UNDERSTANDING JUDGING: ROLES, SKILLS & CHALLENGES 20-21 April 2013 PROGRAMME UCL JUDICIAL INSTITUTE 1 Understanding Judging: Roles, Skills and Challenges UCL Judicial Institute Faculty of Laws, Bentham House, London WC1H 0EG 20-21 April 2013 This is the first and only course available in the UK that offers practitioners the opportunity to gain a greater understanding of what it means to be a judge. Who is this course for? This course is intended for practitioners who currently do not hold a judicial post but who may be interested in taking on a fee-paid or salaried judicial appointment in the courts and tribunals in the future. The course is open to all solicitors, barristers, CILEx members, employed lawyers and academics. Please note that this is not a course that helps practitioners fill in an application form for a judicial appointment or a course that provides practice examinations. What will I gain from taking this course? This course examines the range of judicial roles that can be applied for, the generic skills and qualities needed to be a judge, the key differences between being in legal practice and being a judge, and the challenges practitioners face when moving from practice into a judicial post. It is designed to enable practitioners interested in applying for a judicial post to answer two key questions: • Is a judicial post right for me? • What is the most appropriate judicial post for me to apply for? The course will cover: • Judicial Skills and Competences • Writing & Delivering Decisions • Organisation of the Judiciary • Role & Reality of Judging • Judicial Ethics: Crossing the Divide from Practice • Applying for a Judicial Appointment Topics are taught using a variety of learning approaches: • Hands-on judicial decision-making sessions • Small group working • Panel discussion with experienced judges • Advance readings Personnel and Course Structure • The course is taught only by highly experienced judicial trainers • One and a half-day weekend course • Venue: UCL Judicial Institute, Faculty of Laws, University College London (UCL) Certificate in Judicial Studies Participants who successfully complete the course are awarded a Certificate in Judicial Studies from the UCL Judicial Institute. 2 UNDERSTANDING JUDGING: COURSE CONTENT, AIMS & LEARNING OUTCOMES The Organisation of the Judiciary Participants will acquire knowledge of jurisdictions and functions of the judiciary in different types of courts and tribunals. The Role & Reality of Judging Participants will gain an understanding of the roles and challenges in performing the judicial role in different courts and tribunals. This is designed to help participants answer the crucial question: What type of judicial role is right for me? Judicial Skills and Competences Participants will gain an understanding of what are regarded as generic judicial skills and qualities. Drawing on expert judicial research materials developed by the UCL Judicial Institute and guided by highly experience judicial trainers, participants will take part in hands-on judicial decision-making sessions that develop: • Knowledge of legal principles • Ability to acquire new knowledge and apply it to novel circumstances • Analytical ability • Authority and control of proceedings • Communication skills • Essential requisites of fair hearings • Attentiveness to needs of different kinds of court users • Questioning skills • Listening skills • Note taking • Structured approach to decision-making (fact-finding, assessing credibility, decision writing) Judicial Ethics Participants will gain an appreciation of judicial ethics and the need to act in a way that always contributes to public confidence in the integrity and impartiality of the judiciary. Participants will have the opportunity to explore scenarios presenting ethical challenges for judges, including: • Making the transition from practice to bench • Conflicts of interest • Propriety • Independence • Competence Applying for a Judicial Appointment The course will examine key points for those considering applying for a judicial post: • Am I qualified to apply? • Understanding what type of judicial post is best suited to you • Gaining relevant experience before applying • How to demonstrate competencies • What the process involves: formal application, examination process, role plays, interview 3 PROGRAMME SUMMARY __________________________________________________________________________________ DAY 1:SATURDAY 20 APRIL __________________________________________________________________________________ 09:00 – 9:30 Registration Cissy Chu Common Room (Endsleigh Street Entrance) 9:30– 9:45 Welcome and Plenary Denys Holland Lecture Theatre UCL Judicial Institute Directors: Professor Dame Hazel Genn