CIRCUIT JUDGES
Memorandum on conditions of appointment
and terms of service
This Memorandum has been prepared for the information of persons who are offered appointment as Circuit Judges
Part I outlines the conditions which must be satisfied before appointment;
Part II sets out the general terms and conditions of service of a Circuit Judge; and
Part III sets out the current arrangements for travelling, subsistence and other allowances.
The Memorandum states the position as at December 2009.
Ministry of Justice
CONTENTS
Appointment / 2
Pre-appointment checks / 3
Official correspondence / 4
Announcement of appointment / 5
Residence / 6
Waiver of right to receive Statutory Instruments etc / 7
Income Tax / 8
Value Added Tax / 9
Professional Indemnity Insurance / 10
Part II : General Terms and Conditions of Service
Role of the Lord Chief Justice / 12
Prohibition on practice / 14
Costs of taking up appointment / 15
Tenure and removal from office / 16
Sitting in retirement / 18
Salary / 19
Income Tax (PAYE) / 20
Allowances which may be set against income for tax purposes / 21
National Insurance / 22
Pension terms / 24
Salary Sacrifice / 32
Part-time Appointments / 33
Sitting days, other judicial business and holidays / 34
Reasonable adjustments / 38
Sickness / 39
Maternity, Paternity & Adoption Leave / 40
Special Paid Leave / 41
Accumulated leave / 43
Career Breaks / 44
HMCS Organisation / 47
Senior Judicial Officers / 48
Training, Judicial Studies Conferences etc / 50
Judicial Conduct / 52
Relations with the press, radio and television / 53
Conviction for criminal offences and other matters relating to conduct / 54
Personal Conduct / 55
Involvement in legal proceedings / 57
Proceedings arising out of non-judicial activity / 58
Proceedings arising out of judicial activity / 59
Representation / 60
Witness Summons / 61
Outside activities and interests
General Principles / 62
Financial interests / 64
Non-commercial directorships / 65
Charitable activities / 66
Political or other activities / 67
Termination of professional and business contracts / 68
Membership of local Law Societies / 70
Lecturing, participation in conferences etc / 71
Writing books and articles / 73
Misuse of office, etc / 75
Parliamentary Committees / 76
Complaints / 77
Judicial Grievances / 79
Requests for research facilities / 80
Security / 83
Further Information / 86
Part III : Allowances and other Provisions
Court Dress / 87
Legal books and publications / 89
Official stationery / 91
Official telephone calls from private residences / 93
Eye Tests / 95
Travelling and Subsistence Allowances / 96
Rates of allowance / 98
Travel by private car / 99
The standard rates of mileage allowance / 103
Liability to tax / 104
Insurance of motor vehicles used on Crown business / 106
Reimbursement of parking fees and certain other charges / 110
Travel by public transport / 112
Air travel / 114
Night subsistence allowances / 115
Hotel Booking Agency / 118
Overnight stays other than in hotels / 122
Accommodation in Judges’ Lodgings / 124
Day subsistence allowance / 128
Application of the rules on travelling and subsistence allowances to newly-appointed Judges / 131
Special arrangements for attendance during a transport emergency / 132
Miscellaneous travelling and other expenses / 134
Cathedral and church services / 135
Abbey Service and Lord Chancellor’s Breakfast / 136
Royal Garden Parties / 137
Meetings of the Council of Circuit Judges and its special committees / 138
Other Committees of Inquiry, Commissions etc / 139
Visits to Prisons, Youth Custody and Detention Centres etc / 140
Liaison Judges / 141
Invitations to address Magistrates’ Associations / 142
Entertainment / 143
Expenses claims / 144
Transfer to another location / 146
Further information / 149
ANNEXES
ANNEX A Notes issued for the guidance of members of the judiciary on participation in research projects
ANNEX B List of members of the Motor Conference
ANNEX C Insurance undertaking
PART I
CONDITIONS OF APPOINTMENT
1. A person who has been offered appointment as a Circuit Judge must satisfy the following conditions before the appointment can be made.
