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12 February 2020 / Simon Garrod
Issue: 7874 / Categories: Opinion , Profession
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The case for a representative judiciary

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Opening up the senior judiciary to chartered legal executives is key to tackling its diversity problem, says Simon Garrod

A recent report by law reform group Justice has warned that our senior judiciary is still dominated by white men, with progress towards improving diversity proving lamentably slow (see ‘Increasing Judicial Diversity: An Update’, https://bit.ly/38i78zV).

Only a third of judges in courts are female and just seven per cent are BAME (black and minority ethnic), compared with 13% of the population in England and Wales. Those from higher socio-economic groups dominate, with three in four existing senior judges having attended Oxbridge and 60% having been privately educated, despite only seven per cent of the country attending fee-paying schools.

Failure

The failure of our judiciary to reflect the society its serves has long been a cause for concern. It is perhaps not so surprising when you look at the whole legal profession which has struggled to open itself up—especially where it would make the most impact—in senior and visible positions. A blinkered reliance on those

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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