Legal Personnel 12 Markers

To become a judge, one must be qualified and practised for at least 5 to 7 years.

95% of superior court judges were barristers.

Cases are handled with those with experience and knowledge and lead to the right outcomes.

COUNTER - most judges are old, so out of touch.

Qualification to be a judge takes many years of legal practice.

70% of judges are over 50 years and it is rare that people under 40 are appointed.

Out of touch with current issues leading to less satisfactory outcomes.

COUNTER - experiences judges have makes them experts.

Judicial independence allows judges to review decisions from Government ministers without fear of consequence.

ATB v Aylesbury Mushrooms - judges able to to find against the minister rather than allowing him to ignore those affected by law.

Executive is help to account, citizens are protected and upholds the rule of law.

COUNTER - judges’ qualification, retirement and pensions rules are decided by Parliament.

Legislature and Executive may have indirect ways to hold over the judiciary.

Parliament can change the law - how to qualify or be appointed as a judge, when they must retire and their pensions.

Indirect incentive for judges to keep Parliament happy, influencing decisions.

COUNTER - judges are kept independent, through salary.

Judges are independent, so no risk of being sued and are not connected to the case they are hearing.

Re Pinochet - had to be retried due to one of the original Lord being connected to the case.

Decisions are free of any outside influence, so decisions are fair and in line with the law.

COUNTER - risk of bias due to lack of BAME representation.

Judiciary is often seen as being dominated by the elderly, white men from the upper class.

In 2022, 10% of all judges were from BAME background, 5% of superior judges came from said background, whereas 18% of the population are BAME.

Judiciary may not have an understanding of cultural issues and issues with social mobility.

COUNTER - improvements to the diversity of the judiciary in the last ten years.

Classic makeup of judiciary has changed over time.

10% increase in female judges and a 3% increase in BAME judges.

Reflects the makeup of society, reduces any bias and allows for social mobility for underrepresented groups.

COUNTER - disproportionate amount of male judges so society is not fully reflected.

More common for men to become solicitors and barristers than women, and men tended to be appointed as judges.

35% of judges in 2022 were female, with 30% of superior court judges being female.

Judiciary may not be reflective of society and behind on enabling women to progress in law.

COUNTER - judges are impartial and disconnected from the case, so less bias.