Appointment
2. Circuit Judges are appointed by the Crown on the recommendation of the Lord Chancellor. The statutory qualifications for appointment are:
Under s16(3) of the Courts Act 1971, as amended by Schedule 10 of the Courts and
Legal Services Act 1990, ss50-52 and Schedule 10 of the Tribunals Courts and
Enforcement Act (TCE) 2007, no person shall be qualified to be appointed a Circuit
Judge unless he or she:
(a) satisfies the judicial-appointment eligibility condition on a 7-year basis;
(b) is a Recorder; or
(c) has held as a full-time appointment for at least 3 years in one of the offices listed in Part IA of Schedule 2, Courts Act 1971.
The Tribunals Courts and Enforcement Act 2007 has introduced the ‘judicial appointment eligibility condition’. Where this applies, eligibility for judicial office is no longer based on possession of rights of audience for a specified period. You have to show that:
· you have possessed a relevant legal qualification;
· for the requisite period; and
· that whilst holding that qualification you have been gaining legal experience.
Pre- Appointment checks
3. The offer of appointment is conditional on the outcome of health, financial and other checks, which are undertaken by the Judicial Appointments Commission. An individual may be required to undergo a medical examination.
Official correspondence
4. It would be helpful if the candidate could confirm that his/her names are as given in his/her application, provide a note of any decorations which he/she may have, and give the address which he/she would like to have recorded for official use (this will normally be used for official correspondence, circulars to members of the judiciary, and material of that sort).
Announcement of appointment
5. An offer of appointment to the Circuit Bench is strictly confidential subject to disclosure in confidence to the person’s family, doctor, partners, Head of Chambers or clerk and accountant, and no announcement of it will normally be made to the media until the date on which the new judge is sworn in by the Lord Chief Justice. If, for exceptional reasons, a person wishes an 'early' announcement to be made, this can be arranged. Under no circumstances can an announcement be made, however, until The Queen has signed the Warrant of Appointment. If and when an appointment has been publicly announced, it is an established convention that the person should not appear as an advocate in court after that date.
Residence
6. An offer of appointment is conditional on the Lord Chancellor being satisfied that a person will reside, when he/she has taken up his/her appointment, in a place which is reasonably convenient of access to the courts at which he/she will sit. Where a judge has been appointed to the office of Circuit Judge after 1 April 2006, no request for a transfer to another location will normally be entertained until the judge has served 5 years in the location to which he/she was appointed.
Waiver of right to receive Statutory Instruments etc.
7. By virtue of a long-standing Resolution of the House of Commons, all Circuit Judges are entitled to receive a copy of each Act of Parliament and Commencement Order through the Promulgation List. However, in recent times this has led to judges receiving a considerable amount of material which they neither need nor want. Accordingly, a scheme has been drawn up, in consultation with the Council of Circuit Judges, under which judges are encouraged to waive their right to be supplied from the Promulgation List and instead to receive only those items which have been selected by judges nominated by the Council. This should ensure that judges receive only material which is relevant to their work. Once a candidate accepts the Lord Chancellor’s offer, therefore, he/she will be invited to complete and return a form showing whether he/she consents to waiving this right. Of course, it remains possible for judges to obtain the additional Acts or Statutory Instruments they require via the Departmental intranet or the internet.
It would also be helpful if the following matters could be dealt with before the arrangements for the appointment are completed.
Income tax
8. It is important that, before a member of the Bar or solicitor decides to accept an offer of appointment to the Circuit Bench, he/she should carefully discuss the tax implications in confidence with his/her accountant or other tax adviser, so that he/she may be entirely clear about the effect of the appointment on his/her tax position. The General Council of the Bar produce guidance on the subject in their publication “The Taxation and Retirement Benefits Handbook”. The Handbook explains the income tax consequences which apply when a barrister ceases to practise on assuming salaried judicial office, and is available via the Bar Council’s web site (www.barcouncil.org.uk). The relevant arrangements are extremely complex and it is important that each individual checks his/her own personal tax position in the light of the up to date legal provisions. There is no equivalent guidance for solicitors because the position in each individual case may vary greatly, but the same point applies.
