Law Society publishes recommendations to improve diversity in Scotland’s judiciary

Law Society publishes recommendations to improve diversity in Scotland’s judiciary

Outreach work in schools, mentoring and reviewing the current skill set for sheriffs and judges could help create a more diverse judiciary in Scotland according to the Law Society of Scotland.

The Law Society has published a series of recommendations in a paper responding to the Judicial Appointments Board Diversity Steering Group(DSG) report on its conference “Merit and diversity – Compatible aspirations in judicial appointments?”.

The Law Society, a member of the DSG, believes that while good progress has been made in increasing diversity within the judiciary, more can be done to bring about further improvement.

Rob Marrs, head of education at the Law Society, said: “There have been great strides made since the inception of the Judicial Appointments Board for Scotland in improving transparency in the appointments process and other more recent changes resulting from the conference held last year on merit and diversity within the judiciary, including a review of its application process to make it more accessible and increased engagement and outreach work with interested parties.

“However it’s undeniable that there is currently a lack of diversity in our judiciary and, with men making up more than 70 per cent of judicial posts, it is not representative of the legal profession or of the population at large.

“Our key recommendations include reviewing the existing criteria for judicial appointments and examining if there are unnecessary barriers which prevent potential candidates from applying. It’s important that as well as considering those recommended for appointment, we look at what can be done to broaden the pool of potential candidates.”

Mr Marrs even suggested a distinct judicial career path could be developed as is the case in Europe, “with specific training for advocates and solicitors who are interested in a career on the bench”.

The Law Society has also recommended a review of the current criteria and eligibility for those who can apply for a judicial appointment.

Mr Marrs said: “It’s important that we consider the attributes needed by those on the bench.

“For example, at the moment a key part of the criteria to become a sheriff is experience in court work and case presentation skills. This means that more court practitioners will apply as they can more easily provide evidence to meet the required competencies for the role.

“However, while this type of experience may be highly desirable, it is important to consider the full range of skills required to prevent any artificial barrier to potential appointment.

He suggested the relevant competencies for judicial appointment as “the ability to make good reasoned decisions within a reasonable time frame, knowledge of the law, knowledge of the rule of law and court procedure.”

“These sit alongside the ability to deal with and understand those appearing before them and to be able to communicate complicated concepts in straightforward language,” he added.

The Law Society has also recommended having specialist judges who have an in depth knowledge of certain areas of law and a review of the current barriers in place which prevent tribunal judges, who are experienced in dealing with highly complex cases, from moving to judicial posts in Scotland’s courts.

The Law Society’s response paper on “Merit and Diversity – Compatible aspirations in judicial appointment?” is available to read on the website.

Share icon
Share this article: