Introduction
Being a judge, whether in a court or tribunal, requires a multitude of skills. In addition to knowledge of substantive law and procedure (sometimes over a variety of subject areas), a judge must have a range of other skills to deal adeptly with people from all walks of society, often with their own challenges or human frailties. This bench book assists judges to obey the terms of the judicial oath in delivering justice. The bench book provides a reference point, allowing judges to understand an ever-changing society. It is hoped the bench book will encourage reflection for all who read it. We all hold prejudices or assumptions as to ‘types’ of people, or certain issues. To treat people fairly, it is necessary to acknowledge our own prejudices and any conscious or subconscious bias that may have been formed over the issues in question.
How a person is treated in a court or tribunal room may well affect their perception of not just the individual outcome of their case, but of the wider justice system. Treating everyone with courtesy and respect is not only required, but also much more likely to result in a calmer and more authoritative atmosphere, and a better understanding of both the decision and the reasons for the decision.
It is right not only to treat people fairly, but on occasion to ensure fairness by treating some people differently for reasons of equality, diversity or otherwise.
Judges should be aware that often those appearing before them will have more than one issue to consider. For example, persons with a learning disability will have communication needs to consider, and may also be vulnerable due to their status as a complainer of domestic violence. Someone from a minority ethnic background who does not speak English as their first language may also have a disability to factor in. The important point is to respectfully enquire and take time to consciously understand the needs of the person, beyond any stereotypes.
It is likely that throughout the day, in a busy court, a number of persons are likely to have additional needs. It is ultimately the judge’s role to ensure the proceedings are fair and that there is effective participation as required.
Organising issues into chapters is not straightforward, and there is inevitably overlap. We have tried to flag these where possible. We have tried not to deal with the substantive law unless it was impossible to explain an issue without doing so.
Where we refer to case law, such as Employment Tribunal decisions, such cases are not necessarily binding on another court or tribunal but are cited to give an illustration of the issue in practice.
The bench book does not have an index, but it is broken down into chapters and each chapter has hyperlinked headings. In addition, there are hyperlinks to cases and statute.
Given this is a dynamic area, it is likely that some of the information in the bench book will quickly be out of date, although not the requirement to treat everyone with courtesy and dignity. We have endeavoured to state the law correctly as at 31 May 2024 but due to a delay in publishing, we have tried to reflect any obvious changes to the law up to 15 September 2024.
External readers of this publication should note that some references are included which are not publicly available. These include references to documents hosted on the (private) Judicial Hub which relate to judicial training and as such are not releasable, as well as to sources hosted behind a paywall, eg Westlaw. Where possible we have tried to give citations to sources that are freely available to all online.