Frequently Asked Questions (FAQs) - The Role of Judges
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 these.
Why do we need judges?
Anyone can look at the evidence of a case and draw their own conclusions - that is the basis of our jury system. A judge's role is to use their specialist knowledge and experience of the law to ensure cases and verdicts are carried out within the limits of the law, and then to hand down a judgment or sentence that takes all these considerations into account. The independence of the judiciary is also a cornerstone of our democratic system, safeguarding the freedom and rights of citizens - all judges are free from political interference, and sum up a case based on an unbiased assessment of the evidence.
Do judges make laws?
Not exactly. Until the seventeenth century, the United Kingdom’s legal system was based on decisions made by judges deciding individual cases.
Today, a judge’s role is not to make law, but to uphold and apply the laws made by Parliament. The laws must be interpreted and applied by the judges to different cases. In deciding a case, a judge must follow the precedent set by a higher court in a situation with similar facts – this helps anyone involved in a case, as they know cases will be treated alike, rather than randomly. It also means that the law is flexible and can respond to changing circumstances. As a result of this process, known as the system of precedent, a substantial body of case law, or "common law", has developed which supplements the legislation made by Parliament
Is the judge on the side of the police?
No. A judge is on no-one's side; their job is purely to interpret the law without bias or prejudice.
Do judges choose the cases to judge or are they random?
They don't choose their cases - but it isn't random, either.
There are different levels of court - from district to appeal - and different types of judge sit in them. There is also some specialisation: circuit judges, for example, are authorised to preside over especially serious cases, including rape, murder or fraud.
Resident judges of each court centre and presiding judges will assign cases to qualified judges on a rota basis, helped by listing officers who check that the various judges are available.
More information is available in the Roles in Court section of this site.