Let’s <strong>get</strong> <strong>it</strong> <strong>right</strong>CHAPTER5Employment<strong>and</strong> training‘For my part, I am disappointed thatmore has not been achieved towardsincreasing the number of ethnicminor<strong>it</strong>ies employed in the criminal<strong>justice</strong> system. There continues to beregrettably low proportions of blackstaff in key areas, such as the police,<strong>and</strong> Prison Service, <strong>and</strong> they arealmost totally absent from senior orspecialist posts throughout thesystem.’Sylvia Denman, CJCC member from1992-96, wr<strong>it</strong>ing in the CJCCnewsletter in February 1997EmploymentEthnic mon<strong>it</strong>oring of staff has been in place in somecriminal <strong>justice</strong> agencies, such as the Prison Service, sincethe 1980s. It was introduced later in others, such theMagistrates’ Courts Service <strong>and</strong> among the judiciary, <strong>and</strong>is now generally in place across all the relevant agencies<strong>and</strong> professions. This means <strong>it</strong> is possible to look back tosee what progress has been made towards creating acriminal <strong>justice</strong> system whose compos<strong>it</strong>ion reflects widersociety.The courts <strong>and</strong> legal professionsIn 1986, there were (<strong>it</strong> was thought) two circu<strong>it</strong> judgesfrom minor<strong>it</strong>y groups; in 1998, there were believed to befive, out of 561. There are still no minor<strong>it</strong>y judges at anyhigher judicial level. Although High Court Bench postsare now advertised, <strong>and</strong> both the previous <strong>and</strong> presentLord Chancellors have actively encouraged more minor<strong>it</strong>yapplicants, very l<strong>it</strong>tle progress seems to have been madeover the past 12 years.In 1998, 26 (or 2%) of the 1,269 recorders <strong>and</strong> assistantrecorders were from minor<strong>it</strong>y groups; in 1992, there hadbeen six out of 722, or 0.2%. Two of the 91 stipendiarymagistrates, four of the 107 acting stipendiary magistrates<strong>and</strong> 17 (1.7%) of the 974 Queen’s Counsel were fromminor<strong>it</strong>y groups.In 1987, an optional survey (which had a low return rate)of lay magistrates in Engl<strong>and</strong> <strong>and</strong> Wales (except those inLancashire, Greater Manchester <strong>and</strong> Merseyside who areappointed separately) suggested that about 1% were fromminor<strong>it</strong>y groups. A similar survey in 1997 had a returnrate of 93.4%. Of those who responded, 4.4% said theywere of ethnic minor<strong>it</strong>y origin.At present, complete information about the ethnic originof magistrates is only recorded about new appointments.In 1996, 6.5% of newly appointed magistrates were fromminor<strong>it</strong>y groups; this rose to 6.8% in 1998.There were no minor<strong>it</strong>y <strong>justice</strong>s’ clerks in 1986. In 1998,for the very first time, there were four minor<strong>it</strong>y <strong>justice</strong>s’clerks, representing 3% of the total. There are still nominor<strong>it</strong>y <strong>justice</strong>s’ chief executives. 7% of magistrates’court staff <strong>and</strong> 4% of Crown <strong>and</strong> Combined Court staffwere from minor<strong>it</strong>y commun<strong>it</strong>ies.20
RACE AND JUSTICE <strong>2000</strong>CHAPTER 5 EMPLOYMENT AND TRAININGThe legal professions are attracting more minor<strong>it</strong>yentrants. In 1998, 8% of solic<strong>it</strong>ors on the Roll, 5% ofsolic<strong>it</strong>ors w<strong>it</strong>h practising certificates, <strong>and</strong> 9% of qualifiedbarristers were from minor<strong>it</strong>y groups. A quarter of thestudents enrolling on the Bar vocational course in 1997were from minor<strong>it</strong>y groups, as were 15% of new solic<strong>it</strong>orsadm<strong>it</strong>ted in 1997.But while 70% of wh<strong>it</strong>e legal trainees <strong>get</strong> satisfactoryemployment after training, only 14% of racial minor<strong>it</strong>ystudents do so. And at the other end of the profession,only 2% of QCs are from racial minor<strong>it</strong>ies – 22 out of1,006.The Bar Council <strong>and</strong> the Law Society both adopted <strong>race</strong>relations policies in the early 1990s. They include tar<strong>get</strong>sfor recru<strong>it</strong>ment by firms of solic<strong>it</strong>ors <strong>and</strong> chambers ofbarristers designed to ensure access to minor<strong>it</strong>y lawyers.However <strong>it</strong> is difficult to enforce <strong>and</strong> mon<strong>it</strong>orimplementation of policies in professions made up ofindependent <strong>and</strong> autonomous firms. The policies, goodas they are, to a great extent remain on paper when <strong>it</strong>comes to distribution of work, securing tenancies,securing jobs in commercial law firms <strong>and</strong> <strong>get</strong>ting therange of experience necessary for consideration forjudicial office.The extension of <strong>right</strong>s of audience to solic<strong>it</strong>ors in theCourts <strong>and</strong> Legal Services Act 1990 was a welcome steptowards encouraging a more diverse judiciary (althoughso far only 634 out of 70,000 solic<strong>it</strong>ors have qualified) as<strong>it</strong> opens up the possibil<strong>it</strong>y of judicial appointment to agreater pool of c<strong>and</strong>idates.It is essential that the Bar Council <strong>and</strong> Law Society takesteps to actively promote their equal<strong>it</strong>y policies – not onlyto encourage divers<strong>it</strong>y in their own professions but also inorder to ensure that minor<strong>it</strong>y lawyers have the <strong>right</strong>opportun<strong>it</strong>ies to advance to judicial office.In June 1998, the Lord Chancellor announced thatsolic<strong>it</strong>ors <strong>and</strong> lawyers employed by the CPS are to havethe same <strong>right</strong>s of audience as barristers in the highercourts, which may also gradually lead to a more diversejudiciary.The CPS is planning to mon<strong>it</strong>or the allocation of <strong>it</strong>s courtwork to barristers, to ensure that this is distributed fairly.A joint letter from the Director of Public Prosecutions <strong>and</strong>the chairs of the Bar Council <strong>and</strong> Criminal BarAssociation to all chambers, requesting information aboutthe ethnic origin of counsel so that the mon<strong>it</strong>oring couldbegin, has to date received a very poor response; only37% of chambers in the London <strong>and</strong> South Easterncircu<strong>it</strong>, for example, have sent a return.In <strong>it</strong>s evidence to the Home Affairs Comm<strong>it</strong>tee inquiry onjudicial appointments, NACRO suggested consideringother career paths to the judiciary, for example, byappointing legal academics or senior managers from otherrelated fields, who are given appropriate judicial training;<strong>and</strong> establishing a Judicial Appointments Commission toreview the selection, training <strong>and</strong> appointment of thejudiciary. Desp<strong>it</strong>e the progress made over recent years,there is still a need to make more progress, more rapidly,towards a diverse judiciary to reflect Br<strong>it</strong>ain in the year<strong>2000</strong>.In 1998, 10% of staff in the Lord Chancellor’sDepartment (LCD) were from racial minor<strong>it</strong>ies, as were15.8% of new entrants <strong>and</strong> 10.3% of leavers in1997/98.The LCD has a programme of action to achieve equal<strong>it</strong>yof opportun<strong>it</strong>y for minor<strong>it</strong>y staff which is reviewedannually. The department sponsors two students each yearunder the Windsor Fellowship <strong>and</strong> provides three mentorsfor the National Mentoring Consortium. The PermanentSecretary <strong>and</strong> Chief Executives of the Court Service <strong>and</strong>the Public Trust Office have signed up for theCommission for Racial Equal<strong>it</strong>y’s (CRE’s) LeadershipChallenge. LCD headquarters <strong>and</strong> the associated offices<strong>and</strong> Public Trust Office have achieved, <strong>and</strong> the CourtService is working towards, Investors in Peopleaccred<strong>it</strong>ation, where staff development is a key factor.This includes a review of induction procedures,competence-based appraisal <strong>and</strong> selection systems for allstaff below the senior civil service <strong>and</strong> work on linkingtraining <strong>and</strong> development to the business objectives <strong>and</strong>key competencies.In all of these developments, equal<strong>it</strong>y of opportun<strong>it</strong>y hasbeen a key objective. The department will be undertakinga review of equal opportun<strong>it</strong>ies which will include workon management development <strong>and</strong> mentoring. There willbe focus groups of minor<strong>it</strong>y staff to give them anopportun<strong>it</strong>y to report to management on their experiencesof working in the LCD <strong>and</strong> to make recommendations asto where policy <strong>and</strong> practice needs to be improved.21