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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