The Organisation of the Judiciary

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II The Judges’ Council

21. The Judges Council meets at least 6 times a year with special meetings as necessary. It has a specific statutory responsibility for appointing three members of the Judicial Appointments Commission under the Constitutional Reform Act 2005.

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22. The functions of the Judges’ Council: The primary function of Judges’ Council is to be a body broadly representative of the judiciary as a whole which will inform and advise the Lord Chief Justice. The Judges’ Council:

  1. is consulted to obtain a wide perspective on matters which concern more than one discrete judicial grouping;
  2. considers and conveys views, ideas or concerns of the wider judicial family;
  3. provides detailed analysis and consideration of specific matters on which judicial views are sought;
  4. develops policy in matters within its areas of functional responsibility;
  5. has functional responsibility to inform and advise the Lord Chief Justice on matters as requested from time to time. At present these include:
    1. the maintenance of judicial independence,
    2. maintaining and developing a Judicial Code of Conduct,
    3. developing general policy for the welfare and guidance of the judiciary, including policy on career development and diversity,
    4. 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,
    5. considering and making representations as to the terms and conditions of Judges’ employment, including pay and pensions,
    6. responding to consultation papers on policy and law reform,
    7. developing and make recommendations on IT policy through a standing committee, the Judicial Technology Board,
    8. liaison with the Judicial Appointments Commission and the  Judicial Studies Board.
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23. The composition of the Judges’ Council: The Council is intended to be broadly representative of the judiciary as a whole with a membership comprising:

  1. The Lord Chief Justice is Chairman
  2. The Senior Presiding Judge
  3. 1 member of the House of Lords
  4. 1 member of the Court of Appeal
  5. 2 Queens Bench Division Judges (at least one of whom is a Presiding Judge);1 Chancery Division Judge;1 Family Division Judge;
  6. 1 RCJ member (Masters, Registrars, Costs Judges etc);
  7. 2 Circuit Judges;
  8. 2 District Judges;
  9. 1 District Judge (Magistrates' Courts);
  10. 1 magistrate;
  11. 3 Tribunal members.
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24. Selection of members:

  1. With the exception of the ex officio members, a member should be selected (directly or indirectly – e.g. through an Association or Council) by the Judicial group, or constituency, which he (or she) represents.
  2. The usual period of membership is three years, with a power to extend for about a year in specific circumstances.
  3. The Council has a power to co-opt.

25. It does its work largely through working groups and committees and is supported by a Secretariat.

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26. The Executive Committee of the Council is comprised of a maximum of seven selected by the Council to reflect the composition of the Council and is chaired by the Senior Presiding Judge. It meets monthly, carries out such functions as the Judges’ Council sets out in guidelines and is a co-ordinating channel through which:

  1. Regular reports are made on issues arising in relation to Her Majesty’s Courts Service and Department of Constitutional Affairs – resources (as set out in the Concordat) Appointments, IT, property etc. The representatives of the Judges’ Associations keep their membership informed;
  2. Standing Committees and sub-groups of judges set up as working groups to deal with issues affecting the judiciary as a whole are coordinated;
  3. Working groups are established to respond to consultation papers affecting the judiciary as a whole;
  4. Coordination between the various Judges’ Associations is maintained and issues concerning them discussed;
  5. Reports are made to the Council on all these activities;
  6. Coordination with the Judicial Executive Board is ensured, with attendance of a member of the Judicial Executive Board at regular intervals.

27. The Council also receives regular reports on

  1. General policy on judicial recruitment and appointment
  2. Judicial training
  3. Judicial Discipline
  4. Relations with the profession
  5. The Judicial representatives on MoJ Boards
  6. Communications strategy
  7. Overseas relations (including relations with Europe) and overseas travel (including who benefits from the budget for travel which has been transferred from the Department of Constitutional Affairs).

28. The Council produces an annual report for the year ending on 31 December and sends a regular newsletter to all judges.

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