Professor Cheryl Thomas 9:45 – 10:15 Understanding the Judiciary Professor Dame Hazel Genn Professor Cheryl Thomas 10:15 – 12:45 Small Group Session 1: Judicial Skills & Competences Seminar Rooms 5, 7, 8, 9 Stage 1: Pre-hearing Review Stage 2: Oral Hearing Stage 3: Panel Deliberations Course Instructors: Godfrey Cole, Yvette Genn, Mary Holmes, Stuart Vernon 12:45 – 13:45 Lunch 14:00 – 15:45 Small Group Session 2: Judicial Skills & Competences Seminar Room 5, 7, 8, 9 Stage 4: Decision-Writing Course Instructors: Godfrey Cole, Yvette Genn, Mary Holmes, Stuart Vernon 16:00 – 17:30 Panel Discussion with Judges on Role & Reality of Judging Denys Holland Lecture Theatre Mr Justice Gary Hickinbottom, High Court Her Honour Judge Usha Karu, Inner London Crown Court Ms Yvette Genn, Recorder, Midlands Circuit Panel Chair: Stuart Vernon 17:30 - 18:30 4 Drinks reception Cissy Chu Common Room __________________________________________________________________________________ DAY 2:SUNDAY 21 APRIL __________________________________________________________________________________ 9:00 – 9:15 Coffee Cissy Chu Common Room 9:15 – 11:45 Small Group Session 3: Delivering a Decision Seminar Room 5, 7, 8, 9 Course Instructors: Godfrey Cole, Yvette Genn, Mary Holmes, Stuart Vernon 12:00 – 12:30 Ethical Dilemmas (interactive, full group session) Denys Holland Lecture Theatre Session leader: Professor Cheryl Thomas 12:30 – 12:45 Q & A on Applying for a Judicial Appointment (interactive, full group session) Denys Holland Lecture Theatre Session leader: Professor Dame Hazel Genn 12:45 – 13:00 Presentation of Certificates 13:00 Lunch 5 COURSE CONVENORS Professor Dame Hazel Genn is Dean of UCL Faculty of Laws and Co-director of the UCL Judicial Institute. She worked with the Judicial Studies Board (now the Judicial College) for 12 years, serving as a member of the Main Board and the Tribunals Committee, and contributing to the design and delivery of training for the judiciary at all levels. She has undertaken a number of judicial training needs analyses in England and Scotland and was closely involved in developing the JSB’s framework of judicial qualities and abilities. She served as a lay Commissioner on the Judicial Appointments Commission from 2006 to 2012, was a member of the Advisory Panel on Judicial Diversity 2009-10 and a member of the Committee on Standards in Public Life 2003-7. Professor Cheryl Thomas is Professor of Judicial Studies, Director of the UCL Jury Project and Co-Director of the UCL Judicial Institute. A specialist in judicial studies, she has conducted ground-breaking research on juries, judicial decision-making, the role of diversity in the justice system, and the appointment and training of judges. Professor Thomas serves on the EU Steering Committee for the Project on European Judicial Training. She has served as a specialist consultant on judicial affairs to the Lord Chancellor’s Advisory Panel on Judicial Diversity, Judicial Studies Board (now the Judicial College), former Commission for Judicial Appointments, Law Commission, Lord Chancellor, Her Majesty’s Crown Prosecution Service Inspectorate, the European Commission, Council of Europe, and French government. COURSE INSTRUCTORS Godfrey Cole was an academic from 1971-1992, mostly at the University of Westminster where he was Dean of the Law School and he lectured on subjects including Housing Law, Law of Landlord and Tenant, Family Law, and Social Security Law. In 1992 he took up a full-time judicial appointment as a District Tribunal Judge, and subsequently sat as a Deputy District Judge and in the Upper Tribunal. From 1999-2008 he was seconded to the Judicial Studies Board as Director of Training for Tribunals where he developed standards that now apply across UK tribunals, as well as training courses for court and tribunal judges with management responsibilities. He was the editor of the Tribunals journal until the end of 2009, and he has published frequently as an academic and as a judge. Yvette Genn is a barrister at Cloisters, a specialist in employment law (with particular emphasis on discrimination and equal pay) and personal injury law. She was a member of the JSB’s Equal Treatment Advisory Committee from 19992008, designing and providing diversity training to judges, and continues to provide training in diversity and judicial standards for judges in courts and tribunals. She has also provided equalities training to a range of public bodies such as the Legal Services Commission, Council on Tribunals and Solicitors Disciplinary Tribunal. Yvette is a Deputy District Judge on the South Eastern circuit, and a Recorder in civil and private law family matters on the Midland circuit. She is also a former part-time judge in the Special