Value Added Tax
9. HM Revenue & Customs have produced Notice 700/44 Barristers and Advocates (June 2007) which explains that Department's requirements and the options available to barristers to defer VAT on outstanding fees whilst de-registering for VAT purposes. The notice can be downloaded from www.customs.hmrc.gov.uk
Professional Indemnity Insurance
10. Professional indemnity insurance through the Bar Mutual Indemnity Fund operates on a "claims made" basis, i.e. the cover relates to the date on which the claim is made, and not to the date of the alleged act of negligence; and cover comes to an end when the barrister leaves the Bar. To protect himself/herself and his/her dependants, a judge is accordingly strongly urged on appointment to obtain cessation cover against any claims that may be made against him/her after his/her appointment in relation to his/her earlier professional practice at the Bar, by contacting the Bar Mutual Indemnity Fund.
11. The Law Society Professional Indemnity Section have advised the Department that for solicitors who retired from practice before 1st September 2000 with no successor practice (as defined in the minimum terms and conditions appended to the Solicitors Indemnity Insurance Rules) the Solicitors' Indemnity Fund continues to provide indemnity cover and a judicial office holder should not require further insurance in respect of claims which may arise in relation to his/her previous practice as a solicitor. For solicitors who retire on or after 1st September 2000, The Law Society advise that “solicitors who retire on or after 1st September 2000 will be provided with cover by the relevant qualifying insurer and may be liable to pay an excess. Where the solicitor retired without a successor practice the relevant qualifying insurer will be that on cover immediately prior to the retirement. Where there is a successor practice then the relevant qualifying insurer is the one on cover for the successor practice. In circumstances where practices cease with no successor practice qualifying insurers are required to provide run-off cover for a period of 6 years. Arrangements have been put in place for run-off cover for ceased practices after the expiry of the six year period which provides post six year run-off cover under the current indemnity insurance scheme for a period of ten years one month from 1 September 2007 to 30 September 2017. There will be no extra premium levied for this further cover.” Solicitors should ensure that they understand how they will stand if claims are made in respect of their practice after they have been appointed to judicial office.
PART II
GENERAL TERMS AND CONDITIONS OF SERVICE
Role of the Lord Chief Justice
12. The Lord Chief Justice, as President of the Courts of England and Wales and the Head of the Judiciary, has responsibility for a number of issues including the allocation of work within the courts, the deployment of judges, their well being and training and the provision of general advice and direction. The Heads of Division, the Senior Presiding Judge and, on each Circuit, Presiding Judges, Family Division Liaison Judges, Supervising Chancery Judges, and Resident and Designated Civil and Family Judges, are appointed to assist the Lord Chief Justice in discharging these duties. They are supported by HMCS staff, and in particular by the judicial secretariats in each Regional Office. On occasion the Lord Chief Justice (either personally or through the delegated authority given to the Judges appointed to the posts mentioned above) may issue instructions and guidance on such matters within his remit, as he considers appropriate.
13. Thus, Judges are expected:
a. to comply with any guidance or instructions issued by or on behalf of the Lord Chief Justice;
b. to co-operate with the administrative directions of the Judges appointed to posts mentioned in the above paragraph;
c. to undertake other judicial duties such as assisting other judges when lists run short, sitting at other courts, undertaking liaison duties with Justices of the Peace or serving on public bodies;
d. to assist the Senior Judiciary, and the Resident and Designated Civil and Family Judges to ensure, with the help of the HMCS staff, the efficient management of the courts.
Prohibition on practice
14. A Circuit Judge shall not practise as a barrister or solicitor or be indirectly concerned in any such practice (s.75, Courts and Legal Services Act 1990). All Circuit Judges should avoid involvement in any case where, prior to appointment, they were involved as advisers to or advocates for a party in the case. The involvement of the judiciary in outside activities, including the termination of professional and business contacts, is dealt with at paragraph 62 onwards
Costs of taking up appointment
15. No assistance is available from public funds towards any costs incurred (e.g. through a move of house) for a person's relocation on appointment as a Circuit Judge direct from practice. However, certain assistance may be available to a serving salaried judicial office holder promoted to the Circuit Bench. Details are available on request at the time of appointment.