“Their ignorance of the modern way of British Life is astounding” (Lord Gifford).In light of this comment discuss the appointment and training of judges.

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"Their ignorance of the modern way of British Life is astounding" (Lord Gifford).

In light of this comment discuss the appointment and training of judges.

Looking at Lord Gifford's comment, I would tend to agree. There are several key terms that stand out; ignorance, modern and British Life. In this essay I will explore the background, appointment and training of judges and hope to find out the grounds on which Lord Gifford based his comment and determine if it is justified.

There are many different kinds of judges. These can be categorised as either superior judges or inferior judges. These different types of judges have different method of appointment, training, work and terms of office.

Superior judges are those in the High Court or above. These are: The Lords of Appeal in Ordinary headed by the Lord Chancellor, Lord Justices of Appeal and High Court Judges in three divisions in the High Court. The titles of these judges are: The Lord Chancellor who is head of the House of Lords (Lord Derry Irvine). Lord Chief Justice who is a Senior Judge in the Queens Bench Division and President of Court of Appeal Criminal Division (Lord Harry Woolf). The Master of Rolls who is President of the Court of Appeal Civil Division (Lord Phillips). The President of the Family Division of the High Court and the Vice-Chancellor of the Chancery Division of the High Court.

The Inferior Judges are: Circuit Judges in the County and Crown Court. Recorders and assistant recorders, in either the Crown or County Court. District Judges in the County Court. Stipendiary Magistrates in Major Magistrates Courts.

The background of judges is very unrepresentative of society. Superior Judges fall into a very specific group of people. They are generally fifty to seventy year old, middle class, white males and have attended an Oxbridge University, who primarily recruit from private school. The fact that most Superior Judges went to an Oxbridge University may be beneficial as we want the best people as judges and the best people attend the best universities. However, it also means that these judges are made up of a very small social spectrum, predominantly comprised of upper-middle class individuals. In the higher courts all the judges are white, this is severly unrepresentative as in Britain we have a diverse range of cultures and ethnic origins. There is evidence to show that black defendants are more likely to receive a custodial sentence for the same offences as white defendants. Inferior Judges, in the main, have a more average background. They are usually aged between forty and fifty years old, equally male and female, of all races, have had an ordinary education and it is unlikely they attended an Oxbridge University. Of all of these factors it is the age of the judges that has the most significance. Older judges may mean more experience and therefore more skill at deciding jurisdictions. However, being older can also denote traditional and conservative views and a reluctance to accept and understand modern opinions and concepts.
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The appointment of judges is often under debate. Although we now live in a democracy where we are supposed to be the ones in control of the country we clearly have no jurisdiction here at all. We appoint a government who in turn will appoint a Lord Chancellor, after that he, the Lord Chancellor is basically in control of the people who will operate the legal system in this country. He will influence the Prime Minister and ultimately the Queen on the appointment of Higher Judges, though he will appoint or nominate the Lower Judges himself.

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