Judges and Their Roles

Judges and Their Roles

The Lord Chancellor plays a crucial role in the appointment of all

judges.

The selection and appointment procedure for district judges, recorders

and circuit judges is broadly the same. Suitably qualified candidates

apply to the Judicial Appointments Department of the Lord Chancellor’s

Department (LCD) in response to an advertisement. References are taken

up, and wider ‘secret surroundings’ are carried out by officials

within the LCD. A shortlist is prepared and those candidates are

interviewed by a panel of three – a circuit judge, an official from

the Judicial Appointment Department and a lay member. The interview

panel recommends candidates to the Lord Chancellor, who then makes the

appointment.

To become a High Court Judge, candidates may either apply in response

to an advertisement or be invited by the Lord Chancellor to consider

the position. Considerable ‘secret surroundings’ are carried out. In

addition, the opinions of all serving High Court judges are sought.

Those candidates who are short-listed are then reviewed by the Lord

Chancellor and the four Head of Division (the Lord Chief Justice, the

Master of the Rolls, the President of Family Division, and the

Vice-Chancellor). Successful candidates are appointed by the Lord

Chancellor.

Lord Justices of Appeal are always appointed from the ranks of High

Court Judges. The Lord Chancellor will invite such judges to consider

appointment to the Court of Appeal, having discussed their suitability

with existing Lords Justices and Law Lords. The Lord Chancellor then

makes a recommendation to the prime minister, who formally recommends

the person...

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... in the nineteenth century and

stated that ‘no person is punishable except for a distinct breach of

the law established in the courts’ and not only is no man ‘above the

law, but that every man, whatever be his rank, is subject to the

ordinary law of realm’.

There are many problems with the judicial role, these are, if there is

lack of training on a judges part, this can affect the outcome of a

case and may also affect the decision-making. There is also a lack of

specialism in a certain area; this would be improved if a judge was

appointed who had a specific area of interest that they can relate to.

There are also issues with miscarriage of justice.

Other than those few problems with the judicial role, it appears to be

working fairly well, without the judicial role, decisions to a case

may be harder to finalise.