Galo v bombardier aerospace uk 2016 nica 25, 2016 irlr 703, it was apparent that the. The aim of the equal treatment bench book is to offer assistance and advice to judges who have to ensure that all who come before the courts are dealt with in. The drafting of the bench book was undertaken by members of an equal treatment working party established by the judicial studies committee and. All judges and magistrates will find it helpful to make themselves aware of the contents of this new edition. Very many women regard the use of cis, particularly with respect to women, as a disrespectful term, relegating us to a subset of that which we are. Whilst much has been achieved in recent decades to secure greater equality for women, gender inequality remains a significant feature of both public and private life for women and men. The drafting of the bench book was undertaken by members of an equal treatment working party established by the judicial studies committee and chaired by the rt. To achieve justice, judicial officeholders must be informed and aware. The magistracy has a bench book specifically concentrating upon equal treatment which has some details of adhd, but it is not known how widely this is utilized within the courts. Equality before the law bench book published by the department of the attorney general wa.
We recommend that judges should be familiar with relevant sections of the equal treatment benchbook, particularly those concerning the treatment of children in criminal proceedings part 4. Update 10, 2016 mr hugh donnelly, director, research and sentencing, judicial commission of nsw update 10, 2016 ms pierrette mizzi, manager, research and sentencing, judicial commission of. The etbb is a fundamentally important guide for all judicial office holders. Commonsense guidance on equality does not deserve scorn. Bame offenders far more likely than others to be jailed for. True equal treatment may not always mean treating everyone in the same way, the new version reads. It offers practical guidance aimed at helping make the court experience more accessible for parties and witnesses who might be uncertain, fearful or feel unable to participate. Chapter 2 relates to children, young people and vulnerable adults. The judicial colleges equal treatment bench book provides guidance for judges and judicial office holders on equal treatment in respect of such matters as race, belief systems, children, disability, women, and sexual orientation.
Everyday low prices and free delivery on eligible orders. Equal treatment bench book, judicial college, february 2018. In the event that you choose to print or download it, please be aware that it is subject to modification and improvement from time to time. Contents equal treatment bench book february 2018 v references and resources 315. May 09, 2018 cloisters john horan celebrates the new edition of the equal treatment bench book etbb, published last february, which provides genuine advice and a surefire method of taking seriously the reasonable adjustments that disabled people require for the litigation process. The bench book advises that transgender defendants should be addressed by the pronouns of their choice and that selfdefinition is the most important criteria sic. The bench book records what is understood, after the consultation procedure detailed in appendix i, to be current best practice. A new, updated edition of the equal treatment bench book by the judicial college was published in february 2018. Judges told to limit observers if witness has to remove veil. The judicial college of england and wales has updated the equal treatment bench book. Trans lobbyists have no place in the justice system thearticle. Sep 11, 2010 womens experiences as victims, witnesses and offenders are in many respects different to those of men, according to the equal treatment bench book. A global challenge every person has the right to a fair trial both in civil and in criminal cases, and the effective protection of all human rights very much depends on the practical availability at all times of access to competent, independent and impartial courts. Commonsense guidance on equality does not deserve scorn law.
In her second article, paula gray considers two recent cases which highlight the importance of considering guidance in the etbb when making judicial decisions such as the management of a hearing. Input what you are looking for and click the search button. Judicial institute publications judicial training about the judiciary. The equal treatment bench book has been updated and expanded by the judicial college who state that true equal treatment may not always. The identification and management of adhd offenders within. There are several support through court offices in various locations across the uk, but. The court also found it a matter of great concern that no reference appears to have been made to the equal treatment bench book, and said it had formed the clear impression that the equal treatment bench book does not appear to be part of the culture of these hearings. The commission thanks all the members of the original 2005 equality before the law bench book advisory committee for the generous donation of their time. Celebrating the newest edition of the equal treatment bench book. Bame offenders far more likely than others to be jailed. Free practical law trialto access this resource, sign up for a free trial of practical law.
This comes at a time when, in particular, employment tribunals have shown the same respect for disabled people and set up. In february 2018, the equal treatment bench book was updated. Details practitioners representing children in the criminal. Judges, tribunals and magistrates 20 equal treatment bench book. Contact us our customer support team are on hand 24 hours a day to help with queries. Celebrating the newest edition of the equal treatment. Women and transgender people often face serious discrimination and violence. Response of the equality and human rights commission to. New edition of the equal treatment bench book launched. Equal justice bench book supreme court of western australia.
The judicial college, which is responsible for training the courts judiciary, recently published a revised, 422page equal treatment bench book that includes new sections on antisemitism, islamophobia, modern slavery and multicultural communication, expanded sections on litigantsin. Treating people fairly, the judicial college 20 writes, requires awareness and understanding of their different circumstances, so that there can be effective communication and so that steps can be taken, where appro. According to the equality act 2010 and the disability discrimination act 2005, you have the legal right not to be discriminated against because of your disability and legal rights to reasonable adjustments with a diagnosis of autism spectrum disorder, including aspergers syndrome and pathological demand avoidance subtype. The equal treatment bench book aims to increase awareness and understanding of the different circumstances of. This page on the courts and tribunals judiciary web site provides access to the full text of the february 2018. Equal treatment bench booksept2019revision valuation. Look at the equal treatment bench book 20 available from a link on this webpage. The college welcomes feedback on the equal treatment bench book. Self represented people supreme court of western australia. The previous life experiences of women offenders, their reasons for offending, their offending patterns, the impact of custodial sentences on. John horan on the new edition of the equal treatment bench book and how it can. Cloisters john horan celebrates the new edition of the equal treatment bench book etbb, published last february, which provides genuine advice and a surefire method of taking seriously the reasonable adjustments that disabled people require for the litigation process.
Children in adult courts youth justice law in england. Judges and magistrates receive training in unconscious bias and have extensive guidance in the equal treatment bench book concerning all. There is also a proposal to add a reference and link to the equal treatment bench book etbb to each page of the explanatory materials. Changes to the magistrates court sentencing guidelines. Judicial college uk publishes updated equal treatment bench. Aboriginal benchbook for western australian courts, second edition. The equal treatment bench book 20 provides advice and guidance regarding children and vulnerable adults, individuals with physical disabilities, and individuals with mental disabilities, specific learning difficulties and issues of capacity. Equal treatment benchbook published by the supreme court of queensland. Jan 15, 2020 judges and magistrates receive training in unconscious bias and have extensive guidance in the equal treatment bench book concerning all minority groups. The proposals do not apply to guidelines for sentencing children and young people. Overarching principles sentencing youths, sentencing council, november 2009 remittal from the crown court at paragraphs 12. Ignorance of the cultures, beliefs and disadvantages of others encourages prejudice. New edition of the equal treatment bench book launched courts.
Response of the equality and human rights commission to the. The equal treatment bench book guide for uk judges tells them that the term transgender is commonly associated with those people whose gender identity does not correspond to the gender assigned to them at birth. Uk web site includes information about disability rights under the equality act 2010. Judges told to limit observers if witness has to remove. Fairplayforwomen fight inaccurate press reporting mumsnet. Advice from the judicial college in a new edition of the equal treatment bench book also suggests that court artists should be banned from drawing those required to lift their veil and that. Equality before the law bench book published by the judicial commission of new south wales. Feminist lawyers say the guidance, in the equal treatment bench book. The commentary in the equal treatment bench book provides a useful summary. This page on the courts and tribunals judiciary web site provides access to the full text of the february 2018 bench book, as amended september 2019. Equal treatment bench book guidance relevant to women and transgender people 12. A summary of the equal treatment bench book by isbn.
The most recent amendments to the february 2018 edition were made in march 2020 but this was not a full revision. Sep 11, 2010 judges ought to bear these matters in mind when passing sentence, according to the equal treatment bench book, published by the judicial studies board jsb. This comes at a time when, in particular, employment tribunals have. Equal treatment bench book 20 2 in this document in this document you will find the separate pieces of guidance on equality and diversity brought together for ease of reading. Aspergers, asd, criminal justice, family court, reasonable. Feminist lawyers say the guidance, in the equal treatment bench book, fails to highlight conflicts between transgender and womens rights. Feb 28, 2018 advice from the judicial college in a new edition of the equal treatment bench book also suggests that court artists should be banned from drawing those required to lift their veil and that.
Womens experiences as victims, witnesses and offenders are in many respects different to those of men, according to the equal treatment bench book. Swearing on a holy book makes a mockery of religion, sikh. The most recent amendments to the february 2018 edition were made in september 2019 but this was not a full revision. In its equal treatment bench book, the uks judicial studies board stated. Mar 20, 2018 the judicial college of england and wales has updated the equal treatment bench book.
Women remain disadvantaged in many public and private areas of their lives. Judges ordered to show more mercy on women criminals when. The steering committee, the department and its employees, consultants and agents will not be liable including but not limited to liability by reason of negligence to persons who rely on the information contained in the equal justice bench book for any loss, damage, cost or expense whether direct, indirect, consequential or special, incurred. I am pleased to tell you that the judicial colleges equal treatment bench book, a guide for judges, magistrates and all other judicial office holders, has been revised and updated. This bench book was produced by the judicial commission of nsw at the request of chief justice spigelman. Judicial college uk publishes updated equal treatment. They also, however, have a relevance, and not simply by analogy, to civil proceedings including those in tribunals. Crown court benchbook judicial studies board by forensicmed. Judges, tribunals and magistrates 20 equal treatment. Equal treatment bench book new series gray 2018 equal treatment bench book new series gray 2018 7 june 2019 judicial skills 2. I refer you to the equal treatment bench book chapter 1. Raising the bar for equal treatment in the courts legal action group. The judicial colleges equal treatment bench book provides guidance for.
Warning over transgender guidance to judges news law. The judicial college, which is responsible for training the courts judiciary, recently published a revised, 422page equal treatment bench book that includes new sections on antisemitism, islamophobia, modern slavery and multicultural communication, expanded sections on litigantsinperson self. Ongoing short survey for uk autism parents on social care experiences according to the equality act 2010 and the disability discrimination act 2005, you have the legal right not to be discriminated against because of your disability and legal rights to reasonable adjustments with a diagnosis of autism spectrum disorder, including aspergers. Equal treatment bench book updatedby practical law dispute resolutionrelated contentthe judicial colleges equal treatment bench book has been revised and updated. Equal treatment bench book, judicial college, february 2018 the equal treatment bench book has been updated and expanded by the judicial college who state that true equal treatment may not always mean treating everyone in the same way. Whatdotheyknow also publishes and archives requests and responses, building a massive archive of information.
Dont say immigrant or postman, judges warned in new. Lord chief justices office royal courts of justice chichester street belfast bt1 3jf. Equal treatment bench book 20 city, university of london. The equality act 2010, which strengthened and harmonised all our anti. The equal treatment bench book is a dynamic document. Disabled people denied access to justice by failure of. Trans lobbyists have no place in the justice system. Guidance for judges on transgender issues has come under fire from solicitors in the wake of controversial court rulings. The equal treatment bench book at chapter 5 sets out a great number of useful provisions, which are principally directed at criminal proceedings. Lawyers say guidance in equal treatment bench book fails to highlight conflicts between transgender and womens rights. Specific training in mental health is not provided for magistrates but it is available for crown court judges. As stated, it did consult the sikh council uk for this section. These recognise that the principles of fair treatment and equality are fundamental to the judicial.
Paganism is featured in the latest edition of the equal treatment bench book, which used by the judiciary to ensure the fair and equal treatment of all persons involved in the courts, whether they are a member of staff, a witness, a victim or a defendant. The equal treatment bench book is not about political correctness nor preaching nor moralising. Judges ought to bear these matters in mind when passing sentence, according to the equal treatment bench book, published by the judicial studies board jsb. Equal treatment bench book 20 the equal treatment bench book can be accessed from a pdf towards the bottom of this webpage. Equal treatment bench book i the equal treatment bench book is a dynamic document. The equal treatment bench book talks a lot about the need to avoid being disrespectful to trans people. Warning over transgender guidance to judges news law gazette. The equal treatment bench book has been updated with todays dos and donts to promote the accessibility of courts and tribunals for all. In february 2018, the equal treatment bench book was updated, expanded and improved.
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