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Judicial diversity

Andy Howells

5th July 2010

...is something that students are asked to consider when assessing whether or not our judges’ backgrounds reflect that of the public at large. Improvements to judicial selection have been made in recent years, and in particular judges are now appointed by an independent commission, which has just published the latest diversity statistics.

This seems to show more women and BME candidates applying under the new system, and more women being appointed under it. Of course, this begs a question as to the fate of the increased number of BME applicants, in relation to whom the rise in applications has not led to a corresponding rise in appointments.

Applications from solicitors have doubled, and they are now being appointed at the same rate as their learned colleagues from the Bar.

The issue of sexuality remains a vexed one, however. The Guardian notes research showing that gay lawyers are still put off applying for a post by judicial culture, and the atmosphere is perhaps reflected in the lack of high-profile judges who are “out”. There is a lack of data here, which perhaps needs to be remedied if the likes of Sir Terence Etherton are not to remain the exception rather than the rule.

Some progress made, then, but clearly there’s a long way to go if we want our judges to truly reflect - and therefore fully understand - the society they serve. A lot of good data here for your students in any event!

Andy Howells

Andy Howells is Head of Law at a large northern Sixth Form College and a former solicitor.

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