Judiciary of England and Wales

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Lord Chief Justice and Lord Chancellor

Main article: Lord Chief Justice of England and Wales

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. 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. belkin omniview 4 port

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. cisco 2950

In law reports, the Lord Chief Justice is referred to as (for example) "Smith LCJ" or "Lord Smith CJ", and the Lord Chancellor as "Smith LC". cisco sfp gbic

Heads of Division

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.

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".

Justices of the Supreme Court

The judges of the Supreme Court of the United Kingdom are known as Justices of the Supreme Court, and they are also Privy Counsellors.

Before the creation of the Supreme Court, the highest court in England, Wales and Northern Ireland (and the highest court in civil matters in Scotland) was the Judicial Committee of the House of Lords, in which sat the Law Lords (more properly, the Lords of Appeal in Ordinary).

Court of Appeal

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".

Formerly, Lord Justices of Appeal could only be drawn from barristers of at least 10 years' standing. In practice, much greater experience was necessary and, 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 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.

High Court

Main article: High Court judge

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".

Circuit Judges

Main article: Circuit judge (UK)

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}. 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".

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.

Recorders

Main article: Recorder (judge)

A Recorder 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 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 (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 the EU Service Regulation - Council Regulation (EC) No. 1348/2000 and EU Taking of Evidence Regulation - Council Regulation (EC) No. 1206/2001. 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, having previously been known as County Court Registrars until the Courts and Legal Services Act 1990. 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".

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.

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.

Magistrates

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).

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 November 2009, 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, 239,845

Group 1.1: Master of the Rolls and Senior Lord of Appeal in Ordinary, 214,165

Group 2: Lords of Appeal in Ordinary and several other appointments, 206,857

Group 3: Lords Justices of Appeal and certain others, 196,707

Group 4: High Court Judges 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, 111,155

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

Judicial titles in England and Wales

Judiciary of Hong Kong

References

^ Alex, Allan (October 2006), "Department for Constitutional Affairs", Evidence to the Senior Salaries Review Body, HMSO, pp. 2730, http://www.dca.gov.uk/judicial/judgepay06.pdf, retrieved 2007-12-15 

^ Constitutional Reform Act 2005, s.3

^ "Forms of address for the Judiciary". Judiciary of England and Wales. HMSO. 2007. http://www.judiciary.gov.uk/about_judiciary/forms_of_address/index.htm. Retrieved 2007-12-15. 

^ Supreme Court Act 1981, s.10(3)(b)

^ a b c d e f "Increasing Diversity in the Judiciary". Department for Constitutional Affairs. October 2004. http://www.dca.gov.uk/consult/judiciary/diversitycp25-04.htm. Retrieved 2008-03-05. "CP 25/04" 

^ a b c d e f "Explanatory Notes to Tribunals, Courts And Enforcement Act 2007". Office of Public Service Information. 2007. http://www.england-legislation.hmso.gov.uk/acts/acts2007/en/07en15-d.htm. Retrieved 2008-03-05. "paras.281-316" 

^ a b c d e f Tribunals, Courts and Enforcement Act 2007, s.50/ Sch.10, Pt.1.13

^ Courts Act 1971, s.16(3)(a)

^ Courts Act 1971, s.21(2)

^ 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 2007-12-15 

External links

Judiciary of England and Wales government website

Department for Constitutional Affairs list of judges

Categories: Judiciary of England and Wales