It is essential that judges
in any court and others who exercise judicial functions should
administer justice impartially and without an eye to any personal
gain. To ensure as completely as possible that this is so
the following conditions operate:
Firstly a judge will never become involved in a case in which
he has an interest of any nature.
If he has a direct interest he will not hear a case, and by
tradition if he has even what might be considered a remote
interest he will declare it and ask the parties whether they
are content that he should try the case.
Secondly, judges are completely free of control by the government.
Although the senior appointments are filled by nominees of
the Prime Minister or the Lord Chancellor, judges are appointed
until retirement-age and cannot be removed except in the special
circumstances noted earlier.
Clearly, they are not immune from making mistakes of law,
and in some cases may pass sentences which are inappropriate,
but ample protection is provided by the system of appeals.
Judges are in no respect agents of the government, and they
show no bias in favour of the Crown when it is a party to
litigation. On the contrary, they see it as one of their duties
to protect citizens from the excesses, in this country fortunately
rare, of government.
Thirdly, such promotion as is open to judges cannot be achieved
by influence or partiality, and does not result in any significant
financial gain. By any standards judges are well paid, but
it is probably true to say that their salaries are less than
they could earn as barristers in private practice. Promotion
of a High Court judge to the position of Lord Justice of Appeal,
and from Lord Justice of Appeal to Lord of Appeal in Ordinary,
does not result in any increase in salary.
A judge of a superior court is immune from any proceedings,
either civil or criminal, in respect of any act which is done
by him in his judicial capacity, even if it is malicious or
in bad faith. A judge could not for example, be sued for false
imprisonment by a person whom he had sentenced, even if the
person concerned could produce clear evidence that he was
innocent. He is not immune, however, if it can be shown that
he acted outside his jurisdiction, but, in practice, High
Court judges have such wide jurisdiction that it is virtually
impossible for them to act outside it.
Judges of inferior courts enjoy similar immunity, with the
exception that if it is alleged that the judge acted outside
his jurisdiction, the onus is on the judge to prove that what
he did was within his jurisdiction.
By the Justices’ Protection Act 1848, magistrates may
be sued for acts done without jurisdiction and for wrongful
acts done maliciously or without cause within their jurisdiction.
A general immunity against civil and criminal liability attaches
to other persons taking part in the administration of justice
as regards things said or done by them in that capacity, for
example, jurymen, witnesses or advocates. A person who gives
false evidence, however, is guilty of the crime of perjury.
Although people acting in a judicial capacity are given the
immunity mentioned, in their private capacities they have
no immunities whatsoever, and they are liable civilly and
criminally in the same way as are other citizens. The only
person who enjoys immunity from law is the Queen in her personal
capacity.
See Also:
Types of
Judge: Circuit Judges
Types of
Judge: European Court
Types
of Judge: High Court Judges
Types
of Judge: Lords Justices of Appeal
Types
of Judge: Lords of Appeal in Ordinary
Types of Judge:
Recorders
Judicial
Precedent Case Law
Reversing,
Overruling, Disapproving and Distinguishing
Function
and Status of Judges
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