Topic > Lack of diversity in the justice system - 1091

It is widely recognized that the justice system in England and Wales is not representative of society as a whole. The composition of the judiciary is regularly subject to criticism over its seemingly homogeneous identity, being made up largely of elderly white male lawyers trained at Oxford or Cambridge. This ethic has prevented diversity within the judiciary, particularly at the top of the judiciary. Academics such as John Griffith have suggested that the narrow reach of the judiciary threatens to undermine public confidence in the justice system. Similarly, Baroness Hale argues that a representative judiciary is central to directives associated with promoting equal opportunities and strengthening judicial legitimacy. The government has attempted to combat these problems with statutory and procedural changes to the Courts and Legal Service Act 1990, the Courts Act 2003, the Constitutional Reform Act 2005 and the Judicial Appointments Committee. However, the government's reforms have had little impact on the demographic profile of the judiciary, as the cornerstone of all judicial appointments is merit. Until diversity can break into the judiciary, particularly in the upper echelons of the judiciary, there will continue to be a persistent threat to public trust in the judiciary as diversification is yet to materialise. Structural changes before 2005 Before the 2005 reforms, the appointment of judges The judiciary of England and Wales was full of secrecy and bias, with a complete disregard for transparency and accountability. The old ways of appointing have been described as an informal network of “old boys” creating a self-sustaining system. John Griffith argues this at...... midway through the paper ......Elliott C and Quinn F, English Legal System 2013/14. (Pearson Education 2013) Dobbs, 'Diversity in the Judiciary' lecture, Queen Mary, University of London, 17 October 2007 9.Hale B, 'Equality and the Judiciary: Why Should We Want More Women Judges' (2001) 489-504Malleson K, “Rethinking the Merit Principle in Judicial Selection” (2006) 33 Journal of Law and Society 126Office J, “Diversity Statistics and General Overview”, accessed 17 November 2013 Rackley E, “Judicial Diversity, the Woman Judge and Fairy Tale Endings " (2007 ) 27 Legal Studies 74Sueur AL, Sunkin M and Murkens J, Public Law: Text, Cases and Materials 2e (Oxford University Press 2013)Williams A, 'Uk Government and Politics (1998). (Heinerman) —— Reported in the House of Lords Hansard, 17 March 2011.