Educational Needs and Disability Tribunal (SEND). Mary Holmes was the Senior Training Adviser to the Judicial Studies Board (JSB, now the Judicial College) and Head of Tribunal Training between 2002 and 2007. Mary joined the Judicial Studies Board having been an academic with an interest in administrative justice for a number of years. She was closely involved in the development of the Judicial Studies Board mentoring, training standards, appraisal and evaluation frameworks and training handbooks. As Senior Training Adviser to the Judicial Studies Board, Mary gave advice and guidance to the Civil, Family and Equal Treatment Committees in respect of the induction and continuation training for judges. She was formerly a tribunal member and currently sits as a magistrate. Stuart Vernon has taken a leading role in writing and producing judicial training materials and has been involved with tribunal skills training for a number of years. He was involved in the development of the JSB’s tribunal competence framework, and is currently developing bespoke training courses for tribunals and other institutions. Stuart was until recently the Chief Adjudicator at the Office of Fair Trading (OFT) and still works for the OFT part-time as an adjudicator. He taught at the University of East London, where he researched and published in the fields of social work law and youth justice. Stuart sat as a magistrate in west London for 15 years and was also a lay member of the Social Security Appeals Tribunal. 6 JUDICIAL PANEL Mr Justice Gary Hickinbottom, High Court Judge of the Queen’s Bench Division Gary Hickinbottom is a solicitor and became a part time judge in 1994. His time as a judge has been split between the court and tribunal systems. He was appointed Assistant Recorder in 1994 and Recorder in 1998. From 1994, he was also a part-time adjudicator for the London Traffic and Parking Service, and later the National Parking Adjudication Service. In 2000, he was appointed a Circuit Judge (and a Deputy High Court Judge in 2001) assigned to the Wales & Chester Circuit, becoming the resident civil judge in Swansea whilst also sitting in the Crown Court in South Wales. In 2003, he became a Senior Circuit Judge and was appointed the Chief Social Security & Child Support Commissioner of Great Britain, adding the post of Chief Pensions Appeal Commissioner in 2005. Whilst retaining those posts, from 2005-7, he was Designated Civil Judge for Wales, where he was also the lead Administrative Court and TCC judge, and a judge of the Mercantile Court. He was appointed a judge of the Supreme Court of the Falkland Islands in 2006. In 2007, he became Deputy Senior President of Tribunals, and in 2008 was appointed the first President of the Administrative Appeals Chamber of the Upper Tribunal. He was appointed a High Court Judge in 2009 and is currently the QBD Liaison Judge for the Midland, Wales and Western Circuits. He is also, with Mrs Justice Nicola Davies, the Senior Liaison Judge for Diversity. Her Honour Judge Usha Karu, Inner London Crown Court Her Honour Judge Karu was appointed a Circuit Judge in 2005. She is a Bencher of Middle Temple. She is the Co-ordinating Judge for Mentoring Recorders for the London area, which is designed to support newly appointed Recorders by providing them with a judicial mentor. She is one of two Diversity and Community Relations Judges for Inner London Crown Court, which involves establishing links with the local community and encouraging students and lawyers, especially from under represented groups, to consider a career in the judiciary. Her Honour Judge Karu was called to the Bar in 1984 and was a criminal practitioner. She was appointed Assistant Recorder in 1998 and Recorder in 2000. Whilst continuing to practise at the criminal Bar, she was one of the first 3 Parking Adjudicators appointed in 1992 for the Parking Appeals Service (as it was then known, now PATAS) when councils were first given power to enforce parking. She is also a Judicial Member of First-Tier Tribunal Health, Education and Social Care Chamber (Mental Health, Restricted Patients Panel). Ms Yvette Genn, Recorder, Midlands Circuit, member of Cloisters Chambers Yvette Genn was called to the Bar in 1991. Her judicial pathway commenced in 2004 when she was appointed as a part time Tribunal Judge in the First Tier Tribunal (HESC) (Special Educational Needs and Disability). She started sitting in 2005 and continued until 2011, covering hearings on all aspects of the tribunal’s jurisdiction in various locations across England. In 2008 she became a Deputy District Judge (DDJ) appointed to South Eastern Circuit. In 2009 she became a Recorder on the Midand Circuit ticketed to hear civil and private law family matters. Since 2010 she has been ticketed as a DDJ to hear substantive childrens matters. Yvette maintains a busy court-based employment and personal injury practice, in addition to her varied training commitments to both professionals in her areas of specialism and the judiciary. Since 2011 she has become a regular contributor to the training of European Judges in equality rights at the Academy of European Law in Trier, Germany. 