Judges in Great Britain

THE JUDGE

In common law countries, a law graduate can’t choose to become a judge. It is only after many years of experience as a lawyer, professor or member of the government, that a judge can be appointed by the Lord Chancellor. To be appointed a senior court judge (Lord/Court of Appeal/High Court) it is necessary to gain the 10 years experience as a barrister. A solicitor may appointed a judge in an inferior court after 5 years experience.

Upon completion of his formal education (not necessarily a legal education), a person spends 15, 20, or 25 years in the private practice of law or in law teaching or governmental legal service and then, at about age 50, becomes a judge. No competitive examination is taken, as he is appointed or elected to office.

In England, the appointive system is the case for all levels of judges, including even local JPs (who are selected by an advisory committee answerable to the Lord Chancellor’s office and, after selection, undergo a period of basic training).

Compare this to civil law countries, where a law graduate can choose a career as a judge by passing an examination and entering the service as a low-level judge in his early 20s.

The common law judge is practically free from outside supervision, enjoys greater power and prestige.

In Britain vast majority of judges (that is, the people who decide what should be done with people who commit crimes) are unpaid. They are called "Magistrates",or "Justices of the Peace" (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have "sound common sense" and understand their fellow human beings. They give up time voluntarily.
A small proportion of judges are not Magistrates. They are called "High Court Judges" and they deal with the most serious crimes, such as those for which the criminal might be sent to prison for more than a year. High Court judges, unlike Magistrates, are paid salaries by the State and have considerable legal training.
Magistrates are selected by special committees in every town and district. Nobody, not even the Magistrates themselves, knows who is on the special committee in the area. The committee tries to draw Magistrates from as wide a variety of professions and social classes as possible.
There are about 30.000 magistrates who judge cases in the lower courts, and only a few hundred judges trained as barristers, who preside in more serious cases. There is no separate training for judges.

Дата добавления: 2014-11-20