El Poder Judicial...

4.- The Judiciary

- The U.K. English Court System (6k) esquema gráfico muy simple de los tribunales en Inglaterra y Gales
- The U.S.A.

Lord Chief Justice: Head of the judiciary in England and Wales

Lord Chief Justice of England and Wales

On 3rd April 2006, when the Constitutional Reform Act 2005 came into force, the Lord Chief Justice became head of the judiciary of England and Wales, a role previously held by the Lord Chancellor.

The Lord Chief Justice is also President of the Courts of England and Wales.

Key responsibilities

Under the Constitutional Reform Act 2005, the Lord Chief Justice has some 400 statutory duties. His key responsibilities include:

* Representing the views of the judiciary of England and Wales to Parliament and Government.
* The welfare, training and guidance of the judiciary in England and Wales within resources made available by the Lord Chancellor. The Lord Chief Justice discusses with Government the provision of resources for the judiciary.
* The deployment of judges and allocation of work in courts in England and Wales.

He also:

* Sits on important criminal, civil and family cases. He gives judgments and lays down practice directions in many of the most important appeal cases.
* Shares responsibility with the Lord Chancellor for the Office for Judicial Complaints, the body which investigates complaints made against judicial office holders.
* Chairs the Sentencing Guidelines Council, a public body designed to support sentencers in their decision-making, and encourage consistency in sentencing throughout the court system.
* Chairs the Judicial Executive Board and the Judges’ Council, two bodies which assist him in managing his responsibilities. Is also President of the Magistrates’ Association.
* Is President of the Courts of England and Wales and may hear cases in any English or Welsh court, including Magistrates’ Courts.

He and the senior judiciary are supported by a team of civil servants who form the Directorate of Judicial Offices.
Appointment

From now on Lord Chief Justices will be appointed by a special panel convened by the Judicial Appointments Commission. In practice, the Lord Chief Justice and Heads of Division are generally appointed from among Appeal Court judges - the Lords and Lady Justices - however the appointments can be made from the Judicial Committee of the House of Lords (the Law Lords).

The vast majority of civil trials do not involve a jury. The judge hears them on his or her own, deciding them by establishing facts, applying the relevant law, and then giving a reasoned judgment

Civil Justice

This section will give you a better understanding of the types of judge who deal with civil cases and the work they do.

Civil justice in England and Wales is mainly dealt with in the county courts and, in the case of more substantial or complex cases, the High Court. The jurisdiction covers a very wide range - from quite small or simple claims, for example damaged goods or recovery of debt, to large claims between multi-national companies.

Most civil disputes do not end up in court, and those that do often don’t go to a full trial. Many are dealt with through mediation or by using established complaints procedures. But where a case does go through the courts, the aim is to make it as simple as possible. For smaller claims there is a speedy and cheap way of resolving disputes - through the small claims court.

Judges in the civil jurisdiction do not have the power to imprison a losing party. Ordinarily, but not always, they award financial 'damages' to the successful party, the size of which depends on the circumstances of the claim.

Court of Appeal - Civil Division

The Civil Division of the Court of Appeal hears appeals from all Divisions of the High Court and, in some instances from the County Courts and certain tribunals. The Civil Division is presided over by the Master of the Rolls, the Right Hon Sir Anthony Clarke.

Bringing an appeal is subject to obtaining ‘permission’, which may be granted by the court below or, more usually, by the Court of Appeal itself. Applications for permission to appeal are commonly determined by a single Lord Justice, full appeals by two or three judges. The Civil Division of the Court Appeal also deals with family cases.

For more information information on about the Court of Appeal please visit www.civilappeals.gov.uk

High Court - Queen's Bench Division - Civil

The President of the Queen's Bench Division presides over that Division, which includes both its criminal and civil jurisdiction. Judges who sit in the Queen's Bench Division of the High Court deal with 'common law' business i.e. actions relating to contract except those specifically allocated to the Chancery Division, and civil wrongs (known as tort). They also hear more specialist matters, such as applications for judicial review

Examples of contract cases dealt with by Queen's Bench Division judges are failure to pay for goods and service and breach of contract.

Judges who sit in the Queen's Bench Division of the High Court deal with actions relating to various different types of tort. These include:

They also deal with matters that involve both contract and tort, such as personal injury cases which show negligence and breach of a contractual duty of care. Other cases dealt with may be crimes as well as torts, such as assault.