7 Increasing Diversity Bursaries The UCL Judicial Institute has also established an Increasing Diversity Bursary Scheme in which a minimum of 25% of course participants who (1) would have difficulty paying the course fee and (2) meet the bursary’s diversity criteria will have their full course fees covered. This Bursary Scheme reflects the UCL Judicial Institute’s commitment to implementing a key recommendation (no.16) of the Lord Chancellor’s Advisory Panel on Judicial Diversity (Neuberger Panel). Recommendation 16 addressed what the Neuberger Panel saw as the need for lawyers to get the right experience for judicial office before they apply. It specifically recommended that courses should be developed to help aspiring judicial candidates from groups currently under-represented within the judiciary to develop the skills they need for judicial appointment before they apply for a judicial post. The Ministry of Justice, Law Society, and CILEx have all very generously funded increasing Diversity Bursaries for the UCL Judicial Institute’s Understanding Judging course in recognition of the importance of implementing the Neuberger Panel’s recommendation. About the UCL Judicial Institute The UCL Judicial Institute is the first and only centre of excellence for research and teaching about the judiciary in the UK. The Institute’s purpose is to provide evidence-based understanding and intellectual leadership about the judiciary as a critical social institution and the about the process of judicial decision-making. The Institute carries out cuttingedge research on the judiciary and provides outstanding educational opportunities for students, practitioners, judges and those performing quasi-judicial roles. The Judicial Institute is led by co-directors Professor Dame Hazel Genn and Professor Cheryl Thomas and guided by an Advisory Board of distinguished jurists and scholars from both the United Kingdom and abroad. For further information on the Institute go to: www.ucl.ac.uk/laws/judicial-institute 8 TRAVELLING TO UCL London is well served by transport links. Getting around the city is easy, as is travelling to and from London from the UK, Europe and the wider world, and for getting around the city. UCL is located in the Bloomsbury district at the very centre of London. Travelling to UCL There are easy connections to UCL from London’s global hub airports at Heathrow, Gatwick and Stansted and you will find that London’s extensive public transport system is convenient and easy to use. To plan your journey to UCL, including walking and cycle routes, visit the Transport for London (TfL) website. National Rail Enquiries can be contacted on 08457 484950 or at www.nationalrail.co.uk. London Underground (Tube) The closest tube stations to UCL’s Gower Street site are Euston Square (Hammersmith and City, Metropolitan and Circle lines), Warren Street (Northern and Victoria lines), Euston (Northern, Victoria and Overground lines) and Russell Square (Piccadilly line). Buses UCL’s Bloomsbury site is served by many TfL bus routes. Buses travelling from north to south stop in Gower Street, immediately outside UCL’s main gate, while those travelling from south to north stop outside Warren Street station, about five minutes’ walk from UCL. Services to these stops include route numbers: 10, 14, 24, 29, 73, 134, 390. Travelling around the UK National Rail London has many mainline rail stations. Most of these are a short journey away from UCL, with the stations at Euston, King’s Cross and St Pancras being within easy walking distance. Trains from London serve destinations across the UK. The best value tickets are obtained by being flexible and booking well in advance. Coaches Coaches from London operate to most parts of the UK, many offering direct and very economical services. Details can be obtained from the TfL website. 9 10 TION STA ON tube UST d and E un rgro Ove TO O N R WO BUR E LAC N P is Ta v Sq. don to c k Gor are ET UCL UCL Faculty of Laws ER t. h S t. on S Squ St. s le ig it Ta v ty S S t. rsi central campus NH St. ive y RE TTE ple Un Wa EN T R S TO Ma on RD don aft WE Gr GO Warren St. DS A H G Gor EN IG LE a Intern AD End Euston Sq. cras Pan tions s Sta Cros UPP S EU t. To S ing’s l/K tiona Bed AM fo r d LE Wa y MA Russell Sq. 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