Martin Partington: Spotlight on the Justice System

The Equal Treatment Bench Book (ETBB) is the subject of frequent amendment. A Comprehensive revision was released in February, 2021..

The aim of the ETBB to increase judicial awareness and understanding of the different circumstances of people appearing in courts and tribunals.  It is designed to enable effective communication and suggests steps which should increase participation by all parties.

This new revision of the ETBB cites recent evidence regarding the experiences of different communities living in Britain today. It contains practical guidance aimed at helping make the court experience more accessible for parties and witnesses who might be uncertain, fearful or feel unable to participate.

There are practical tips on communicating with those speaking English as a second language or through interpreters, communicating with people with mental disabilities, a guide to different naming systems, and latest views on acceptable terminology.

There is new and expanded content on:

• The impact of the COVID-19 pandemic on different groups and how to conduct remote hearings (on audio or video platforms) fairly
• Welsh/English bilingualism and the right to speak Welsh in courts and tribunals in Wales
• Reducing jargon and legalese
• Assisting a litigant who has difficulty reading or writing
• Extended guidance in relation to litigants-in-person (ie people representing themselves)
• New entries in the disability glossary
• Confidence in the courts of minority ethnic communities
• Sensitivity if a witness is experiencing menopausal symptoms

Although intended primarily for use by judges in courts and tribunals, its contents deserve to be widely known appearing in a court or tribunal or with an interest in how the legal system works. It is of particular relevance to those who may be seeking a judicial appointment.

The full text of the 2021 revision is at https://www.judiciary.uk/announcements/equal-treatment-bench-book-new-edition/