Judges told: be on your best behaviour in front of criminals

Judges have been told to consider the feelings of criminal suspects when addressing them in court under new guidelines.

Advice from the Courts and Tribunals Judiciary urges members of the bench to treat all court users "respectfully" - including those in the dock - and think about how their "words and behaviour can affect others”.

The guidance also warns against "shouting or snapping" and insists judges must "be open to feedback if we have done something that may have caused discomfort or offence”.

It follows research commissioned by the Lord Chief Justice, Lord Burnett of Maldon, which found examples of "bullying, harassment or discrimination" in the courts.

In a message to judges, he said the guidance “provides a shared understanding of the behaviour we can expect from one another, and that others can expect of us”.

He added: “It is important that all read this and understand their vital role in fostering an inclusive working environment.”

Statement of expected behaviour

Members of the legal profession bemoaned that new guidelines are necessary.

Jeffrey Shaw, of Sheffield firm Nether Edge Law, said: "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 wrote on an online legal forum: "It is a sign of the times that someone thinks judges should be instructed to be polite and avoid discriminatory behaviour."

The new "statement of expected behaviour" updates an existing guide to judicial conduct and applies both inside and outside courtrooms and to “each other, staff and users”.

It states: “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.

“We all have a responsibility to help foster a positive working environment, where diversity is recognised and valued, and everyone is treated with dignity and respect.

“We are one judiciary; no-one should feel that they are perceived as ‘less than’ because of their differences, personal or professional background, judicial office or jurisdiction.”

Judges are told they should therefore “treat others fairly and respectfully”, “be mindful of the authority we have and be careful not to abuse it” and “remain patient and tolerant when encountering difficult situations”.

They are told to “act professionally and courteously, including under pressure, and avoid shouting or snapping”. They should also “aim to ensure that no one in a hearing room is exposed to any display of bias or prejudice”.

“Upholding the contents of this statement will help us to foster and experience an inclusive and safe working environment, feel valued and be more confident to challenge unacceptable behaviour,” it concludes.

Survey reveals bullying

The guidance follows a survey of nearly 22,000 judicial office holders in England and Wales, including more than 13,000 magistrates and more than 8,500 salaried and fee-paid judges.

Although 90 per cent said they had not experienced bullying and/or harassment in the past 12 months, eight per cent said they had. Two per cent preferred not to say.

Of those who had experienced bullying, 50 per cent cited overbearing leadership, undermining of work and consistent unproductive criticism.

This was followed by misuse of position at 38 per cent and ridiculing and demeaning language at 35 per cent, while 27 per cent reported that they had been excluded from conversations, meetings or other events.