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2.17 |
Since April 2001 officials have already held further events for The Law Society in London and local solicitors and barristers in Birmingham, Manchester, Chester and another in Cardiff. They have also attended the Ethnic Minority Lawyers' Conference and the Bar Council Conference. More details of these events will be given in next year's Annual Report. |
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2.18 |
The format used depends on the nature of each event. At conferences and similar gatherings the Lord Chancellor's officials are available to answer specific queries from those attending and have a stand where booklets, leaflets and application packs are available. At the events held around the country, which are organised in conjunction with the Bar Council and Law Society, or those held for particular organisations, a senior official gives a presentation about the appointments system. This is followed by an open question and answer session. Then over refreshments those attending are able to talk informally to several Judicial Group officials and members of the local judiciary who have been invited to attend. At the events organised by Judicial Group those who attend are invited to complete an evaluation questionnaire. The responses from these questionnaires have been very positive and have helped in the planning of future events. |
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2.19 |
Any individuals or groups who would be interested in such events or meetings in their area, including on a smaller scale for a firm or a set of chambers, are invited to contact Judicial Group on 020 7210 0626. |
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2.20 |
As another means of providing information about the appointments system, the Lord Chancellor has commissioned the Central Office of Information (COI) to produce a video intended to give useful information about judicial appointments procedures primarily to those who are or may become eligible to apply for judicial office. The video will convey the principles and practicalities of the judicial appointments system and attempt to dispel the myths surrounding it by showing various elements of the process. |
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2.21 |
Detailed discussion about the possible contents of the video took place in December 2000 at a meeting which included members of LCD, the Joint Working Party on Equal Opportunities in Judicial Appointments and Silk (paragraph 2.12), COI, and an independent video director. Following this, the director interviewed a number of people, including lay and judicial interviewers and former candidates for appointment, with a possible view to them appearing in the video to share their experiences of the appointments process from their own perspectives. These interviews helped the director to produce a treatment outlining in detail the approach to be taken in making the video. |
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2.22 |
It is envisaged that the video will be shown at conferences and events attended by officials from the Lord Chancellor's Department, copies will be distributed to solicitors' firms and barristers' chambers, and those with an interest will be able to contact the Department and request a copy. It is hoped that it will prove particularly helpful to those groups which are currently under-represented within the judiciary. |
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2.23 |
In 1997 a pilot appraisal scheme for Deputy District Judges began on the Wales and Chester Circuit (see map at Annex F). The scheme was developed by the Association of District Judges. Following the pilot the scheme was formally introduced on that circuit in November 1999 and on the North Eastern Circuit in October 2000. It is due to be introduced on all the remaining circuits in January 2002. |
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2.24 |
The objectives of the Scheme are:
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2.25 |
The Scheme provides for regular appraisals by selected District Judges or retired District Judges sitting in with Deputy District Judges (while the Deputy District Judges carry out a normal day's or part day's work) and completing written reports of such appraisals; and for support and counsel by mentor District Judges for Deputy District Judges. The appraisals are intended to assist in improving the judicial performance of Deputy District Judges and to provide a source of information for the Lord Chancellor when considering Deputy District Judges for full-time appointment or for continued appointment as Deputies. |
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2.26 |
The mentor's role is to counsel and advise the Deputy District Judge for whom the District Judge is mentor when such counsel or advice is sought or is otherwise required. A District Judge will never conduct an appraisal on the person he or she mentors. |
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2.27 |
Following a recommendation by Sir Leonard Peach in his scrutiny of the appointments systems an element of self appraisal has been introduced into the Deputy District Judge scheme. Sir Leonard also recommended that appraisal schemes should be extended to other part-time judicial posts. Appraisal of Deputy District Judges (Magistrates' Courts) (formerly Acting Stipendiary Magistrates) and part-time tribunal members in The Appeals Service and elsewhere already exists. Action is being taken to consider how best to extend more formal appraisal to the remaining part-time appointments. |
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2.28 |
In May 2000, the Lord Chancellor announced a wide-ranging, independent review of tribunals in England and Wales, and appointed Sir Andrew Leggatt to head the review. Sir Andrew was assisted by Dame Valerie Strachan, former Chairman of HM Customs and Excise, and by a small panel of expert consultees. |
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2.29 |
The administrative justice system has expanded enormously since the last major review of tribunals in 1957. Since then, from the 30 or so tribunals of the 1950s there are now nearly 100. This figure is increasing as new legislation introduces ever more new tribunals. In addition to tribunals there are many other regulatory bodies which have similar judicial functions. The administrative justice system now handles more cases than the civil courts. |
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2.30 |
The scale of these changes meant that the review had to be wide-ranging. The terms of reference included examining the arrangements for handling disputes, the funding and management of tribunals and their performance standards, and the overall structure for the delivery of administrative justice. The overarching aim was to produce an accessible, effective, efficient and coherent system, compatible with the European Convention on Human Rights. The review's report was published in August 2001, and the Government is consulting on its recommendations, including those on the way tribunal office holders are appointed. The Government will announce its conclusions in summer 2002. More information will be provided in next year's Annual Report. |
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Criminal Courts Review |
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2.31 |
In December 1999 the Lord Chancellor appointed Lord Justice Auld, a senior judge of the Court of Appeal, to conduct an independent review of the criminal courts. The terms of reference of this review, which was to complement Lord Woolf's 1996 review of the civil courts, were: "A review into the practices and procedures of, and the rules of evidence applied by, the criminal courts at every level, with a view to ensuring that they deliver justice fairly, by streamlining all their processes, increasing their efficiency and strengthening the effectiveness of their relationships with others across the whole of the criminal justice system, and having regard to the interests of all parties including victims and witnesses, thereby promoting public confidence in the rule of law". |
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2.32 |
When announcing this review the Lord Chancellor said it was the Government's aim to provide criminal courts which are: "modern and in touch with the communities they serve; efficient; fair and responsive to the needs of all their users; co-operative in their relations with other criminal justice agencies, with modern and effective case management to remove unnecessary delays from the system". |
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2.33 |
It is inevitable that some of the recommendations in Lord Justice Auld's report will have an effect on the work of Judicial Group. A Progress Report published by his team in October 2000 stated "Lord Justice Auld is satisfied that there is a sound case for retaining both lay magistrates and [District Judges (Magistrates' Courts)] and their present jurisdiction." The Progress Report also indicated that consideration was being given to the establishment of an intermediate tier of jurisdiction to deal with some either way offences (i.e. cases that can be heard in magistrates' courts or, if the defendant elects, the Crown Court). These proposals are incorporated in the final report. As with Sir Andrew Leggatt's review, once the Government has considered Lord Justice Auld's report, Judicial Group will consider the implications for the appointment of judges and magistrates in the criminal courts. Next year's Annual Report will include the latest information available on these matters. |
(1) The Joint Working Party on Equal Opportunities in Judicial Appointments and Silk was set up to propose action and advise the Lord Chancellor on ways to increase the number of applications for judicial appointment and silk from women and black and Asian lawyers with the appropriate seniority and relevant experience. With Judicial Group staff providing the secretariat, the working party consists of representatives of The Bar Council, The Law Society, The African, Caribbean and Asian Lawyers' Group, The Society of Asian Lawyers, The Society of Black Lawyers, The Association of Women Barristers, The Association of Women Solicitors and The Bar Council Disability Committee.
(2) The Peach Implementation Project Board was established to steer, review and monitor the progress of implementing Sir Leonard's recommendations. It is made up of representatives from Judicial Group, the Court Service, two members of the judiciary, a lay academic, the Lord Chancellor's advisor on diversity issues and the Legal Services Ombudsman.