Protecting judges

New security taskforce will identify improvements and oversee change

Judges and their families will be offered improved security protection, they have been told by the lady chief justice of England and Wales. In a letter sent to all members of the judiciary earlier this week, Baroness Carr of Walton on-the-Hill said she was setting up a new operational security taskforce, chaired by a High Court judge, to identify improvements and oversee their implementation.

Carr told judges she was increasingly concerned about the threats and abuse they now faced, sometimes online. Members of the judiciary in some areas will be offered training later this year to help them identify risks in the courtroom.

Judges who continue to use social media have also been told how to minimise both judicial security and reputational risks . Recent guidance has been clarified in the light of concerns.

Baroness Carr addressing the British Institute of International and Comparative Law earlier this week

Later this morning, reporters will be allowed to identify three judges involved in the case of the murdered schoolgirl Sara Sharif. A ban on naming the the judges was overturned last Friday but the Court of Appeal decided that restrictions imposed by a judge last month would remain in place for another week so that the courts service could “put measures in place to protect them from any potential harm once their names are released”.

Carr’s letter

Here are two lightly-edited extracts from Carr’s letter to the judiciary:

As many of you will be aware, incidents threatening or compromising judicial safety are becoming all too common, both inside and outside of the courtroom and online as well as physical. Any incident where your security is compromised is taken with the utmost seriousness. Amongst other things, I am increasingly concerned about social media threats to, and abuse of, the judiciary. These developments are a product of the modern world in which we live and also our increasing drive towards transparency and open justice.

With the agreement of the senior president of tribunals, I have decided to establish a new operational security taskforce, to be chaired by the deputy senior presiding judge, Mrs Justice Yip. The taskforce will identify what improvements can be made to present arrangements and then oversee implementation.

The taskforce’s remit will be to look not just at threats to physical security in the courts and tribunals but also online threats and abuse, and threats to home and family. It will include representatives from across the judiciary and HM Courts and Tribunals Service (HMCTS). I am keen that it should explore whether there are lessons to be learned from abroad and also consider seeking external expert security advice, for example, from those involved in the arrangements and protection for MPs.

For now, may I repeat the request that all security incidents should be reported to your security liaison judge if applicable, leadership judge, HMCTS via the senior person on site and the office of the senior presiding judge, with a completed security incident form. This will ensure that all the correct procedures are followed and that necessary measures are taken.

Security training for civil, family, tribunal judges and members, and coroners is due to be launched in the spring and will bring together all the available guidance. The training will contain scenario-based examples, a video from HMCTS security explaining their roles, as well as information from the police on identifying verbal and non-verbal cues. The potentially violent persons protocol is also in the process of being updated and will be launched on the [judicial] intranet shortly.

Social media guidance

Linked to the issue of judicial security is the social media guidance. This makes clear that active social media use by the judiciary is discouraged, while setting out practical advice to enable those who still choose to use social media to minimise both judicial security and reputational risks.

There have been some queries as to the scope of the social media guidance, principally from fee-paid judges and magistrates.

The social media guidance applies to all salaried and fee-paid courts and tribunal judges, non-legal tribunal members, coroners, and magistrates, as does the Guide to Judicial Conduct. The underlying principle is that all judges (whether salaried or fee-paid) should avoid behaviour likely to undermine confidence in the independence, impartiality or integrity of that judge or the judiciary as an institution (the principle of judicial independence). Whether behaviour would do so depends on context. The illustrative examples of inappropriate behaviour should be understood with that in mind.

Queries have also been raised as to the applicability of the social media guidance to fee‑paid members of the judiciary when carrying out leadership roles, such as chair of the Bar Council, circuit leaders or leaders of specialist associations. The social media guidance is not intended to prohibit any such person from discharging their duties and using social media in that capacity. Nor is there any blanket ban on fee-paid judges or magistrates blogging or tweeting.

Discussing politically neutral issues, or legal issues unconnected with the judge’s work, on social media may not offend the principle of judicial independence. Demonstrating strong political leanings, however, could present difficulties for those who may have to carry out judicial functions in cases involving the government of the day or politically charged issues.

As set out in the social media guidance, magistrates who use social media may share recruitment-specific content issued by the Judicial Office, HMCTS or Ministry of Justice on their personal social media channels to raise awareness of the magistracy and promote recruitment.

The social media guidance is intended to be a living document. It will be kept under review, with a formal review planned for later this year. I hope that it helps you in navigating what can be difficult territory.

Members of the judiciary were told that if they had any doubts about whether their use of social media was appropriate they should ask the judicial communications office for advice and support.