High Court judges who sit in these courts hear cases involving prolonged examination of technical issues, for example, construction disputes.

High Court - Chancery Division

The Chancery Division of the High Court is presided over by The Chancellor and around 20 High Court judges. There is some overlap with the Queen's Bench Division, however certain matters are specifically assigned to the Chancery Division.

The principal business of judges who sit in the Chancery Division is corporate and personal insolvency disputes, business, trade and industry disputes, the enforcement of mortgages, intellectual property matters, copyright and patents, disputes relating to trust property and contentious probate actions.

Most Chancery business is dealt with in the Royal Courts of Justice in London and in eight provincial High Court centres which have a Chancery jurisdiction.

Circuit Judges - Civil

Circuit Judges may deal solely with civil, family, criminal work, or divide their time between the three. Circuit Judges deal with a variety of civil and family cases and may specialise in particular areas of law, for example, commercial. Circuit judges generally hear claims worth over £15,000 or those involving greater complexity or importance.

Recorders – Civil

Recorders Civil sit as fee-paid judges in county courts. Some Recorders Civil may also be authorised to deputise for specialist civil Circuit Judges - for example in the Chancery Division, the Mercantile Court and the Technology and Construction Court

The statutory jurisdiction of a Recorder is in general identical to that of a Circuit Judge, although the usual practice is that Recorders do not hear appeals from District Judges. The jurisdiction covers almost the whole field of civil law and is mostly concurrent with that of the High Court. In addition, a number of statutes confer exclusive jurisdiction on the county courts.

Cases listed before a Recorder Civil may include disputes in the fields of housing, commercial landlord and tenant, contract, tort, personal injury or appeals from decisions of local authorities in respect of their exercise of their function regarding homelessness, (Part VII of the Housing Act 1996).

District Judge

District judges are full-time judges who deal with the majority of cases in the county courts of England and Wales.

Their work involves: dealing with civil disputes such as personal injury cases; claims for damages and injunctions; possession proceedings against mortgage borrowers and property tenants; and, claims for reasonable provision out of the estates of deceased persons. Many district judges will also deal with bankruptcy petitions, as well as the winding up of insolvent companies.

Deputy District Judges

A deputy district judge is appointed to sit in the county court or in a High Court District Registry to case manage and try civil, family, costs, enforcement and insolvency cases. They try small claims and fast track cases, family ancillary relief hearings, hear interim applications and make procedural directions preparing cases for trial. Their jurisdiction is broadly similar to that of a full time district judge although they have limited authority to deal with family cases involving children.

It is a fee-paid post open to any fully qualified and currently practising solicitor or barrister with at least 7 years’ experience. There is no minimum age limit for applying although a deputy must retire at 65.

Magistrates - Civil

Although most magistrates deal with criminal work, they also decide many civil matters, particularly in relation to family work. Magistrates' civil roles include dealing with cases such as non-payment of council tax.

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Family judges try to help both parties reach agreement, but where that is not possible, they will make a judgment based on evidence presented by the parties involved.

Family justice

This section sets out information about the work of the judiciary in the family courts.

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o District Judge (Magistrates' Courts)
o Magistrate - Family Proceedings Courts
High Court - Family
* Circuit Judge - Family
* District Judge - Family

The family justice system exists to help families avoid disputes as far as possible but also, if disputes or problems should arise, to enable them to resolve those problems quickly and with the minimum of pain caused to those involved. If at all possible the parties are encouraged to resolve their disputes out of court, for example through mediation – on the grounds that they are more likely to stick to any agreement if they themselves have had a role in formulating it.

When disputes do come to the courts, the cases are dealt with by magistrates and judges specially trained to deal with issues affecting families. These disputes often involve very difficult circumstances, for example relationship breakdown or child contact. Judges and magistrates work to make the circumstances of family disputes less adversarial and hearings can often be quite informal with, for example, all parties sitting around a table.

High Court - Family

Judges who sit in the High Court have jurisdiction to hear all cases relating to children and exercises an exclusive jurisdiction in wardship (see the glossary).

Judges in the High Court also hear appeals from family proceedings courts and cases transferred from the county courts or family proceedings courts.

Circuit Judge – Family

As the name suggests, family circuit judges deal solely with cases involving family matters.

District Judge – Family

District Judges are full-time judges who deal with the majority of cases in the county courts of England and Wales and so are heavily involved in family proceedings.

In the field of family law district Judges hear a cases such as divorce and those dealing with the welfare of children.

District Judge (Magistrates' Courts)

The role of a district judge (Magistrates' Courts) is to complement the work of the magistracy. They are legally qualified, salaried judges and they usually deal with the longer and more complex matters that come before magistrates' courts. They will sometimes sit alone, but mostly sit on the Bench with two other magistrates. District judges (Magistrates' Courts) also have jurisdiction to hear cases under the Extradition Acts and the Fugitive Offender Acts.

Magistrates - Family Proceedings Courts

Magistrates undergo extensive training before they sit in Family Proceedings Courts where procedures are very different from the criminal courts; the court setting is much more informal and ideally takes place with parties seated around a large table. Cases can be very emotional and upsetting for both parties.

There is usually a fair amount of reading as both parties file statements and reports.

Magistrates always provide written reasons and can be assisted with extra information provided by a childrens' guardian, usually a specialised social worker.

Tribunals deal with about 1 million cases a year, on a huge variety of issues such as disputes over tax, pensions or immigration.

Tribunals form part of the civil justice system. There are many different types of tribunal, each with a focus on a specific area of law, for example employment law, or immigration cases.

On 3 April 2006, the Tribunals Service was created. The new organisation brings together a large number of tribunals which will help to bring about a more common and consistent approach to the way in which tribunals perform their duties. Read more about the Tribunal Service.

Tribunals usually sit as a panel, incorporating a legally qualified tribunal chairman, as well as panel members with specific areas of expertise. There is no jury and a tribunal chairman does not have the power to imprison an unsuccessful party. Their main role is to try and bring about a successful resolution of the difficulties, and in some cases, to make a decision on the level of compensation or redress to be awarded to the successful party.

Many cases involve individuals putting their own case, without legal assistance, so the system needs to be accessible to all. Tribunal judges often help to ensure this, by guiding non-legally qualified parties through the necessary procedures, if necessary.

There are many different tribunals, covering a wide range of different areas affecting day-to-day life. A full list is set out in Schedule 14 of the Constitutional Reform Act 2005, but of those, only about 20 or so sit regularly. View the list of Tribunals .

Tribunal president

The President is responsible for the day-to-day judicial administration of their tribunal. They act as a vital link between the Senior President of the Tribunals Service, the judicial officers of their tribunal, and the senior judiciary outside the Tribunals Service (especially in the case of Presidents who are High Court Judges). Read more about Tribunal President.

Tribunal Chairmen or Tribunal Judges

Tribunal panel member

Panel members, also known as lay members are non-legal representatives on tribunals. Their role is to provide specialist knowledge to the tribunal. Read more about Tribunal panel member.

Asylum and Immigration Judges

Asylum and Immigration Tribunal Judges hear and determine appeals within set time limits and are responsible for delivering a fair, fast and effective appeal mechanism. Read more about Asylum and Immigration Judges

Criminal justice

Here you will get a better feel for the judges who sit in the criminal jurisdiction and the work they do.

Most people feel very strongly about crime and judges and magistrates play a vital role in the criminal justice system, especially when it comes to sentencing. Once you've read this section, why not try out our sentencing scenarios and quizzes? We think they'll help you gain a better understanding of how difficult the job is for judges and magistrates sitting in the criminal jurisdiction.

Criminal cases come to court after a decision has been made by the Crown Prosecution Service to prosecute someone for an alleged crime. In the vast majority of cases, magistrates hear the evidence and, as a panel, make a decision on guilt or innocence. For more serious cases a district judge (Magistrate's Court) or a circuit judge in the Crown Court will hear the evidence, and in the case of the latter, this will involve a jury trial. Very serious criminal cases, such as murder and rape, may be heard by a High Court judge.

Both magistrates and judges have the power to imprison those convicted of committing a crime, if they deem the offence serious enough. But imprisonment is not the only solution; a judge or magistrate can order a community punishment, or put an individual under some sort of control order where their movements or activities are restricted. Although punishment is a key consideration when sentencing, judges will also have a mind as to how a particular sentence may reduce the chances of an individual re-offending.

Court of Appeal - Criminal Division

The Lord Chief Justice is President of the Court of Appeal Criminal Division. He is supported in this role by a Vice President. Judges in the Criminal Division hear appeals in criminal matters from the Crown Court.

In the Criminal Division the bench usually consists of a Lord or Lady Justice and usually two High Court judges.

