How does the representation of women and ethnic minorities within the English Judiciary impact public confidence in the legal system and to what extent is the goal of judicial diversity being achieved?
| Pages | 84-117 |
| Date | 01 June 2026 |
| Published date | 01 June 2026 |
| Author | Georgina MacInnes |
| Subject Matter | Social Sciences |
Southampton Student Law Review
Volume 16, Issue II Autumn 2026
84
DISSERTATION
How does the representation of women and ethnic
minorities within the English Judiciary impact public
confidence in the legal system and to what extent is the
goal of judicial diversity being achieved?
GEORGINA MACINNES†
University of Winchester
ABSTRACT. Judicial diversity has been a goal that is yet to be achieved, with the history
of exclusion still haunting the judiciary today. This dissertation will begin by gaining a
deeper understanding of judicial diversity by depicting its aims and arguments; then
exploring the history of the judiciary and critically analysing the extent of success from
past legislative and structural reforms. In the following chapter I will discuss the
importance of public trust for judicial legitimacy whilst also analysing the wider
implications for the perception of bias and the role of diversity in enhancing trust and
legitimacy. This will assist in examining the different levels of trust whilst gaining a deeper
understanding of the importance of achieving judicial diversity. In chapter three the
dissertation will shift focus onto t he barriers present both before and after judicial
application, the primary objective of this is to identify the restrictions still in place that i s
preventing the goal diversity. Following this, using the identified barriers, chapter four
critically analyses the effectiveness of current reform strategies and whether the objectives
are best suited to tackle the clear barriers preventing equal opportunities into the judiciary.
This dissertation will use various research approaches including the doctrinal approach, to
research the law; the socio-legal approach to examine the impact of the lack of diversity in
the judiciary; also, the comparative and historical approach by comparing reform attempts
and past and current barriers.
The lack of equal representation for women and ethnic minorities, which this dissertation
will focus on, has wider implications on reinforcing stereotypes and deterring individuals
from applying for judicial appointment. This leads to marginalized groups questioning
whether impartial and fair justice is being provided, or whether institutional racism is
prominent during decision making, ultimately knocking individuals’ confidence in the legal
system. Not to mention, the lack of equal access to judicial appo intment has been an
emerging call for reform; and without recognising and tackling barriers restricting those
during the application process, or even those present during the law profession itself, the
goal of diversity is a distant dream.
† LLM Candidate, University of Winchester. This Law Dissertation is the result of my own
independent work and investigation, except where otherwise stated. All sources used have been
acknowledged by footnotes, giving explicit references using the OSCOLA referencing system.
University of Winchester (2025).
(2026) 16(2) S.S.L.R 84–117
85
Table of Contents
Introduction ....................................................................................................................... 86
1. Understanding judicial diversity and the history of the Judiciary System .................... 88
1.1. Understanding judicial diversity ............................................................................. 88
1.2 Judiciary’s History ................................................................................................... 89
1.3. Constitutional Reform Act 2005 ........................................................................ 93
Conclusion ..................................................................................................................... 95
2. The importance of public trust and the impact of lack of diversity on the perception of
bias ................................................................................................................................... 97
2.1. Public trust in the judiciary: Foundation for legitimacy ...................................... 97
2.2. Impact of lack of diversity – perception of bias wider impacts ........................... 98
2.2.1. Racial bias ............................................................................................... 98
2.2.2. Gender bias ............................................................................................. 99
2.2.3. Perception of Bias wider impacts .......................................................... 100
Conclusion ................................................................................................................... 103
3. Barriers to judicial diversity .................................................................................... 104
3.1. Pre application barriers ...................................................................................... 104
3.1.1. Socio-economic and educational barriers ............................................. 104
3.1.2. Structural and cultural barriers .............................................................. 105
3.2. Post application Barriers .................................................................................... 107
3.2.1. Structural barriers .................................................................................. 107
3.2.2. Bias and discrimination barriers ........................................................... 108
Conclusion ................................................................................................................... 109
4. Reforms ................................................................................................................... 110
4.1. Current reform analysis ...................................................................................... 110
4.2. Recommendations .............................................................................................. 113
Conclusion ................................................................................................................... 114
Conclusion ...................................................................................................................... 116
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
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Introduction
he judiciary holds a crucial role in interpreting and applying the law whilst
upholding the rule of law by delivering fair and impartial justice; as stated by
Rangaswamy the judiciary, ‘stands as a cornerstone of democratic societies’.1
Public’s trust is vital for judicial legitimacy and the underrepresentation within the
judiciary undermines that confidence in the legal system, while a more
representative judiciary can enhance trust, fairness and legitimacy.
In my first chapter, I will explore the aims and arguments for judicial
diversity, to gain a deeper understanding of what previously and continues to be
advocated for. By further looking at the emergence of judicial diversity and
critically analysing past legislative reforms, including the Constitutional Reform
Act 2005; this highlights the importance of achieving the goal of diversity, whilst
comparing previous reforms and exclusion barriers to recent attempts of eliminating
current barriers. This chapter aims to set a foundation for understanding why
judicial diversity matters and explores the historical barriers that excluded
marginalised groups like women and ethnic minorities and the legislative reforms
for greater diversity.
Chapter two will look at the importance of public trust and examine the
perception of racial and gender bias and its further cultural and structural impacts
on society. With this, I will discuss the role of diversity in enhancing judicial
legitimacy and reinforcing public trust.
