Modernising judicial terms and conditions

Closed 1 Dec 2016

Opened 15 Sep 2016

Results Updated 8 Feb 2017

This document sets out the government’s response to the ‘Modernising Judicial Terms & Conditions’ consultation, which was published on 15 September 2016. The consultation paper set out proposals for reform in several key areas of judicial terms & conditions, comprising:

  • introducing a single fixed term for fee-paid judges
  • introducing the ability to recruit to leadership positions for a fixed term, with accompanying temporary remuneration
  • introducing an expectation – rather than guarantee – of the number of days existing fee-paid court judges are required to sit
  • removing the entitlement of existing fee-paid judges to claim travel expenses for journeys to their primary courts
  • introducing a requirement for existing salaried and fee-paid judges to provide notice of intention to resign or retire.

The consultation received more than 400 responses; the majority of these were from existing fee-paid judges, but responses were also received from associations representing salaried judges; from bodies representing the legal professions, such as The Law Society, the Bar Council, Chartered Institute of Legal Executives; and from the Judicial Appointments Commission.

A detailed summary of responses is set out in Annex A of the response document.

 

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Overview

We've identified an error on page 7 of the consultation document following some queries about its scope. The current version says that the consultation is “relevant to judicial office holders deployed across courts and HMCTS tribunals in England and Wales”. This is partially incorrect. 

The proposed measures in the consultation would indeed apply to judicial office holders in courts in England and Wales whose terms and conditions are set by the Lord Chancellor. But they would also apply to office holders in HMCTS Tribunals throughout the UK whose terms & conditions are set by the Lord Chancellor.

The proposals would not apply to Employment Judges in the Employment Tribunal in Scotland because their terms and conditions are set by the Lord President.

To allow an appropriate amount of time for responses we're extending the consultation, to now close on 1 December. If you've already responded but would like to add or amend comments in light of this, please contact us at: judicialterms@justice.gsi.gov.uk

With the undertaking to fundamentally reform the courts and tribunals system in England and Wales, the government has been liaising with the judiciary about whether reforms of the judicial system are needed to help deliver this ambitious change programme.

In 2013, the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals established a Steering Group to look at the use of the judiciary and to formulate strategic proposals for their consideration and agreement.

The scope of the Steering Group’s work included particular consideration of “the terms and conditions of salaried and feeā€paid judicial office holders, the promotion of diversity and the deployment of the judiciary within the modernised courts and tribunals.”

The government would now welcome your views on the following proposals:

  • introducing a new single fixed term for new fee-paid judges;
  • introducing the ability to recruit to leadership positions for a fixed term, with accompanying temporary remuneration;
  • introducing an expectation – rather than guarantee – of number of days existing fee-paid court judges are required to sit;
  • removing the entitlement of existing fee-paid judges to claim travel expenses for journeys to their primary courts; and
  • introducing a requirement for existing salaried and fee-paid judges to provide notice of intention to resign or retire.

Areas

  • All Areas

Audiences

  • Legal professionals
  • Judiciary

Interests

  • Judicial appointments
  • Judiciary