The Judges’ Council
The Judges’ Council was first set up under the Judicature Act 1873. It was chaired by the Lord Chancellor and all the Judges of the Supreme Court were members.
Background
The Judges’ Council was first set up under the Judicature Act 1873. It was chaired by the Lord Chancellor and all the Judges of the Supreme Court were members. The Council continued to function until 1981.
Following serious academic debate, the then Lord Chief Justice, Lord Lane, set up a new Judges Council in 1988. This new Council was chaired by the Lord Chief Justice and had a smaller membership of the more senior judges.
In 2002 the Council adopted a written constitution and has subsequently widened its membership to include representatives from all areas of the judiciary including the House of Lords, the Circuit and District Benches, the Magistrates Association and Tribunals.
In March 2006 the Council further revised its constitution and membership following the coming into effect of the Constitutional Reform Act 2005. This Act and the Concordat vest in the Lord Chief Justice very considerable responsibilities in respect of the judiciary and of the business of the courts of England and Wales. The Lord Chief Justice exercises these responsibilities through the Judges’ Council and the Judicial Executive Board.
Read more about the Judges' Council.
Role
The primary function of the present Judges’ Council is to be a body broadly representative of the judiciary as a whole which will inform and advise the Lord Chief Justice on matters as requested from time to time. At present these include:
- the maintenance of judicial independence
- maintaining and developing a Judicial Code of Conduct
- developing general policy for the welfare and guidance of the judiciary, including policy on career development and diversity.
- considering and making recommendations on the spending review priorities, targets and plans as they affect the judiciary and the financing and resources for the court system
- considering and making representations as to the terms and conditions of Judges’ employment, including pay and pensions
- responding to consultation papers on policy and law reform
- developing and make recommendations on IT policy through a standing committee, the Judicial Technology Board
- liaison with the Judicial Appointments Commission and the Judicial Studies Board.
The Judges’ Council is also consulted to obtain a wide perspective on matters which concern more than one discrete judicial grouping. It considers and conveys views, ideas or concerns of the wider judicial family; provides detailed analysis and consideration of specific matters on which judicial views are sought and develops policy in matters within its areas of functional responsibility.
The present Council meets at least six times a year and is chaired by the Lord Chief Justice. With the exception of the Senior Presiding Judge, the other 16 members are selected by the Judicial Group or constituency which that member represents. Detailed work is carried out through standing committees and working groups.
Other Roles
Under paragraph 24 of the Concordat the Council is assigned the function of meeting with the Chief Executive of Her Majesty’s Court Service to provide judicial input on resources. It has also recently selected three judicial members of the Judicial Appointments Commission pursuant to paragraph 7 (7) of the Constitutional Reform Act.
In 2004 the Council became a member of the European Network of Judges’ Councils (ENCJ), an organisation set up to promote judicial independence and to analyse and exchange information on issues of common interest such as case management, judicial conduct and judicial functions.
Judges' Council Publications
The Council is supported by its own independent Secretariat, publishes regular Newsletters to the judiciary and an annual report. Links to recent publications are given below:
Third Annual Report of the Judges' Council of England and Wales [April 2008] (PDF 322kb)
The Guide to Judicial Conduct - Revised Version March 2008 (PDF 155kb)
First Progress Report of the Standing Committee of the Judges' Council: Judicial Support and Welfare [December 2007] (PDF 200kb)
Second Annual Report of the Judges´ Council of England and Wales
[9 May 2007] (PDF 198kb)
First Annual Report of the Judges´ Council of England and Wales
[27 April 2006] (PDF 267kb)
Consultation responses
From time to time the Judges' Council responds to government proposals on issues which have a direct impact on the running of the courts. Judges' Council published responses can be found in the Publications and Media area of this is site.