British judges in England and Wales sit in a tiered system that runs from volunteer magistrates handling everyday criminal cases up to the twelve justices of the UK Supreme Court. Each tier has its own jurisdiction, its own qualifications, and its own route in. The whole structure rests on a simple constitutional bargain: judges are chosen on merit by an independent commission, paid by the state, and protected from removal by the executive so they can rule without political pressure.
The Court Hierarchy
The UK Supreme Court sits at the top. Created by Part 3 of the Constitutional Reform Act 2005, it is the final court of appeal and typically has 12 justices, including a president and deputy president.1The Supreme Court of the United Kingdom. History of the Court Cases are usually heard in panels of five and must raise points of law of general public importance across the United Kingdom.
One step below, Lords Justices of Appeal sit in the Court of Appeal, split into a Criminal Division and a Civil Division. This is where most challenges to lower court rulings are decided.
Below that, High Court Judges handle the most significant civil disputes and preside over the most serious criminal trials in the Crown Court. The High Court has three divisions — King’s Bench, Chancery, and Family — each covering distinct areas of law.2Courts and Tribunals Judiciary. Structure of Courts and Tribunals System
Circuit Judges work in the Crown Courts and County Courts, managing mid-level criminal cases and civil claims. District Judges deal with more routine matters in those same courts.
At the base of the system are magistrates, also known as Justices of the Peace. They are volunteers rather than career lawyers, and they handle around 95 percent of all criminal cases in England and Wales.3Courts and Tribunals Judiciary. About Magistrates Courts Their caseload is mostly summary offences: minor assaults, motoring violations, low-level theft. A typical bench is three magistrates, one of whom is trained to chair. For more complex matters in the lower courts, a legally qualified District Judge sitting in the magistrates’ court takes over.
Tribunal Judges
Running alongside the courts is a separate two-tier tribunal system that resolves disputes between individuals and government bodies. The First-tier Tribunal hears initial appeals against decisions by government departments and agencies in areas like immigration, tax, and social security. The Upper Tribunal reviews appeals from the First-tier and, like the High Court, is a superior court of record.4Courts and Tribunals Judiciary. About the Tribunals Both tiers are divided into specialist chambers.
Employment Tribunals sit outside that two-tier structure entirely, handling workplace disputes under their own jurisdiction. Tribunals often sit as panels combining a legally qualified tribunal judge with members who have subject-matter expertise rather than legal qualifications. The tribunal system is headed by a Senior President who operates independently of the Lord Chief Justice.
What Judges Actually Do
The daily work centres on interpreting legislation, applying precedent, and keeping proceedings fair. In criminal trials, the judge controls the courtroom, rules on the admissibility of evidence, directs the jury on the law, and, after a guilty verdict, decides the sentence. Sentencing follows statutory maximums and Sentencing Council guidelines. A robbery conviction under section 8 of the Theft Act 1968, for instance, carries a maximum of life imprisonment, though the guideline range typically runs from a community order up to 12 years depending on severity.5Legislation.gov.uk. Theft Act 1968 Section 8
In civil cases, judges decide liability, award damages, allocate costs, and can grant injunctions or order specific performance of a contract. Every decision must be supported by a reasoned written judgment so the losing party understands why they lost and can decide whether to appeal.
Judicial Review
One of the most consequential powers of the High Court is judicial review, the process by which a judge examines whether a public body acted lawfully. Judicial review challenges the way a decision was made, not whether the conclusion was right. If the court finds the decision unlawful, it can quash it, but the public body may reach the same decision again so long as it follows proper procedures the second time.6Courts and Tribunals Judiciary. Judicial Review It is the main mechanism through which individuals hold public authorities to account in court.
Contempt of Court
Judges can punish anyone who disrupts proceedings or defies a court order through contempt of court. A superior court can commit a person to prison for a fixed term of up to two years. An inferior court, such as a magistrates’ court, can impose up to one month’s imprisonment, a fine of up to £2,500, or both.7Legislation.gov.uk. Contempt of Court Act 1981 The power exists to protect the integrity of the legal process and is used sparingly.
Who Can Become a Judge
Candidates for a legally qualified judicial role must have a minimum level of post-qualification experience as a solicitor or barrister. Most roles require at least five years. Circuit Judge positions and anything more senior require at least seven. Applicants must also be citizens of the United Kingdom, the Republic of Ireland, or a Commonwealth country at the time of application.8Judicial Appointments Commission. Check Youre Eligible
On top of the technical qualifications, every candidate must satisfy a good character requirement. Under section 63 of the Constitutional Reform Act 2005, a person cannot be selected unless the selecting body is satisfied that they are of good character.9Legislation.gov.uk. Constitutional Reform Act 2005 Section 63 – Merit and Good Character Vetting examines criminal history, financial insolvency, and any professional misconduct.
Retirement Age
Judges face a mandatory retirement age. The Senior Courts Act 1981 originally set this at 70. The Public Service Pensions and Judicial Offices Act 2022 raised it to 75, partly to address recruitment concerns and retain experienced judges longer. Magistrates may also now serve until 75 where there is a business need.
How Judges Are Appointed
The Judicial Appointments Commission, established by Part 4 of the Constitutional Reform Act 2005, runs the selection process. The statute is explicit: selection must be solely on merit.9Legislation.gov.uk. Constitutional Reform Act 2005 Section 63 – Merit and Good Character Where two candidates are equally meritorious, the selecting body may prefer one over the other to increase diversity within the judiciary, but merit comes first.
When a vacancy opens, the Commission publishes a formal announcement and invites applications. Candidates complete a detailed form and then sit qualifying tests assessing legal knowledge and situational judgment. Those who pass move to an interview with a selection panel that typically includes a judge, a lay member, and a legal professional. Panels evaluate candidates against competency frameworks covering legal expertise, communication, and decision-making.
Once the Commission identifies a preferred candidate, it submits a recommendation to the Lord Chancellor, who has a narrow power of veto.10Courts and Tribunals Judiciary. Judicial Appointments The Lord Chancellor can accept the recommendation, reject it, or ask the Commission to reconsider. The process is designed to keep executive influence limited. Successful candidates receive their formal appointment through a Royal Warrant, or for more senior roles, Letters Patent.11UK Parliament. What Is a Royal Warrant
Independence and Removal
Judicial independence is a structural guarantee written into statute. Under section 11(3) of the Senior Courts Act 1981, senior judges hold office during good behaviour and can only be removed by the Monarch on an address presented by both Houses of Parliament.12Courts and Tribunals Judiciary. Judges and Parliament The power traces back to the Act of Settlement 1701 and has never been used to remove an English judge. No prime minister, home secretary, or Lord Chancellor can fire a sitting High Court or appellate judge simply for handing down an unpopular ruling.
For judges below the High Court, the removal mechanisms differ. The Lord Chancellor can remove a Circuit Judge or District Judge for incapacity or misbehaviour, but even then the process involves formal procedures and safeguards. Magistrates can be removed from the bench by the Lord Chancellor, again only for cause.
Robes, Wigs, and How to Address a Judge
From October 2008, judges hearing civil and family cases in England and Wales stopped wearing the traditional horsehair wig. A Practice Direction from the Lord Chief Justice introduced a simpler civil gown worn without a wig.13Judiciary of England and Wales. Practice Direction Handed Down for Court Working Dress Reforms Criminal courts kept the older look. High Court judges and Circuit judges presiding over criminal cases still wear wigs and traditional robes.
Forms of address follow the hierarchy. High Court judges are addressed as “My Lord” or “My Lady.” Circuit judges are called “Your Honour.” Magistrates are addressed as “Sir” or “Madam.”14Courts and Tribunals Judiciary. What Do I Call a Judge Getting it right matters in practice. Calling a Circuit judge “My Lord” is the kind of mistake that marks out an inexperienced advocate immediately.