The rule-change, made by statutory instrument this week and due to take effect immediately following parliamentary approval, will make these three judicial roles available to a further 4,500 more lawyers. Previously, only solicitors and barristers could apply.
Recorders preside over cases in the Crown Court, sentencing some of the most serious offenders, as well as hearing complex civil and family cases in the county court. The Upper Tribunal hears appeals on a wide range of issues such as immigration and tax.
The move is likely to make the judiciary more representative of society—just 6% of CILEX lawyers attended a fee-paying school compared to a third of barristers and 45% of recorders, and women make up 77% of CILEX lawyers compared to 41% of judges. One reason for this may be that CILEX lawyers are able to train while working, making this branch of the profession more attractive to people switching careers, joining after a break, or who need to earn while they learn.
In 2010, deputy district judge Ian Ashley-Smith became the first CILEX lawyer to be appointed to the judiciary, two years after restrictions to selected judicial roles were dropped. This week’s rule-change adds to the list of judicial roles open to CILEX lawyers—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. CILEX lawyers can also become a circuit judge after serving two years as a district judge.
CILEX chair Professor Chris Bones said: ‘To promote confidence in the rule of law, we need a judiciary that is representative of the society we live in, and as one of the most diverse parts of the legal profession, CILEX is a key solution to accessing talent of greater diversity.
‘All lawyers regardless of their professional title should be able to apply for all judicial roles they are trained and competent to perform. The trailblazing judges among the ranks of CILEX lawyers have shown they are more than up to the job.’
Also welcoming the news, Nick Vineall KC, chair of the Bar Council, said: ‘Judges should be, and are, appointed on merit. If candidates for judicial appointment can demonstrate the skills and experience required for the role, it should not matter in which branch of the legal profession those skills and experience were acquired.’
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