Posts Tagged ‘judicial college’
Equal Treatment Bench Book – 2021 revision
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/
Equal Treatment Bench Book: revised edition
A revised edition of the Equal Treatment Bench Book was published in March 2020. It aims to increase 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. (I wrote about the first edition of the revised bench book in this blog in April 2018.)
This latest edition of the Equal Treatment Bench Book 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. It includes new and expanded sections on litigants in person, refugees, modern slavery, Islamophobia and anti-Semitism.
There are practical suggestions 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.
The Equal Treatment Bench Book has also issued guidance on the conduct of remote hearings.
See https://www.judiciary.uk/publications/new-edition-of-the-equal-treatment-bench-book-launched/
Equal treatment: Guidance from the Judicial College
It should go without saying that, particularly in the legal arena, those who take part in proceedings before courts and tribunals need to feel that they have been treated equally.
This is, of course, easier said than done, as David Lammy’s report on the Criminal Justice System, published in 2017 showed. (See this blog 29 Sept 2017). But for many years first the Judicial Studies Board and now the Judicial College have offered guidance to judges (and by extension to others involved in the justice system) about the best ways to try to ensure that people are treated fairly.
Much of this focusses on the language that judges and others involved in the justice system use generally (for example in relation to litigants in person) and in relation to those from specific sectors of society, who may be defined by their religion, their ethnicity, their sexual orientation, mental or physical disabilities, their gender.
In February 2018, the Judicial College published an on-line updated revision to its ‘Equal Treatment Bench Book’. Bench books were originally devised as a handy guide to key issues which could sit on the judge’s desk, available for him to refer to it that seemed necessary.
I am not sure whether this particular Bench Book can be used in this way. For one thing, it is very long – well over 400 pages. And the issues raised are such that I would have thought judges would need to have considered them before a case or other proceedings have started. (It would not be desirable for a judge to stop in the middle of a sentence in order to look up how a particular person should be addressed.)
But I don’t agree, as some comments in the press have suggested, that the Equal Treatment Bench Book is an example of political correctness gone mad. It seems to me to be an honourable attempt to raise questions and address issues that arise in practice but that many judges may not have thought about before. (Indeed, I think there are some parts of the book that would be of interest to a wider readership.)
I set out the link to the text here, and invite readers to take a look at the Book and come to their own view on its value.
Training the Judges – developing the work of the Judicial College
In December 2012 I published a podcast with Lady Justice Hallett on the work of the Judicial College in training the judiciary. Her role was taken over by Lady Justice Rafferty in August 2014.
The work of the College has continued to develop although with reduced resources.
It still provides core induction training for all new judges – different courses depending on the type of judge concerned – criminal, civil, administrative.
But its most notable innovation has been the creation of an extensive prospectus of courses to which sitting judges may sign up. (They have to undertake a minimum amount of compulsory professional development wach year). The scope of the programme is considerable and includes a number of academic seminars bringing together judges and legal scholars. The bulk of the programme focusses on practical matters arising in different subject areas.
Information about the work of the Judicial College can be found at https://www.judiciary.gov.uk/about-the-judiciary/training-support/judicial-college/
The current prospectus (valid until March 2015) can be accessed by clicking on the link on that page.
The Equal Treatment Bench Book, published by the College is also available on-line. See https://www.judiciary.gov.uk/publications/equal-treatment-bench-book/
Martin Partington: Introduction to the English Legal System 15th ed 2021
Oxford University Press Learning Link Resources
Martin Partington: Spotlight on the Justice System 