header-logo header-logo

09 April 2025
Issue: 8112 / Categories: Legal News , Profession , Criminal , Discrimination
printer mail-detail

Bad behaviour on the bench

Judicial bullying and poor conduct appear to be increasing, according to Criminal Bar Association (CBA) research.

Analysis published this week of the CBA national survey, which concluded in March, found 45% of criminal barristers called in the past decade have experienced judicial bullying, an increase of 10% on those called in the previous decade, and 9% more than those called in 1995–2004.

In total, 61.5% of the Criminal Bar say they have experienced bullying or harassment from a judge, and 42% cite judicial behaviour as one of their main work stressors.

However, most barristers do not complain—of the 14% who did, only 1.7% contacted the Judicial Conduct Investigations Office, while 3% raised the issue with presiding or resident judges and 6% did so within chambers or to circuit leaders.

CBA chair Mary Prior KC, outlining the survey results, said: ‘There was a concern that much of the poor conduct came from the same judges whose behaviour was well-known but that nothing seemed to change.

‘The perception was the formal complaint mechanisms were ineffective and that making a complaint about a judge would be harmful to career progression.’

Moreover, one in three criminal barristers has personally experienced bullying, harassment or discrimination from colleagues. The CBA research found the numbers of barristers subjected to poor behaviour has remained much the same in the past three decades—between 44% and 47% from 1995 to 2024. Black practitioners, in particular, are highly likely to have faced poor behaviour (79%), and Asian practitioners are very likely (55%).

Other sources of frustration included late delivery of prisoners—more than half described this as ‘routine’, and one quarter said it happens ‘often’—and logging on to the Common Platform: 43% frequently, and a further 43% occasionally, have problems logging on. Three-quarters have experienced cases not appearing on the list.

Issue: 8112 / Categories: Legal News , Profession , Criminal , Discrimination
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll