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Judges set to undergo bespoke training following reports of “inappropriate behaviour”

The Judiciary of England and Wales is set to implement a training programme for judges aimed at tackling inappropriate behaviour in the courts.

Answering questions from MPs on the Justice Committee on Tuesday (9 November), the Lord Chief Justice, Lord Burnett, said the plans were made after several surveys, and an independent investigation suggested that barristers, solicitors, and judges had experienced inappropriate behaviour at work.

Lord Burnett said: “In a welfare survey last year we asked some questions about whether people felt they had been the subject of inappropriate comments or behaviour. The answers suggested that some people did.”

He added that the judiciary then commissioned some independent work which involved talking to barristers, solicitors and judges to find examples of behaviour that might be considered inappropriate. “They found some examples”, he said.

The judiciary asked further questions in its ‘judicial attitude’ survey, which Lord Burnett said “confirmed that there are judges who have experienced behaviour that in one respect or another is inappropriate”.

Revealing the plans, Lord Burnett said a short statement would be issued on the behaviour expected of judges.

He added that bespoke training would also be given to all leadership judges on “how to avoid particularly inadvertent inappropriate behaviour”.

He said: “We are starting with our leadership judges, including all the presiding judges and other High Court leadership judges, the resident judges in the Crown court, the designated civil judges and the designated family judges and their equivalents in the tribunals.

“They will be trained first and expected to disseminate good practice.”

He added that – “not until well into next year” – the judiciary will teach the essentials of good behaviour and avoiding inappropriate behaviour, particularly inadvertent inappropriate behaviour, during induction and continuation training for all judges.

Commenting on the presence of inappropriate behaviour in the courts, Lord Burnett said: “Unlike many organisations, we set out to find about this ourselves. We asked questions that we did not know the answer to, something as an advocate we were always taught not to do.

“However, it was important to learn whether we had problems of the sort that other organisations have. I hope they are fewer than in many other organisations, but it would be folly to pretend that we do not have some problems and we are taking immediate steps to do what we can to mitigate those problems.”

Adam Carey