Reasonable adjustments policy for judicial office holders: 2025
Published 5 February 2025
Applies to England and Wales
1. The aim of this document
This document is a high-level policy statement bringing together the responsibilities of the relevant bodies to implement and manage the reasonable adjustments process for judicial office holders and applicants for judicial office. This statement is supplemented by more detailed publications produced by the bodies responsible for a particular stage of the process. These are:
a. Judicial Workplace Adjustments Guidance for judicial office holders working in the HM Courts and Tribunal Services (HMCTS) buildings;
b. The Judicial Health and Welfare Policy;
c. The Judicial Appointments Commission (JAC)’s reasonable adjustments policy[footnote 1] for applicants to judicial office; and
d. Parts 1, 3 and 5 of the Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace[footnote 2], for applicants to become magistrates
This policy applies to all salaried and fee paid JOHs in England and Wales and members of reserved tribunals in Scotland and Northern Ireland whose terms and conditions are decided by the Lord Chancellor, and also to magistrates. It is not applicable to members of reserved tribunals in Scotland and Northern Ireland whose terms and conditions are not decided by the Lord Chancellor.
The policy uses the term ‘disabled’ in line with section 6 of the Equality Act 2010 which defines disability as;
a. A physical or mental impairment,
b. Which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities[footnote 3].
The Equality Act 2010 imposes a duty on the “relevant person” to make reasonable adjustments to remove any barriers that “put a disabled person at a substantial disadvantage when compared to those who are not disabled”. In relation to judicial office holders, the “relevant person” is dependent on the circumstance and may include the JAC, the relevant senior judge, Judicial Office, HMCTS, Advisory Committees or the MoJ. The responsibility for providing the appropriate funds for reasonable adjustments rests with the relevant body whose duty it is to make reasonable adjustments.
Responsibility for making reasonable adjustments for newly appointed and serving judicial office holders is shared between the Lady Chief Justice and the Lord Chancellor. The Lord Chancellor is responsible for reasonable adjustments requiring the alteration of buildings and the provision of auxiliary equipment, and this is carried out by HMCTS officials[footnote 4]. It is for the Lady Chief Justice or Senior President of Tribunals to decide the reasonableness of adjustments to working practices, consideration and review of such adjustments are carried out by the relevant judge[footnote 5]. If such changes to working practices would have an effect of altering the judicial office holder’s terms and conditions, or potential implications for pay and expenses policy, for which the Lord Chancellor is responsible, MoJ officials must be consulted.
To enable this policy to work effectively, disabled judicial office holders are encouraged to:
- consider the impact their disability will have on their ability to undertake the duties of the office and whether any reasonable adjustments may be necessary;
- be open about their requirements;
- seek to complete and maintain a Workplace Adjustment Passport to support judicial office holders and HMCTS and/or Leadership Judges/ Bench chairs to remove any workplace barriers by discussing and recording agreed support and adjustments; and
- declare if they have a disability on the Judicial HR system to encourage diversity in the judiciary and to create an open and inclusive environment for all.
This policy statement will be made available on the gov.uk website, the HMCTS intranet, the judicial intranet and will be referenced within judicial appointment application material. The policy is also brought to the attention of every judicial office holder, whether salaried, fee-paid or voluntary, upon their appointment.
2. What is meant by ‘Reasonable’?
The relevant body will make reasonable adjustments where a judicial office holder with a disability is substantially disadvantaged when carrying out their role.
The purpose of making a reasonable adjustment is to alleviate the substantial disadvantage for the disabled person. However, before an adjustment is implemented, the relevant body will consider whether it is reasonable. If a requested adjustment is not assessed as reasonable, then it will not be possible to implement it.
Deciding whether an adjustment is reasonable is a fact-specific exercise. Factors that the relevant body will consider include:
- How effective the adjustments would be in alleviating the substantial disadvantage. If the adjustment is unlikely to alleviate the disadvantage, then it will not be reasonable;
- Its practicality, although the relevant body should ensure that it has properly considered how the adjustment could be implemented before dismissing it as impractical;
- The cost of making the adjustment when compared with the financial resources available;
- The extent of any disruption caused to the relevant body’s activities, and
- Any health and safety issues, based on a proper assessment of the risks.
