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High Court Judges

 


The three Division of the High Court are staffed mainly by High Court judges, who must be barristers of at least ten years’ standing, and who are appointed by the Crown on the recommendation of the Lord Chancellor.
The Lord Chief Justice presides over the Queen’s Bench Division; the Vice-Chancellor over the Chancery Division (although theoretically the Lord Chancellor is head of the Division); and the President over the Family Division.
The Lord Chief Justice, the Vice-Chancellor, and the President are also all ex officio members of the Court of Appeal. When any Division of the High Court is sitting as a Divisional Court, a quorum consists of three judges.
When exercising first instance jurisdiction, there is one judge, who usually sits alone, that is, without a jury
Appeals in the High Court are usually heard in the Divisional court but in the case of appeals from certain tribunals, such as the Special Commissioners of Income Tax, the case is heard by a single High Court judge.
High Court judges are known as puisne (pronounced ‘puny’) or junior judges. The term is somewhat misleading, as although High Court judges may be considered junior to Lords of Appeal in Ordinary and Lords Justices of Appeal, they are men of great learning and experience.
High Court judges also deal at first instance with the more serious criminal cases heard in the Crown Court and for this purpose the judges are appointed to one of the following circuits: North Eastern, Northern, Midland and Oxford, South Eastern, Wales and Chester, and Western. All Class One cases must be heard by a High Court judge; Class Two cases are normally heard by a High Court judge, although the judge may remit the case to a Circuit judge or Recorder; and, occasionally, Class Three cases are heard by a High Court judge. In dealing with criminal cases a High Court judge always sits with a jury.
The increasing work of both the High Court and the Crown Court has necessitated a large increase in the number of High Court judges in recent years. The problem has been aggravated by the fact that there is now a compulsory retiring age of seventy-five, whereas in former years judges very often continued in active life until well into their eighties. On appointment a High Court judge is given a knighthood, so that in private life he becomes known as, for example, Sir John Jones. In his judicial capacity, Jones,J. in court he is addressed as ‘my Lord’.
A High Court judge must retire at the age of seventy-five, but otherwise can be removed from office only by addresses to the Crown moved in both Houses of Parliament or for misconduct, a procedure which in fact has never occurred. The same rules apply to Lords of Appeal in Ordinary and Lords Justice of Appeal. Quite often cases outside London are in fact by Circuit judges or senior barristers, sitting in the capacity of Deputy High Court judges.

See Also :
Function and Status of Judges

Judicial Independence and Immunity
High Court
High Court: Chancery Division
High Court: Family Division
High Court: Queen's Bench Division
Types of Judge: Circuit Judges
Types of Judge: European Court Judges
Types of Judge: Lords Justices of Appeal
Types of Judge: Lords of Appeal in Ordinary
Types of Judge: Recorders

 

 

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