15 years.
Lord Justices of Appeal
Must have a 10 year high Court Qualification or be an existing High Court Judge.
High Court Judges
Must have had the right to practice in the High Court for at least ten years or been a Circuit Judge for at least two years.
Circuit Judges
Must either have had rights of audience in the Crown or County Court for at least 10 years or have been a Recorder.
Recorder
Must have practised as a barrister for at least 10 years.
District Judges
Must have a 7 year general qualification as either a barrister or a solicitor.
Selection of Judges
To see how judges are selected visit the website of the Judicial Appointments Commission by clicking
here
Criticisms of the Judiciary
Background
Judges are felt to be unrepresentative of the society they serve; the majority are white, male, upper class and elderly.
Appointment
The appointment process is said to be dominated by politicians (the Prime Minister, Lord Chancellor), is too secretive, and discriminates against those who are not from the 'usual' background of the present judiciary.
Training
The work of our judiciary is extremely important and it is felt they receive far too little training.
Political Bias
The judiciary is felt to have a right wing bias and to be pro-establishment and conservative. Academics such as Griffiths point to cases such as Attorney-General v Guardian Newspapers Limited (1987) to support this view.
Bias Against Women
It is argued that our judiciary have outdated and old fashioned views towards women. This is particularly so in cases involving sexual offences. For example, the comments of Cassell J in 1990 that a man who had sexual intercourse with his 12-year-old stepdaughter was understandably driven to it by his pregnant wife's loss of interest in sex.
For more on the topic of the judiciary and bias against women see Helena Kennedy's book Eve Was Framed
Lack of Time
A major concern is that British judges are not given enough time to read the papers concerning a case before the trial or appeal takes place. For example, Court of Appeal judges are only given four reading days per month when they can do their legal research. The rest of the time they are expected to be hearing cases. Compare this with the USA where some appellate judges only hear cases on four days each month.
