The Revised Guide to Judicial Conduct: what’s new?

In July 2023, a revised version of the "Guide to Judicial Conduct" was published. It is the essential manual applying to all judicial office holders (and coroners) in courts and tribunals, whether salaried or fee-paid, legal or non-legal, and including those operating in Scotland and Northern Ireland.

The Guide provides a clear framework for the standards of behavior that judicial office holders are expected to uphold. This revised guide ensures that the judiciary's principles and values remain consistent with contemporary societal expectations.

Key updates

Overall, the changes indicate a move towards greater clarity, inclusivity, and up-to-date practices in the judicial system's guidelines. The introduction of the Statement of Expected Behaviour and updated guidance on conflicts of interest, media interaction, and gender-neutral language shows a proactive approach to address modern challenges and expectations in the judiciary.

Statement of Expected Behaviour

A separate document has been introduced to define and inform all judicial office holders about the desired and expected standards of behaviour from them, with a particular focus on interactions with others in the workplace. It builds on, and does not replace, the Guide itself. It reiterates that the same standards of behaviour are expected as between judicial office holders as they are towards staff and users. Some of the more notable standards include:

• Being mindful of the authority that judicial office holders possess and “being careful not to abuse it”;
• Remaining “patient and tolerant” when encountering difficult situations, and avoiding “shouting or snapping”; and
• Being “open to feedback” that may have caused discomfort or offence.

 

Conflict of Interest

The guidelines surrounding conflicts of interest have been revised to ensure that those without legal training (e.g. magistrates) can more readily identify situations where potential conflicts might arise and are guided on the necessary steps to take.

The Guide now makes clear that the same principles apply to non-legal members and magistrates as they do to every other judicial office holder, and recommends that if there is any doubt as to the need for recusal, advice should be sought from the leadership judge and/or senior legal manager at an early stage.

 

Media and Social Media Guidance

The guidelines relating to media interaction and social media presence have been updated to reflect the latest standards and best practices, which includes referencing the separate Social Media Guidance for the Judiciary issued on 11 May 2021 (available on the judicial intranet).

That guidance highlights the risks of social media use by judges, including by compromising their safety (or that of their family or colleagues), as well as diminishing the trust and confidence in the judiciary as a whole, if for example, views are expressed or endorsed which could cast doubt on their objectivity. It also makes clear that social media should not be used to communicate publicly about judicial work or matters related to the judiciary, unless discussed and agreed beforehand with a leadership judge or the Judicial Office.

 

Gender Neutrality

To reflect modern practice, the updated guidelines have removed gender-specific pronouns.

 

Terminology

When the guidance is applicable to everyone, including magistrates, non-legal members, and others, the term "judicial office holder" is used. However, when the guidance is exclusive to judges, the term "judge" remains in use.

 

Expanding the Scope of Integrity

The new guide places significant emphasis on the broad spectrum of judicial integrity. While honesty and propriety have always been cornerstones of the profession, the updated guidelines draw attention to the importance of judges being aware of explicit and implicit biases. This includes potential prejudices about race, gender, religion, and other forms of diversity.

 

Digital Age and Social Media

Given the omnipresence of technology and digital platforms, the guide touches upon the appropriate usage of social media by judges. While it acknowledges the personal rights of judges to engage online, it underscores the importance of maintaining the dignity and impartiality of the judicial office. Even in the digital world, a judge must remain above reproach.

 

Transparency and Accountability

While judges are tasked with holding others accountable, the new guide accentuates the importance of judges being accountable themselves. It emphasises transparency in decision-making, clear reasoning for judgments, and timely delivery of verdicts.

 

Wellbeing and Mental Health

A notable inclusion in the 2023 edition focuses on the well-being of judges. Given the taxing nature of the job, the guide recommends avenues for seeking support. It encourages judges to be mindful of their mental health, ensuring they are in the best position to serve justice.

 

Training and Continued Learning

Judicial roles aren't static. Judges must remain learners throughout their careers with new laws, societal shifts, and emerging technologies. The guide emphasises the importance of continued professional development and staying updated with the evolving legal landscape.

 

Miscellaneous Changes

• There has been a removal of references to the European Parliament and local justice areas.
• The Guide clarifies how the Declaration and Undertaking signed by magistrates upon appointment applies to former magistrates on the Supplemental List.
• Further clarify has been provided on who needs to be notified if a judicial office holder plans to appear before a court or tribunal as a witness.

 

Conclusion

The revised version of the Guide to Judicial Conduct isn't just a standard update; it reflects an evolving society and sets out the judiciary’s clear expectations for its office holders to uphold the highest standards of conduct. By recognising new challenges, addressing biases, and embracing technology, the judiciary has shown its dedication to ensuring justice is not just done but is seen to be done in the modern age.  

Further information

If you have any questions regarding this blog, please contact Julie Norris, Alfie Cranmer or Antonia Szapary in our Regulatory team.

 

About the authors

Julie is a partner in the Regulatory team. She predominantly acts in legal services sector, advising law firms, solicitors, and barristers on regulatory compliance, investigations, adjudication, enforcement, and prosecutions.

Alfie is an associate in the firm’s Regulatory team. He specialises in advising a range of regulators and regulated professionals in relation to procedures, governance, compliance, investigations and disciplinary proceedings in the legal, finance, construction, education and healthcare sectors.

Antonia joined Kingsley Napley in September 2023 as a Trainee Solicitor and is completing her first seat with the Regulatory team.