MoJ Report Indicates Improved but not Equal Judiciary

MoJ Report Indicates Improved but not Equal Judiciary

A new report has revealed that challenges to achieving appropriate representation across the Judiciary of England and Wales remains a prominent issue.

Significant strides forward and challenges in achieving equal representation were among the key takeaways from the Ministry of Justice’s statistics for 2024, indicating that while the judiciary has improved on paper, there is still work to be done.

Gender Representation Trends

There has been notable progress in gender diversity across legal professions. Women now represent 40% of barristers, 53% of solicitors, and 77% of Chartered Legal Executives. However, women's representation in the judiciary remains lower at 43%, with even fewer women in senior judicial roles. Encouragingly, in 2023-24, women made up 52% of judicial applicants and 53% of those recommended for positions.

Across all legal professions (barristers, solicitors and Chartered Legal Executives) the proportion of women at senior levels continues to decrease.

While 59% of solicitors are women, only 35% are partners. Similar trends are seen among barristers and Chartered Legal Executives, highlighting challenges in career progression and senior leadership representation.

Progress in Ethnic Diversity

The progress towards ethnic diversity in the judiciary has been steady but slow.

From 2014 to 2024, ethnic minority representation increased to 17% among barristers, 19% among solicitors, and 11% among Chartered Legal Executives. Despite these gains, ethnic minorities only make up 11% of the judiciary, highlighting significant disparities, particularly in senior roles.

Selection Process Challenges

The selection process for judges remains rigorous, with disparities persisting despite candidates' equal qualifications. For example, while solicitors represent 52% of applicants, they only account for 32% of recommendations, suggesting structural biases. Ethnic minority candidates, particularly black candidates, face significant barriers, with only 2% representation in recent judicial appointments.

However, initiatives like the Equal Merit Provision have allowed the Judicial Appointments Commission (JAC) to prioritise diverse candidates with equal qualifications. This has helped advance candidates from mixed ethnic backgrounds.

Also, women and ethnic minorities have higher representation in non-traditional legal roles, such as magistrates and non-legal tribunal members, with women at 57% and ethnic minorities between 13% and 18%.

Continuing to Move Forward

Despite progress in diversity within legal professions, challenges remain, particularly at senior levels and in judicial appointments. Addressing these disparities requires a collective effort from legal institutions, professional bodies, stakeholders and policymakers.

Key strategies include mentorship programs, transparent recruitment practices, and creating inclusive workplace cultures to advance diversity and ensure equal opportunities.

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