Because of the varied nature of the courts and tribunal estate and because some judicial office holders serve in multiple locations, an adjustment considered reasonable at one location may not be considered reasonable at other locations. Accordingly, an adjustment may not be available at all locations where a judicial office holder could be asked to sit. In such a case, the relevant body will consider implementing alternative adjustments, where reasonable.
Disabled judicial office holders and their relevant Leadership Judge/ Bench Chair will be able to find information on facilities available at courts/ tribunals on the court finder website[footnote 6]. As accessibility issues will be specific to each individual case, judicial office holders should direct queries regarding accessibility to the local court team and discuss this with the relevant Leadership Judge/Bench Chair.
2.1 What is meant by a ‘workplace adjustment’?
Workplace adjustments include adjustments to working practices, physical adjustments within court buildings or the provision of equipment for disabled judicial office holders.
Adjustments to the working environment to ensure disabled people are able to work, or move around the building safely, include changes to the chamber or courtroom to make it more accessible, or provision of auxiliary equipment such as dictation software. This is the responsibility of the Lord Chancellor, managed by HMCTS and other relevant officials.
Adjustments to a person’s role or working conditions, for example adjustments to the allocation of work, deployment, or sitting patterns are the responsibility of the Lady Chief Justice or Senior President of Tribunals or Senior Presiding Judge. Queries relating to working conditions should be directed to the relevant judicial leader and Judicial Office HR support who will be able to provide assistance on wellbeing and welfare support.
MoJ officials should be consulted where adjustments to working practices would make changes to the judicial office holder’s terms and conditions or have potential implications for pay and expenses policy.
3. Applying for Judicial Appointment
3.1 Specialist, lay and legally qualified appointments
The independent Judicial Appointments Commission (JAC) is responsible for selecting candidates for the majority of judicial appointments in courts and tribunals in England and Wales, and for some tribunals whose jurisdiction is UK-wide.
The JAC selects candidates for judicial offices listed in Schedule 14 to the Constitutional Reform Act 2005[footnote 7] including High Court Judges. The JAC has a reasonable adjustments policy that applies to the selection process, which can be found on the JAC website[footnote 8].
The JAC aims to provide adjustments, where possible, to enable disabled candidates and those with long-term health conditions to participate fully and fairly in all JAC recruitment campaigns and at all stages of the selection process. Candidates should direct all queries about adjustments required during the recruitment process to the JAC[footnote 9].
Candidates should note that adjustments delivered by the JAC are only for the recruitment stage. Some candidates are provided with an occupational medical as part of the appointment process, if this recommends reasonable adjustments Judicial Office will flag the requests to HMCTS officials. Where deployment needs to be decided following the recommendation for appointment by the JAC, the candidate should inform Judicial Office of any requirements for reasonable adjustments so that these can be taken into account before deployment takes place. For other appointments, the candidate should liaise directly with HMCTS and the relevant senior judge.
3.2 Applying to become a Magistrate
The Lord Chancellor’s Advisory Committees play an important role in the recruitment and selection of magistrates.
The Lord Chancellor’s Directions for the Advisory Committees on Justices of the Peace outline the role and function of Advisory Committees. Alongside the recruitment and onboarding exercises for magistrates, the policy provides advice to Advisory Committees on reasonable adjustments for disabled applicants to the magistracy[footnote 10].
The Lord Chancellor and the Lady Chief Justice welcome and encourage applications from all groups. During the recruitment process, HMCTS staff providing administrative support to Advisory Committees aim to provide reasonable adjustments for disabled candidates[footnote 11]. This is set out in the application guidance on the magistrates’ application guidance page online, which is accessible to all applicants[footnote 12]. The overall process is managed by the local Lord Chancellor’s Recruitment Advisory Committees[footnote 13].
3.3 Non JAC Appointments
For appointments to senior posts outside of Schedule 14 to the Constitutional Reform Act 2005, the JAC will, at the request of the Lord Chancellor, convene selection panels that recommend applicants for appointment. The JAC provides the secretariat for these exercises and, in line with statute, at least 2 JAC commissioners sit on each 5-member panel.
For these exercises and JAC-managed competitions for tribunals outside the unified structure, the JAC reasonable adjustments policy will apply.
The JAC assists the senior judiciary in the selection of circuit judges to sit in the Court of Appeal Criminal Division under section 9(1) of the Senior Courts Act 1981[footnote 14]. Candidates should direct all queries about reasonable adjustments during the recruitment process to Judicial Office[footnote 15].
4. Reasonable adjustments post appointment
Initial consideration and review of workplace adjustments is carried out by, in the case of working practices, the relevant senior judge with pastoral and deployment responsibilities, Chamber President, Presiding Judge or Bench Chair, and in the case of physical adjustments, by HMCTS.
Specialist services such as MoJ Workplace Adjustment Service (WAS), Judicial Office Digital and Technology Services; Judicial Office HR, and Occupational health services may provide advice to the decision maker if asked, but without altering the decision makers responsibility for making and implementing the decision.
During any initial consideration and review of such adjustments, consideration should be given to adjustments that may affect requirements to attend live (face-to-face or digital) training and engage the Judicial College on this if necessary. The judicial office holder should inform the Judicial College of any agreed reasonable adjustments to their working practices that may be relevant to judicial training by sharing their Workplace Adjustment Passport if they have one.
4.1 New Appointments- Judicial office holders (including non-legal appointments)
When candidates receive confirmation that they have been recommended for appointment to judicial office, disabled candidates who have been successful will be able to request reasonable adjustments.
For large scale exercises, the JAC will ensure that successful candidates are notified as soon as possible that as the adjustments declared during the recruitment process will not be shared with the Judicial Office and HMCTS, successful candidates must promptly contact Judicial Office to inform them of any reasonable adjustment requests to take into consideration for deployment. When offered appointment, all successful candidates will be asked to contact HMCTS and/Chamber President’s Office as appropriate to request any reasonable adjustments which may be required in advance of sitting at their assigned location.
If a candidate declares that they require an adjustment to be made, then Delivery Managers from HMCTS will be advised. The HMCTS officials will then liaise with the candidate to obtain their consent to proceed with a workplace assessment.
HMCTS Delivery Directors need to be made aware of more significant and complex arrangements so they can liaise with other HMCTS Departments and ensure that the timeline to implement adjustments is swift. Adjustments that relate only to the allocation of work, deployment, or sitting patterns, will be directed to the Senior Leadership Judge/ Presiding Judge by HMCTS officials, or for tribunals the Chamber President’s Office, and will be taken into consideration before candidates are deployed.
Judicial office holders have access to the Judicial HR system and are encouraged to update their disability declaration information and note if reasonable adjustments are in place.
4.2 New Appointments- Magistrates
There is similarly a process to allow newly appointed disabled magistrates to request reasonable adjustments.
Responsibility for managing the process of considering whether any adjustment is reasonable will be managed by the Lord Chancellor’s Advisory Committee, the Bench Chair, and the relevant HMCTS officials[footnote 16].
Upon appointment, successful candidates must email the Advisory Committee Secretary to confirm whether they require any reasonable adjustments beyond the application stage as outlined in the appointment letter from the Advisory Committee. This will ensure that if candidates require complex and/or long term reasonable adjustments, the process for evaluating the reasonableness of any adjustments and the implementation of any adjustments can be completed in advance of magistrates sitting in their assigned locations.
Local Advisory Committees will consult with successful candidates for the magistracy in accordance with the provisions set out in the Lord Chancellor’s Directions to Advisory Committees on Justices of the Peace.
The Advisory Committee Secretary will, in conjunction with Delivery Managers from HMCTS, consider what arrangements can be put in place to support the magistrate in carrying out their duties.
HMCTS Delivery Directors need to be made aware of more significant and complex arrangements so they can liaise with other HMCTS Departments and ensure that the timeline to implement adjustments is swift.
For adjustments relating to working practices, the Lord Chancellor’s directions to Advisory Committees creates the expectation that magistrates will sit for full days unless individual dispensation or reasonable adjustments have been agreed by the bench chair.
Magistrates are also recommended to notify the Advisory Committee to request their Judicial HR system be updated with their disability declaration information and confirmation of any workplace adjustments in place.
4.3 Serving members of the judiciary
For serving disabled judicial office holders (whether salaried, fee-paid or voluntary), who consider that new or further adjustments to their working environment may enable them to carry out their duties more effectively, the process is captured in the judicial/ HMCTS workplace adjustments guidance and flow chart for judicial office holders working in HMCTS buildings.
Judicial office holders who consider that an adjustment to their working practices is required should approach their relevant senior judge in accordance with the policy on Judicial Health and Welfare. For magistrates, their relevant Bench Chair will refer this to the Advisory Committee.
MoJ officials should be consulted where adjustments to working practices result in any amendments to the judicial office holder’s terms and conditions, or potential implications for pay and expenses policy.
Judicial office holders are encouraged to complete and maintain a confidential Workplace Adjustment Passport to support their conversations with HMCTS and/or a Leadership Judge/ Bench Chair about any workplace adjustments that might need to be made.
If a judicial office holder has a disability that could impact on their ability to hear an alarm or safely evacuate a building in an emergency situation e.g. fire, they must raise this with the local Delivery Manager. This will allow for their needs to be discussed and a bespoke Personal Emergency Evacuation Plan (PEEP) put in place. As building layouts and personnel vary at each building, a separate PEEP will need to be in place for each location the judicial office holder works.
Where disabled judicial office holders have incurred additional expenses over and above the normal day to day requirements of a judicial office holder as a consequence of their disability, a claim for reasonably incurred additional expenses can be made (with exception to magistrates who have a separate expense policy). Approval must be sought from the relevant senior judge prior to a claim being made to HMCTS. Magistrates should discuss any potential expenses relating to reasonable adjustments with the local Delivery Manager and their Bench Chair prior to making arrangements and at the earliest opportunity.
5. Arrangements during work shadowing and other schemes
5.1 The judicial work-shadowing scheme
Advertising material for the Judicial Work-Shadowing Scheme[footnote 17] explains that reasonable adjustments will be made as far as possible for disabled applicants to accommodate each participant’s needs. Applicants to the scheme who ask for adjustments will be contacted by the relevant official in order to discuss their requirements.
5.2 JAC’s Targeted Outreach programme
The JAC’s targeted outreach and research team engages with candidates from under-represented groups to provide tailored advice, guidance and access to wider support. For reasonable adjustments, applicants should email the targeted outreach team who will be in contact to discuss their requirements[footnote 18].
5.3 Pre- Application Judicial Education Programme (PAJE)
The PAJE Programme encourages lawyers from under-represented groups to apply to judicial office. Each legal profession (The Law Society, Bar Council and CILEX) is responsible for organising their respective courses and is responsible for providing reasonable adjustments for participants who have requested them. The relevant officials will be in contact to discuss their requirements[footnote 19].
5.4 Judicial College training
The Judicial College provides induction training for those taking on a judicial role for the first time or those taking on responsibilities in new areas or law or new roles. Judicial office holders must complete an induction before they are able to sit in a new jurisdiction. Judicial office holders are then required to attend continuation training on a regular basis. Induction and continuation training consists of live training, the majority of which is currently delivered face-to-face. For all judges and tribunal non-legal members (whether fee-paid or salaried), training takes place in a variety of residential conference venues with different facilities across the country, many of which involve an overnight stay. For magistrates and legal advisers, face-to-face training takes place regionally and usually within HMCTS managed venues.
To complement mandatory face-to-face induction and continuation training, the Judicial College also provides voluntary digital learning resources (such as e-learning and post-course materials), as well as supporting publications (such as the Equal Treatment Bench Book) and regular legal updates.
The Judicial College has procedures in place to ensure that adjustments can be made where reasonable to support attendance at Judicial College training and access to Judicial College publications and training materials.
The Judicial College asks that requests for reasonable adjustments be communicated to the Judicial College at the point of booking a course (either through its digital learning site or via email) or when the judicial office holder is accessing Judicial College publications and training materials. The Judicial College will then follow up with the individual to confirm the details.
Responsibility for decisions may rest with Leadership Judges or the Judicial College’s Directors of Training on behalf of the Lady Chief Justice, Senior President of Tribunals and Chief Coroner, or with the Judicial College Executive Director, depending on the possible educational, operational, or financial impacts. This may be exercised in practice by a nominated judicial trainer or Judicial College official as appropriate.
6. End of appointment for disabled judicial office holders
On leaving office, disabled judicial office holders who are in possession of specialist equipment should alert the appropriate official and HMCTS manager of their departure in order to discuss its return.
7. Recording adjustments requested, made and refused
There is no requirement to record minor adjustments, i.e. those that can be managed as part of normal business by the Delivery Manager, on behalf of the Lord Chancellor, or by a Leadership Judge, or Bench Chair on behalf of the Lady Chief Justice or Senior President of Tribunals.
All complex adjustments requested, made and refused will be recorded and a log completed:
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HMCTS Security and Safety Team will keep records of the referrals for Workplace Assessments provided by Occupational Health for advice on workplace adjustments.
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Judicial HR system is available to judicial office holders. This should be updated by the judicial office holders to note if they have workplace adjustments in place. They should also be encouraged to complete their disability declaration on the judicial HR system.
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A record of any adjustments refused, and the reasons for refusal, will be kept by the court or tribunal delivery managers.
In addition, a workplace adjustments passport is available to judicial office holders to keep a record of requests for reasonable adjustments, including changes to working practices, and information of requests approved and declined. The passport is confidential, and the judicial office holder retains ownership of the form throughout.
Maintaining these records will:
- assist when making decisions in the future,
- identify good practice that can be shared across HMCTS; and
- provide evidence that the request has been properly considered.
### 7.1 Escalation Procedures
Judicial office holders (newly appointed or serving) may raise a concern against a decision to refuse request for an adjustment. Judicial office holders with a concern about the decision received on a request for reasonable adjustments should at first seek to resolve the issue informally, at a local level, before commencing escalation proceedings. Information on the escalation process is contained in the Judicial /HMCTS Workplace Adjustments Guidance for Judicial Office Holders working in HMCTS buildings.
For candidates going through the appointment process, if the request for adjustments cannot be accommodated or there is a disagreement about the reasonableness of the adjustments, a complaint can be raised with the JAC[footnote 20].
For applicants to the magistracy, any complaints regarding the management of reasonable adjustments requests can be raised with the Advisory Committee Secretary, who will liaise with the relevant officials from HMCTS.
8. Review and evaluation
Following the publication of the policy in 2011, this review took place in 2024 to reflect the changes brought about by the publication of the Inclusive Language Guidance[footnote 21] and to reflect the changes to the operational guidance that have taken place since the creation of the policy.
To increase judicial office holders’ and HM Courts and Tribunal Services (HMCTS) staff’s awareness of this policy; support ways of working for officials to implement reasonable adjustments and create processes of accountability for the relevant bodies to fulfil their duty, the following actions are proposed:
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Produce clear operational guidance for reasonable adjustments at onboarding stages for magistrates and salaried and fee-paid judges.
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Communicate the changes in the reasonable adjustments policy and increase awareness of the operational processes to judicial office holders, and HMCTS officials.
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Deliver additional training to operational court staff and Leadership Judges/Bench Chairs on handling reasonable adjustments requests.
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HMCTS HQ to update the Workplace Adjustment Working Group (WAWG) on the progress of HMCTS activities to improve accessibility of court estate biannually.
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Utilise the data from total number of WAWG escalation requests to identify types of adjustments that may cause difficulties and understand where workplace adjustments passports are in use.
The outcomes from these changes will be factored into a subsequent updated policy document.
The policy will be reviewed by MoJ every two years to ensure that it remains fit for purpose, which will include an evaluation of the effectiveness of the way that the policy has been applied at an operational level.
The review will include the views of the Workplace Adjustments Working Group (WAWG), a sub-committee of the Judicial HR Committee, and the Judicial HR Committee.
9. Sources of additional information
The following resources will be able to provide more detailed information on disability and reasonable adjustments:
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The Equality & Human Rights Commission (EHRC):
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The EHRC shares information of the types of disability discrimination disabled people face in the workplace and the kinds of reasonable adjustments organisations and employers have a duty to provide[footnote 22].
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Information can also be located from the EHRC Code of Practice on Employment and Occupations, which provides definitive guidance on reasonable adjustments and highlights the availability of specialist information from disability organisations.
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The EHRC Code of Practice on Employment and Occupations also sets out discrimination in work relationships other than employment, and in this section the Code explores discrimination against public office holders.
The EHRC provides additional guidance on the issues that can be taken into consideration when determining if an adjustment is reasonable:
- What equality law means for you as an employer: when you recruit someone to work for you[footnote 23].
- Employment statutory code of Practice[footnote 24].
Annex A: Glossary of Terms and Abbreviations used
Term | Definition |
---|---|
Delivery Manager | HMCTS court and tribunal staff that are the first point of contact for judges whilst they are sitting. |
Delivery Director | Senior HMCTS staff within the region that are a point of escalation for Delivery Managers to use should it be needed |
EIA | Equality Impact Assessment |
EHRC | Equality and Human Rights Commission |
HMCTS | HM Courts & Tribunals Service |
JAC | Judicial Appointments Commission |
JC | Judicial College |
JO | Judicial Office Judicial Office - Courts and Tribunals Judiciary |
MoJ | Ministry of Justice |
DU | Disability Unit |
Lay Magistrate | Magistrates are trained, unpaid members of the local community, who sit part-time and deal with less serious criminal cases and family cases. |
Senior Presiding Judge | The Senior Presiding Judge is a member of the Court of Appeal appointed by the Lord Chief Justice to supervise the Presiding Judges for the various judicial circuits of England and Wales. |
Senior President of Tribunals | The Senior President of Tribunals is the independent and statutory leader of the tribunal judiciary. |
Lady Chief Justice | Head of the Judiciary of England and Wales and President of the Courts of England and Wales. |
Reasonable Adjustments | An adjustment that aims to alleviate the substantial disadvantage at which a disabled person has been placed in contrast to a non disabled person. |
Workplace Adjustments | A reasonable adjustment that has been implemented. Includes adjustments to working practices, physical adjustments within court buildings or the provision of equipment for disabled judicial office holders. |
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The Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace - Courts and Tribunals Judiciary ↩
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Courts Act 2003, Section 1; Tribunals, Courts and Enforcement Act 2007, Section 39; Constitutional Reform Act 2005, Section 3 and 17 ↩
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Constitutional Reform Act 2005, Section 7 and Crime and Courts Act 2013, section 21 ↩
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The Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace - Courts and Tribunals Judiciary parts 1, 3 and 5 ↩
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Part-1-Lord-Chancellors-Directions-to-Advisory-Committees-October-2023.pdf (judiciary.uk) ↩
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Application guidance - Magistrates Recruitment (judiciary.uk) ↩
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https://www.judiciary.uk/wp-content/uploads/2023/05/Lord-Chancellors-Directions-to-Advisory-Committees-Part-3-The-selection-process-for-magistrates.pdf ↩
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https://judicialappointments.gov.uk/wp-content/uploads/2020/11/Circuit-Judges-sitting-in-Court-of-Appeal-Criminal-Division-Policy.pdf ↩
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Lord-Chancellors-Directions-to-Advisory-Committees-Part-5-Matters-arising-after-appointment.pdf (judiciary.uk) ↩
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Targeted Outreach programme – Judicial Appointments Commission ↩
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https://www.judicialcareers.judiciary.uk/shadowing-mentoring-and-other-support-programmes/pre-application-judicial-education-programme-paje/ ↩
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Inclusive language: words to use and avoid when writing about disability - GOV.UK (www.gov.uk) ↩
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https://www.equalityhumanrights.com/sites/default/files/what_equality_law_means_for_you_as_an_employer_-_recruitment.pdf ↩
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https://www.equalityhumanrights.com/sites/default/files/employercode.pdf ↩