High Court Judge – Criminal Jurisdiction

High Court judges can hear the most serious and sensitive cases in the Crown Court (for example murder) and some sit with Appeal Court judges in the Criminal Division of the Court of Appeal.

Most High Court Judges sit in the Queen's Bench Division. They will also deal at first instance with the more serious criminal cases heard in the Crown Court and, relatively early in their careers can be appointed to hear serious criminal matters in Crown Court centres out of London (known as being "on circuit") .

Circuit Judges - criminal

Circuit Judges may deal solely with civil, family or criminal work, or divide their time between the three. Most Crown Court cases are heard by Circuit Judges, although less complex or serious matters may be dealt with by fee-paid Recorders. Some cases from magistrates' courts will come to the Crown Court to be heard by a circuit judge - for example, if the defendant has opted for trial by jury, or the magistrates do not have the sentencing powers to deal with a guilty party.

Recorders

Recorders are fee-paid, part-time, judges. For many it is the first step on the judicial ladder to appointment to the circuit bench. Recorders' jurisdiction is broadly similar to that of a circuit judge, but they generally handle less complex or serious matters coming before the court.

It is a post open to any fully qualified solicitor or barrister with at least 10 years' practice before the Crown or county courts. They are required to sit for between 15 and 30 days every year with at least one 10 day continuous period. The appointment is for an initial five-year period, extendible for further successive five year terms up to the retirement age of 65.

District Judge (Magistrates' Courts)

The role of a district judge (Magistrates' Courts) is to complement the work of the magistracy. They are legally qualified, salaried judges and they usually deal with the longer and more complex matters that come before magistrates' courts. District judges (Magistrates' Courts) also have jurisdiction to hear cases under the Extradition Acts and the Fugitive Offender Acts.

Magistrates - Criminal

For a single criminal offence committed by an adult, a magistrate's sentencing powers include the imposition of fines, community service orders, probation orders or a period of not more than six months in custody. Magistrates may also sit in the Crown Court with a judge to hear appeals from magistrates' courts against conviction or sentence and proceedings on committal to the Crown Court for sentence.

Magistrates - Youth Courts

Magistrates are specially trained to sit in youth courts where procedures are slightly more informal than in adult criminal courts. In order to engage with young defendants, magistrates deliberately talk directly to them rather than always through their legal representative.

In criminal cases the youth court has jurisdiction to deal with all offences committed by a juvenile except homicide which has to be dealt with in a higher court. Sentences are quite different in that they specifically address the needs of young offenders. Young defendants should always be accompanied by a responsible adult when they appear in court unless they are mature enough to be considered independent of their parents.

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Judges, magistrates and tribunal members sit in many jurisdictions, and the way in which court proceedings are conducted across these jurisdictions can be very different.

This section will help to explain what judges, magistrates and tribunal members do when sitting in a judicial capacity.

The roles of all three differ in many ways. A criminal judge or magistrate can imprison an individual if they are found guilty of an offence. However, those who hear civil and family cases will often be trying to resolve difficulties between parties, perhaps by awarding compensation or making a legally binding order for the parties to behave in a particular way.

But, there are common themes as well - all judges are impartial, independent and their role is to reach a judgment based on the facts of a case.

Crown Court - Crime

A circuit judge in a Crown Court presides over criminal trials for more serious offences and is responsible for all matters of law and making sure that all the rules of procedure are properly applied. Read more about Crown Court - Crime.

County Court - Civil

Civil cases involve hearings in open court which the public may attend; hearings in the judge's private room from which the public are excluded; and matters decided by the judge in private but on the basis of the papers alone, without any attendances by the parties or their legal representatives. Read more about County Court - Civil.

County Court - Family

The family courts mainly with two sorts of work - private cases involving parents and their children and public work when local councils take action to remove children from their parents' care because they are being hurt in some way. Read more about County Court - Family.

Magistrates court

Criminal cases are usually heard in open court. In the Magistrates Court there is no jury and the magistrates sit as a panel with a legal adviser to advise on matters of law. Magistrates hear less serious criminal cases including motoring offences, they also hear civil and family work, as well as Youth Court cases. In addition salaried (or full-time) district judges also sit in the magistrates court, dealing with the more complex or serious cases. Read more about Magistrates court.

Tribunals

Tribunals form part of the civil justice system. Most tribunal cases are heard in open court and the public may attend. There are many different types of tribunal, each with a focus on a specific area of law, for example employment law, or immigration cases. Read more about Tribunals.

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