State Prosecutors Could Become Judges under New Proposal

State prosecutors could potentially be allowed to become judges under moves to end a ban on Crown Prosecution Service employees entering the judiciary.

Sir Ken Macdonald, Director of Prosecutions and Baroness Scotland, QC, the Attorney-General are both challenging the current system. Should proposed plans go ahead, it will mean that the judiciary will become far more diverse, namely because it will facilitate women and ethnic minority lawyers to enter the pool of candidates.

At present, Crown prosecutors are barred from becoming part time judges who sit on criminal trials (recorders) - the first step in becoming a full time judge. However, in Australia, Canada and the U.S.A it is possible for prosecutors to become judges.

The main reasons for the current block, is because of concern that salaried prosecutors are too ‘prosecutorial minded’, thus rendering them unsuitable judges. But growing pressure to make the judiciary more diverse, all-encompassing and approachable is powering the case for prosecutors to be able to apply to the Bench. Women and ethnic minorities are strongly represented in the Crown Prosecution Service with 45% of senior prosecutors being female and 15% of ethnic background.