header-logo header-logo

Change for the worse

25 November 2016 / Adrian Jack
Issue: 7724 / Categories: Opinion , Profession
printer mail-detail
nlj_7724_jack

Adrian Jack rejects the government’s recent proposals for judicial reform

The Ministry of Justice is consulting on wide-ranging changes to the judiciary’s career paths and terms and conditions. The changes are largely negative for the judiciary and will further damage judicial morale.

The judicial career

The Neuberger Panel on Judicial Diversity back in 2010 recommended that efforts to promote diversity should concentrate on promoting a “judicial career”. The Commission never gave any examples of what a realistic career might be save that it “should be able to span roles in the courts and tribunals as one unified judiciary”. It recommended that fee-paid judges’ terms of office should end after three renewals (15 years). There was a consultation on the Neuberger recommendations and the proposal for limiting the length of holding office was rejected by the government. It would have led to too great a loss of experienced judges.

The latest consultation does not give examples of what a judicial career might look like either. Its particular proposal is that fee-paid judges should serve only

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll