England: Eligibility for the bench widened to deal with court backlog

England: Eligibility for the bench widened to deal with court backlog

Senior legal executives will have the opportunity to become Crown Court judges in England and Wales as the UK government takes action to address the backlog of serious criminal cases.

Justice Secretary Alex Chalk KC announced that the departure from usual practice on the Crown Court bench, which has traditionally been occupied by barristers and some solicitors, is being made to address the backlog of 62,000 cases south of the border.

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, the third branch of the legal profession in England and Wales, will be eligible to apply if they have at least seven years of experience.

The crown courts currently face a backlog of approximately 62,000 cases and the government is committed to reducing this number 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.

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.

Mr Chalk said that “providing more opportunities for experienced lawyers from a range of backgrounds to join the bench strengthens the judiciary and the rule of law”.

Chris Bones, the chairman of the chartered institute, 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.

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