Lord_Chief_Justice_of_England_and_Wales

Lord Chief Justice of England and Wales

Lord Chief Justice of England and Wales

Head of the judiciary of England and Wales


The lady chief justice of England and Wales (alternatively Lord Chief Justice when the holder is male) is the head of the judiciary of England and Wales and the president of the courts of England and Wales.

Quick Facts Lady Chief Justice of England and Wales, Style ...

Until 2005 the lord chief justice was the second-most senior judge of the English and Welsh courts, surpassed by the lord chancellor, who normally sat in the highest court. The Constitutional Reform Act 2005 changed the roles of judges, creating the position of President of the Supreme Court of the United Kingdom and altering the duties of the lord chief justice and the lord chancellor. The lord chief justice ordinarily serves as president of the Criminal Division of the Court of Appeal and head of criminal justice, meaning its technical processes within the legal domain, but under the 2005 Act can appoint another judge to these positions. The lord chancellor became a purely executive office, with no judicial role.

The equivalent in Scotland is the lord president of the Court of Session, who also holds the post of lord justice-general in the High Court of Justiciary. The equivalent in Northern Ireland is the lord chief justice of Northern Ireland, local successor to the lord chief justice of Ireland of the pre-Partition era.

Sue Carr, Baroness Carr of Walton-on-the-Hill, has been Lady Chief Justice since October 2023. She is the first female holder of the office.[2]

History

Originally, each of the three high common law courts, the King's Bench, the Court of Common Pleas, and the Court of the Exchequer, had its own chief justice: the Lord Chief Justice, the Chief Justice of the Common Pleas, and the Chief Baron of the Exchequer.[3] The Court of the King's (or Queen's) Bench had existed since 1234.[4] In 1268 the first chief justice of the King's Bench was appointed.[5] From the time of Edward Coke in the early 17th century, the chief justice became known informally as "lord chief justice". It was only in 1875 that it became the statutory title.[6]

The three courts became divisions of the High Court in 1875 (though the head of each court continued in post). Following the deaths of Lord Chief Justice Sir Alexander Cockburn and Chief Baron Sir Fitzroy Kelly in 1880, the three divisions were merged into a single division, with Lord Coleridge, the last Chief Justice of Common Pleas, as Lord Chief Justice of England.[7]

The suffix "and Wales", now found in statutes and elsewhere, was of a holder's own motion and to reflect centuries-old reality, appended during the tenure of Lord Bingham of Cornhill. He held this office between 1996 and 2000.

Constitutional Reform Act 2005

The Constitutional Reform Act 2005 (CRA) made the Lord Chief Justice the president of the Courts of England and Wales, vesting the office with many of the powers formerly held by the Lord Chancellor. While the Lord Chief Justice retains the role of President of the Criminal Division of the Court of Appeal, the CRA separated the role of President of the King's Bench Division; the changed chief justice role was first held by Lord Phillips of Worth Matravers. The CRA provides that the chief justice is chosen by a specially appointed committee convened by the Judicial Appointments Commission.

Modification of title from Lord to Lady

Upon the announcement of the appointment on 15 June 2023 of Dame Sue Carr, it was highly anticipated that the title would be modified from Lord to Lady, in line with Dame Siobhan Keegan's title change of Lord Chief Justice of Northern Ireland to Lady Chief Justice. This speculation was further confirmed in news closer to Carr's appointment, on 27 September 2023 that Carr had chosen the title of Lady Chief Justice.[8] When Carr took office she was sworn as Lady Chief Justice, for the first time in the role's history since its inception.

Roles and responsibilities

The lord chief justice has 400 individual statutory responsibilities specified in the Constitutional Reform Act 2005. While they sit as a judge on important criminal, civil and family cases, including appeal cases, they also have a wide range of administrative responsibilities. As president of the Courts of England and Wales, they are responsible for representing the opinions of the judiciary to government, overseeing their welfare and training and allocating work amongst them. With the Lord Chancellor, they are responsible for the handling of complaints against judges through the Judicial Conduct Investigations Office. They are also president of the Sentencing Council, and Magistrates' Association and chairs the Judicial Executive Board, and Judges' Council.[9]

Lord chief justices of the King's (Queen's) Bench, to 1880

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Lord (or Lady when the holder is female) chief justices of England (later England and Wales) 1880–present

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Hereditary peerages created for the Lord Chief Justice

See also


References

  1. "Appointment of new Lord Chief Justice of England and Wales". Press Release. United Kingdom Government. 14 July 2017. Retrieved 28 December 2022.
  2. Hymas, Charles (26 September 2023). "Britain's most senior judge to be called Lady Chief Justice". The Telegraph. Retrieved 30 September 2023.
  3. Harriss, G. L. (2005). Shaping the Nation: England 1360-1461. Clarendon Press. p. 48. ISBN 9780198228165.
  4. Turner, Ralph V. (1977). "The Origins of Common Pleas and King's Bench". The American Journal of Legal History. 21 (3). Temple University: 248. doi:10.2307/844792. ISSN 0002-9319. JSTOR 844792.
  5. Smith, Richard A. (2015). "King's Bench". In Cannon, John; Crowcroft, Robert (eds.). The Oxford Companion to British History (2nd ed.). Oxford University Press. p. 530. ISBN 9780199677832.
  6. Smith, Richard A. (2015). "Lord Chief Justice". In Cannon, John; Crowcroft, Robert (eds.). The Oxford Companion to British History (2nd ed.). Oxford University Press. p. 574. ISBN 9780199677832.
  7. The Lord Burnett of Maldon (14 November 2019). "What's in a Name? The High Court and its Divisions" (PDF). judiciary.uk. Retrieved 10 October 2020.
  8. Hymas, Charles (26 September 2023). "Britain's most senior judge to be called Lady Chief Justice". The Telegraph. ISSN 0307-1235. Retrieved 1 October 2023.
  9. "Lord Chief Justice". Courts and Tribunals Judiciary. Retrieved 30 September 2023.

Further reading

  • Campbell, John (1874), Lives of the Chief Justices of England, in four volumes (two additional volumes were a "Continuation by Sir Joseph Arnould – Late Judge of the High Court of Bombay"), 3rd ed. London, John Murray 1874.

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