Page 6 - Judicial Diversity Update report

EXECUTIVE SUMMARY

In 2017, JUSTICE published its report Increasing Judicial Diversity, which set out
the case for judicial diversity and explored the structural barriers faced by women,
visible BAME people and those from less advantaged socio-economic backgrounds
in reaching the bench. This Update builds on that report. It assesses the progress that
has been made since 2017, outlines critical remaining areas of concern and makes
further recommendations for improving judicial diversity.

Like the original report, it focusses on the diversity of the senior courts in England
and Wales (namely the Circuit Bench, High Court and Court of Appeal) and the UK
Supreme Court and looks at the appointment of women, Black, Asian and Minority
Ethnic (BAME) candidates, non-barrister candidates and those from a lower socio-
economic background. In addition to the original report it also considers the disability
and sexual orientation and gender identity.
This Update finds that despite the clear case for increased judicial diversity progress
has remained slow:

• Gender has seen the most positive developments over the last two years,
with noticeable gains in the proportion of women at the Circuit bench in
particular. However, this progress is fragile and significant challenges
remain.

• There has been a stagnation in the appointment of BAME judges. Whilst
increased outreach efforts have seen an increase in BAME applicants this has
not translated into appointments of BAME judges. The very low number of
BAME judges in the senior judiciary poses an acute challenge to the
credibility and legitimacy of the judiciary, representing a challenge for trust
and confidence with minority communities.

• Solicitors continue to apply for senior judicial office in much lower numbers
than their proportion of the estimated eligible pool and their relative success
rates compared with barristers remain poor. In particular, solicitors struggle
to get appointed to the two key feeder roles to senior appointment – Recorder
and Deputy High Court Judge.

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