Frequently Asked Questions (FAQ)
Do judges make laws? What's the difference between a judge and a magistrate? Do all judges wear robes? There are many common questions, and some misconceptions, about the judiciary - in this section of the website we have provided answers and information on many of these.
Do judges still use gavels?
Although they're often seen in cartoons and TV programmes and mentioned in almost everything else involving judges, the one place you won't see a gavel is an English or Welsh courtroom - they are not used there.
Do judges still wear the black cap to sentence?
No. The black cap - based on court headgear in Tudor times - was put on by judges passing sentence of death. Since the permanent abolition of capital punishment in 1969, there has been no need for the cap to be worn. High Court Judges still carry the black cap, but only on an occasion where they are wearing full ceremonial dress.
Why are red ribbons used to tie papers in court?
Red or 'pink' tape was once used to tie up official papers - indeed, that's where the term "red tape" to describe excessive bureaucracy comes from. The tape is still used by the legal profession for briefs (the documents outlining a case) from private citizens. White tape is used for briefs from the Crown.
Why do the lawyers and court officials bow to the judge when they enter the room?
They aren't bowing to the judge. They are bowing to The Queen's Coat of Arms above the judge, to show respect for The Queen's justice.
Can the judge hear you if you whisper at the back of the court?
That really depends on how sharp their hearing is! But it isn't a good idea - if you interrupt or disrupt the proceedings of the court you can be ruled in contempt of court, which can be punished with a fine or even a jail term.
Do judges get any special perks, like free parking?
As is common in many businesses, judges do have reserved parking spaces at some, but not all, courts - after all, a court is their place of work. However, judges are not allowed to use their title or profession to obtain special treatment or 'freebies'.
Why are judges referred to as Your Honour?
Not all of them are. Circuit judges are referred to as Your Honour in court, while district judges are sir or madam, and a High Court judge is My Lord or My Lady. The titles date back centuries, and help to identify different types of judges.