Former police chief slams 'ridiculous' advice to judges
‘Judges are not there to be people’s best friends’: Former police chief slams ‘ridiculous’ new guidelines telling judges to think about how their ‘words and behaviour’ could affect criminal suspects in court
- Courts and Tribunals Judiciary have stressed judges to ‘be mindful’ of behaviour
- Advice urged that ‘shouting and snapping’ should be avoided to prevent offence
A former police chief has slammed new guidance which urges judges to think about how their ‘words and behaviour can affect others’ when addressing criminal suspects in court.
New advice from the Courts and Tribunals Judiciary stressed that members of the bench should address all court users ‘respectfully’, warning that ‘shouting and snapping’ should be avoided.
Former Chief Inspector of Essex Police, Paul Maleary, said that while it is important to be considerate of others, it would be ‘ridiculous’ for judges to be ‘people’s best friends’.
He said: ‘In all the years I’ve been an attendee at Crown Courts, judges will measure the audience. They will respond to the behaviour of the criminals and victims.
Former Chief Inspector of Essex Police, Paul Maleary, said: ‘The guidance softens the criminal system more than it already is’
‘The guidance softens the criminal system more than it already is. There needs to be a deterrent.
‘It is ridiculous. Judges are not there to be people’s best friends.
‘There is no place to be happy when you are trialling a serial rapist.’
The ‘statement of expected behaviour’ comes after research commissioned by Lord Chief Justice, Lord Burnett of Maldon found instances of discrimination and bullying in courtrooms.
The update follows an existing judicial conduct guide, with advice directed to ‘each other, staff and users’ both inside and outside the courtroom.
‘Treating people fairly, with courtesy and respect is reflected in our oath to do right to all manner of people … without fear or favour, affection, or ill will,’ it states.
It also urges that everyone has a responsibility to ‘help foster a positive working environment, where diversity is recognised and valued, and everyone is treated with dignity and respect’.
Judges are required to ‘be mindful of the authority’ they have’ and to ‘be careful not to abuse it’.
Being ‘open to feedback’ if they have ‘done something that may have caused discomfort or offence’, is encouraged as well.
Research commissioned by Lord Chief Justice, Lord Burnett of Maldon found discrimination and bullying within courtrooms
Other guidelines include acting ‘professionally and courteously, including under pressure’ and aiming to ‘ensure that no one in a hearing room is exposed to any display of bias or prejudice’.
Lord Burnett has also pushed for more ‘modern and simple terminology’ in the courts of England and Wales while still ‘maintaining the necessary degree of respect’.
In a statement released last week, he said: ‘New inclusion training focuses on how best to build on the positive elements of our culture and recognising the negative impact of exclusionary behaviour – and feeling confident to challenge – whether experienced directly or indirectly.
‘We encourage you to have conversations with your leadership judges on how to contribute to the wide range of activities.
‘We are grateful to all judicial office holders for their commitment to a diverse and inclusive judiciary.’
Some have expressed concern that the feelings of criminal suspects are being prioritised above that of those impacted by crimes with one person tweeting: ‘What about the feelings of the victims?’
Jeffrey Shaw, of Sheffield firm Nether Edge Law, told The Telegraph: ‘As to ‘treat everyone fairly and respectfully’, it’s sad that this even has to be said-a comment on the deterioration of modern behaviour.’
John Howard Shelley also said on a legal forum: ‘It is a sign of the times that someone thinks judges should be instructed to be polite and avoid discriminatory behaviour.
‘I have to say, with a few notable exceptions my experience is that judges are tolerant and respectful although I did once attend a hearing where the judge went off on a 20 minute rant at an LiP.’
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