- plans drawn up for up to 4,500 lawyers to apply for a range
of judicial roles
- move latest step in wider efforts to boost judge numbers and
tackle outstanding cases
- change will bolster diversity in the judiciary
Experienced Chartered Institute of Legal Executive lawyers, after
gaining seven years’ experience, will be able to apply to become
Recorders and Judges of the Upper Tribunal, hearing complex
civil, family, crime and tribunal cases.
Those appointed as Recorders would be able to preside over cases
in the Crown Court, sentencing some of the most serious
offenders, while those appointed as Judges of the Upper Tribunal
would deal with a range of appeals on issues such as immigration
and tax.
Chartered Institute of Legal Executive lawyers are not required
to hold a university degree and gain their legal qualifications
while working. They are more diverse in terms of gender and
social background than other legal professionals and many join
the profession mid-career or following a break.
Previously, they could only apply for judicial roles overseeing
less complex cases in the civil, family and magistrates’ courts
and the first-tier tribunal.
The move will increase the number of judicial roles that legal
professionals from under-represented groups can apply for –
better reflecting modern, multi-cultural, twenty-first century
Britain.
Lord Chancellor and Justice Secretary, said:
Providing more opportunities for experienced lawyers from a range
of backgrounds to join the bench strengthens the judiciary and
the rule of law.
That’s why we’re making these important reforms, to broaden
eligibility and ensure the judiciary is able to draw on a wealth
of experience.
Justice Minister said:
We are striving to build a legal system that truly reflects the
range of voices in our society.
This change shows how important the broader legal profession is
to our goal of breaking down barriers and boosting eligibility as
we recruit more, diverse judges.
Chartered Institute of Legal Executive lawyers represent a wider
range of society than the judiciary and broader legal profession.
Women make up 77 per cent of Chartered Institute of Legal
Executive lawyers while 41 per cent of judges are female. In
addition, just 6 per cent attended a fee-paying school, compared
to a third of barristers and 45 per cent of Recorders.
CILEX Chair Professor Chris Bones said:
Women and ethnic minorities are currently under-represented in
our judicial system and we need a judiciary that is
representative of the society we live in to promote confidence in
the rule of law. As one of the most diverse parts of the
legal profession, CILEX is a key solution to accessing talent of
greater diversity.
Judicial appointments should be based on merit and all lawyers
regardless of their professional title should be able to apply
for all judicial roles they are trained and competent to perform.
Today’s change is a part of the government’s wider efforts to
boost the number of judges so more cases can be heard across the
country.
Notes to editors
- The Statutory Instrument being laid today extends the
eligibility of CILEX lawyers with seven years’ experience to the
judicial offices of Judge of the Upper Tribunal (UTJ), Deputy
Judge of the Upper Tribunal (DUTJ) and Recorder.
- CILEX lawyers were previously eligible to apply for roles as
District Judge, District Judge (Magistrates’ Courts), Deputy
District Judge, Deputy District Judge (Magistrates’ Courts),
Judge of the First-tier Tribunal, Employment Judge, Road User
Charging Adjudicator and Parking Adjudicators. They can also
apply to become a Circuit Judge if they have served two years as
a District Judge.
- The Statutory Instrument will come into effect subject to the
approval of Parliament.
