By Kerry Howard Mwesigwa
As the UK justice system continues to grapple with a backlog of 62,000 serious criminal cases, the government has announced that legal executives will be allowed to become crown court judges. This move is expected to boost diversity and address the backlog of cases that has been building up for years. The crown court bench has traditionally been occupied by barristers and some solicitors. However, the updated rules aim to broaden the pool of potential judges in the crown courts and upper tribunals by making up to 4,500 lawyers from diverse backgrounds eligible for these positions.
Members of the Chartered Institute of Legal Executives will be encouraged to apply if they have at least seven years of experience. This move is expected to make the judiciary more diverse, as these lawyers come from a wider range of backgrounds and experiences. The government is committed to reducing the backlog of cases to 53,000 by early 2025. Alongside tackling the backlog, the government sees the recruitment of legal executives as a way to increase social diversity within the judiciary. Chartered institute members are not required to hold university degrees and can pursue legal qualifications while working, making this an accessible route to becoming a judge.
Previously, legal executives could only apply for judicial roles overseeing less complex cases in civil, family, magistrates’ courts, and the first-tier tribunal. Under the new rule, their eligibility will extend to more complex civil law cases in the crown courts and upper tribunals. This will provide more opportunities for experienced lawyers from a range of backgrounds to join the bench, which will strengthen the judiciary and the rule of law.
Chris Bones, the chairman of the Chartered Institute of Legal Executives, said: “Women and ethnic minorities are 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.”
The government has introduced a statutory instrument to enable the reform, which will come into effect following approval by Parliament. This reform marks a significant shift in the way the judiciary is recruited, as it opens up the profession to a more diverse group of lawyers. Overall, this move is expected to bring about positive change for both the legal profession and society as a whole. It is hoped that increasing diversity within the judiciary will promote greater trust in the rule of law and improve access to justice for all members of society.
