New legislation opens up senior judiciary positions to CILEX members
updated on 03 July 2023
Reading time: two minutes
New legislation has passed allowing Chartered Institute of Legal Executives (CILEX) members to apply for a range of senior judicial positions for the first time.
The secondary legislation altering the Judicial Appointments Order 2008, laid before parliament last month, came into force last week, after passing through the House of Lords unopposed.
Lord Bellamy, the justice minister, described the legislation as an “important change” and “another step towards it being a lawyer's merit, rather than their particular method of obtaining their legal qualification, that determines suitability for judicial appointment” when speaking in the House of Lords debate on the legislation.
Appropriately qualified CILEX lawyers can now apply to become recorders and upper tribunal judges, where previously they were unable to apply for posts above district judge. The new legislation means that CILEX lawyers can now preside in the crown court and on appeals in notable tribunal matters.
This move is also hoped to have an impact on improving diversity in the judiciary, with 77% of CILEX fellows currently women. To this end, Lord Bellamy says, “CILEX offers an important route to increasing judicial diversity.” and that it “provides a non-graduate route to becoming a lawyer; it can and does attract candidates from diverse socioeconomic backgrounds, with considerable benefits for social mobility”.
Corrections to the Powers of Attorney Bill will also be made, amending an inconsistency that currently prevents CILEX Lawyers from certifying copies of Powers of Attorney. The amendment passed at its second reading in the House of Lords in June.
CILEX chair, Professor Chris Bones, said: “This is a ground-breaking legislative change that’ll help tackle a lack of diversity in our judicial system that currently sees women and ethnic minorities underrepresented at a senior level. It also demonstrates another important step forward for CILEX in achieving equality of opportunity for our members.”
