Lord Chief Justice of England and Wales explained

Post:Lady Chief Justice
Insignia:Royal Coat of Arms of the United Kingdom (HM Government) (2022).svg
Insigniasize:115px
Insigniacaption:The Judiciary of England and Wales
Incumbent:The Baroness Carr of Walton-on-the-Hill
Incumbentsince:1 October 2023
Style:The Right Honourable
Nominator:Judicial Appointments Commission
Appointer:Monarch of the United Kingdom,
on the recommendation of the Prime Minister and Lord Chancellor[1]
Formation:29 November 1880

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.

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

PortraitLord chief justiceFromUntilNotes
William of York
Sir Gilbert of Seagrave
Sir William of Wilton
Nicholas de Turri
Sir Robert de Briwes
Gilbert de Thornton
Murdered in the Peasants' Revolt
Sir Thomas RichardsonDied in office
Sir John Bramston
Sir Robert Heath
Sir Henry Rolle
John GlynneKnighted in 1660
Sir Richard Newdigate
Sir Robert FosterFirst Chief Justice after the Restoration; died in office
Sir Robert HydeDied in office
Sir John KelyngeDied in office
Sir Matthew HaleFormerly Lord Chief Baron of the Exchequer 1660–1671
Sir Richard Raynsford
Sir William Scroggs
Sir Francis PembertonLater Chief Justice of the Common Pleas in 1683
Sir Edmund SaundersDied in office
Sir George Jeffreys
(Lord Jeffreys from 1685)
nowrap nowrap Lord Chancellor 1685–1688
Sir Edward HerbertLater Chief Justice of the Common Pleas 1687–1689
Sir Robert WrightBriefly Chief Justice of the Common Pleas in April 1687
Sir John HoltDied in office
Sir Thomas Parker
(Lord Parker from 1714)
Regent of Great Britain from 1 August to 18 September 1714; later Lord Chancellor 1718–1725, created Earl of Macclesfield in 1721; impeached for corruption in 1725
Sir John PrattInterim Chancellor of the Exchequer in 1721
Sir Robert Raymond
(Lord Raymond from 1731)
Previously Attorney General 1720–1724; died in office
Lord HardwickePreviously Attorney General 1724–1733; later Lord Chancellor 1737–1756 and created Earl of Hardwicke in 1754
Sir William LeeInterim Chancellor of the Exchequer in 1754; died in office
Sir Dudley RyderPreviously Attorney General 1737–1754; died in office
Lord Mansfield
(Earl of Mansfield from 1776)
Previously Attorney General 1754–1756; Lord Speaker in 1783
Lord KenyonPreviously Attorney General 1782–1783 1783–1784 and Master of the Rolls 1784–1788; died in office
Lord EllenboroughPreviously Attorney General 1801–1802; interim Chancellor of the Exchequer in 1806
Sir Charles Abbott
(Lord Tenterden from 1827)
Interim Chancellor of the Exchequer in 1827; died in office
Sir Thomas Denman
(Lord Denman from 1834)
Previously Attorney General 1830–1832; interim Chancellor of the Exchequer in 1834
Lord CampbellPreviously Attorney General 1834 and 1835–1841; briefly Lord Chancellor of Ireland in 1841; later Lord Chancellor 1859–1861
Sir Alexander Cockburn, BtPreviously Attorney General 1851–1852, 1852–1856 and Chief Justice of the Common Pleas 1856–1859; Courts of the Queen's Bench, Common Pleas, and Exchequer became divisions of a unified High Court in 1875; died in office

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

PortraitLord chief justiceFromUntilNotes
Lord Coleridgenowrap Previously Attorney General 1871–1873 and Chief Justice of the Common Pleas 1873–1880; died in office
Lord Russell of KillowenPreviously Attorney General 1886 1892–1894; first Catholic Lord Chief Justice; died in office
Lord AlverstonePreviously Attorney-General 1885–1886 1886–1892 1895–1900 and Master of the Rolls in 1900; in retirement, created Viscount Alverstone in 1913
Sir Rufus Isaacs
(Lord Reading from 1914,
Viscount Reading from 1916,
Earl of Reading from 1917)
Previously Attorney General 1910–1913; later Viceroy of India 1921–1925 and created Marquess of Reading in 1926; first Jewish Lord Chief Justice
Sir Alfred Lawrence
(Lord Trevethin from August 1921)
Sir Gordon Hewart
(Lord Hewart from 24 March 1922)
Previously Attorney General 1919–1922; in retirement, created Viscount Hewart in 1940
Viscount CaldecotePreviously Attorney General 1928–1929 and 1932–1936 and Lord Chancellor 1939–1940
Lord GoddardPreviously a law lord from 1944
Lord Parker of Waddington
Lord Widgery
Lord LanePreviously a law lord from 1979
Lord Taylor of Gosforth
Lord Bingham of CornhillFirst Lord Chief Justice of England and Wales; Master of the Rolls 1992–1996; Senior Law Lord 2000–2008;
Lord Woolfnowrap Previously a law lord from 1992; Master of the Rolls from 1996 to 2000
Lord Phillips of Worth MatraversPreviously a law lord from 1999; Master of the Rolls 2000–2005; later Senior Law Lord 2008–2009 and President of the Supreme Court 2009–2012
Lord JudgePreviously Deputy Chief Justice of England and Wales 2003–2005
Lord Thomas of Cwmgiedd
Lord Burnett of Maldon
Baroness Carr of Walton-on-the-Hill1 October 2023IncumbentThe first Lady Chief Justice since the role's inception in the 13th century.

Hereditary peerages created for the Lord Chief Justice

See also

Further reading

Notes and References

  1. Web site: Appointment of new Lord Chief Justice of England and Wales. 14 July 2017 . Press Release . United Kingdom Government. 28 December 2022.
  2. News: Hymas . Charles . Britain's most senior judge to be called Lady Chief Justice . The Telegraph. 26 September 2023 . 30 September 2023.
  3. Book: Harriss, G. L. . Shaping the Nation: England 1360-1461. 2005 . 9780198228165. Clarendon Press . 48.
  4. Turner. Ralph V.. 1977. The Origins of Common Pleas and King's Bench. The American Journal of Legal History. Temple University. 21. 3. 248. 10.2307/844792 . 844792 . 0002-9319.
  5. Book: Smith, Richard A.. Cannon. John. Crowcroft . Robert. King's Bench . https://books.google.com/books?id=9vL8CgAAQBAJ&dq=%221268+King%27s+Bench+was+appointed+its+first+chief+justice%22&pg=PA530 . The Oxford Companion to British History . 2015. Oxford University Press. 2nd. 9780199677832. 530 .
  6. Book: Smith, Richard A.. Cannon. John. Crowcroft . Robert. Lord Chief Justice . https://www.encyclopedia.com/history/encyclopedias-almanacs-transcripts-and-maps/lord-chief-justice . The Oxford Companion to British History . 2015. Oxford University Press. 2nd. 9780199677832. 574 .
  7. Web site: The Lord Burnett of Maldon. Ian Burnett, Baron Burnett of Maldon. What's in a Name? The High Court and its Divisions. judiciary.uk. 14 November 2019. 10 October 2020.
  8. News: Hymas . Charles . 2023-09-26 . Britain's most senior judge to be called Lady Chief Justice . en-GB . The Telegraph . 2023-10-01 . 0307-1235.
  9. Web site: Lord Chief Justice . Courts and Tribunals Judiciary . 30 September 2023.