Published: 03/06/2003

230/03

3 June 2003

GOVERNMENT LAWYERS TO SIT AS JUDGES

The career prospects of Government lawyers received a major boost today, with the announcement they can now sit as judges in a wide range of civil and criminal cases.

The Lord Chancellor, Lord Irvine, and the Attorney General, Lord Goldsmith, have agreed to open up the judiciary to lawyers from the Crown Prosecution Service (CPS), Serious Fraud Office (SFO) and Government Legal Service (GLS). For the first time, Government
lawyers will be eligible to sit as Civil Recorders (part-time judges) and as Deputy District Judges in the Magistrates' Court.

The Lord Chancellor said:
"Many reforms are being considered for the justice system and in opening up appointments in this way I am aiming to increase the diversity of the pool from which judges are drawn and to reduce to a
minimum the barriers to appointment to lawyers with the appropriate skills."

The Lord Chancellor emphasised that all candidates for appointment to these posts will be required to apply in the usual way and will be assessed against the competencies for the post. He added: "As with
all appointments I will appoint the person who is best qualified for the post".

The Attorney General, Lord Goldsmith QC, said:
"Full-time members of the judiciary get the necessary experience by first sitting as part-time judges, whilst continuing their day jobs.
Government lawyers, until now, have been severely restricted in the judicial appointments they can apply for. This has restricted their opportunities for progressing their careers beyond the CPS, SFO or
GLS.

"Now, for the first time, all Government lawyers can apply to sit as part-time judges in civil work. And CPS and SFO lawyers can become Deputy District Judges in the Magistrates' Courts.

"This is excellent news for Government lawyers. Government work offers unparalleled challenges and responsibility. It can now also offer the brightest and best the opportunity to progress to the judiciary. It means that the judiciary can benefit from a broader intake, with all the skills and experience Government lawyers can offer. It is a further development in the status and role of the CPS as it enters its third stage. I look forward to seeing the first government lawyer progressing to the bench full-time."

Under the current arrangements CPS, SFO and GLS lawyers are eligible to apply for appointments in jurisdictions where the State is not habitually a party. After very careful consideration, particularly in
relation to the requirement for an independent and impartial tribunal, and in discussion with the judiciary, it has been agreed that:

a) CPS and SFO lawyers will be eligible to apply to sit in tribunals where the Government is a party.

b) CPS, SFO and GLS lawyers will be eligible to apply to sit as Recorders in civil work, except in civil matters that involve their own Department.

c) GLS lawyers will be eligible to apply to sit as Deputy District Judges in the Magistrates' Courts (but not to sit on their own Departmental prosecutions).

d) The practicalities of listing in the Magistrates' Courts will be considered so that CPS and SFO lawyers will be eligible to apply to sit on criminal matters as Deputy District Judges in cases not involving their own Department.

The Lord Chancellor has also decided to develop detailed arrangements that would allow CPS/SFO/GLS lawyers who hold part-time judicial appointments in tribunals, to apply to sit full-time in another jurisdiction, for example, as a Circuit Judge.

Notes to editors

1. In June 1998 Sir Iain Glidewell published his report on the Review of the Crown Prosecutions Service. He believed there would be advantage in allowing CPS lawyers to progress via part-time sitting to appointment as District Judge (Magistrates Court) or Circuit Judge as they would contribute a wealth of experience and the opening up of judicial appointments would enhance the career possibilities for
lawyers joining the CPS. However, ECHR issues concerning the independence and impartiality of tribunals, not referred to in the Glidewell Report, were identified and the Government said it would
consider the matter in the light of the ECHR issues.

2. An inter agency working group was set up to consider the issues further and to make recommendations to the Lord Chancellor on the way forward. The policy changes announced today are the result.