Chapter three focuses on present barriers that continue to exclude women
and ethnic minorities despite previous reforms and attempts at achieving judicial
diversity. I have split the chapter into barriers that apply before judicial application
and those apparent after, with this we can identify repeated past challenges, like
career progression, to determine how best to achieve the goals of diversity. In the
final chapter, I will critically analyse the current attempts including the Judicial
Diversity and Inclusion Strategy,2 and compare its statistical update to measure its
success. Then examining recommendations to better improve the lack of
representation by tackling structural barriers that are hidden in the root of the law
profession and limiting progression into the judiciary, whilst analysing whether
other implementations like diversity quotas will better achieve judicial diversity.
Nevertheless, the reform around judicial diversity has been a fight that has
lasted over 100 years and will continue until there is a representative bench that
reflects the society it serves. The slow rates of success have been criticised, yet with
the public’s trust and confidence of the judiciary in decline, the threat of damaging
1 TR Rangaswamy, ‘The Role of the Judiciary in Maintaining the Rule of Law’ (2022) 9
International Journal of Research and Analytical Reviews 823.
2 Judiciary of England and Wales, Judicial Diversity and Inclusion Strategy 2020–2025 (November
2020)
Strategy-2020-2025-v2.pdf> accessed 25 July 2026.
T
(2026) 16(2) S.S.L.R 84–117
87
the legitimacy of an integral part of the legal system, has further encouraged
achieving judicial diversity.
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
88
1. Understanding judicial diversity and the history of the Judiciary System
This chapter explores the aims and arguments for judicial diversity and its
emergence through tackling sex-based disqualifications and discriminatory
barriers. The purpose is to provide an overview of the traditional process of judicial
appointments and the Lord Chancellor ’s role. The chapter will examine the
criticisms of the former exclusive system and how the judiciary has evolved through
legislative reforms including the Sex Disqualification (Removal) Act 1919, that
symbolised progress towards gender diversity within the legal profession and the
Race Relations Acts
3
that provided protection against discrimination. Whilst
attempted in increasing public trust through greater transparency and diversity; and
the Crime and Courts Act 2013 which introduced diversity considerations.
This allows for a deeper and comparative analysis into current barriers
preventing judicial diversity and a deeper evaluation of the extent to which the goal
of diversity is being achieved today. Whilst, setting the foundation for looking
deeper at the importance of public trust for judicial legitimacy.
1.1. Understanding judicial diversity
Historically the judiciary has been predominantly homogeneous, creating
both systematic and discriminatory barriers that restricted marginalised groups from
entering the judiciary. Pressure for reform has been a persistent argument that has
proven to be a challenge to achieve, especially with diversifying senior positions.
Judicial diversity aims to achieve equal representation for various marginalized
groups including women and ethnic minorities.
As addressed in the Feminist Judgements project, arguments for greater
judicial diversity generally include, equality, ‘the importance of all qualified
practitioners having equal opportunities for judicial appointment’
4
; representation,
‘the need for the courts fairly to reflect the broader community … to engender
community confidence and establish their democratic legitimacy’.
5
Additionally,
the benefit of demographic diversity within the judiciary is the various views and
experiences that will be brought to the role enhancing judicial decisions whilst
ensuring the judges are self-aware of potential biases. As researched by Kate
Malleson, judges have suggested that ‘diversity enhances their self-reflection and
so promotes judicial impartiality’.
6
The tackling of barriers through legislative reforms, and continuing
3
4
Rosemary Hunter, Clare McGlynn, Erika Rackley (eds), Feminist Judgments: from theory to
practice (Hart Publishing 2010) 7.
5
ibid.
6
Kate Malleson, ‘Values Diversity in the United Kingdom Supreme Court: Abandoning the “Don’t‐
Ask‐Don’t‐Tell” Policy’ (2022) 49 Journal of Law and Society 3, 13.
(2026) 16(2) S.S.L.R 84–117
89
advocacy for judicial diversity has been a theme through history. With continuous
calls for further reform, the lack of public trust became a prominent issue that
continues to threaten the judiciary’s legitimacy. As stated by Lady Chief Justice,
Baroness Carr,7 ‘we will earn and retain the confidence of the public, court-users
and legal professionals and we will promote the values which underpin our legal
system’.8
1.2 Judiciary’s History
Traditionally the process of judicial appointment was predominantly
influenced by the monarchy with political influence. The process at the time,
‘reflected the close relationship between the judiciary and the executive’,9 as,
‘Judges were often chosen by the monarch, either directly or through advisors’.10
The lack of a formalised system of appointment, meant the judges being appointed
all shared similar backgrounds, class and privilege. However, considering, ‘the
Lord Chancellor, a senior cabinet minister, played a pivotal role in judicial
appointments’,11 the lack of diversity on the bench was to be expected. With this,
there was an increasing public concern around the political influence over the
bench. Considering, a senior member of cabinet, who is ‘appointed by the monarch
on the advice of the prime minister’,12 held a crucial position to the judicial
appointment process, the concern around political bias was not surprising.
During this period, the idea of having a representative bench seemed
unlikely as women were legally restricted from entering the legal profession.
Similarly, the institutional racism and discrimination excluded individuals with an
ethnic background to be considered for judicial appointments. With the systematic
and discriminatory barriers, the selection, as critics pointed out, were ‘from a rather
narrow pool and this did nothing for the diversity of the judiciary’.13 This limited
the confidence people held in the deliverance of fair justice. Individuals who had
been historically excluded, began to campaign for equal opportunities to enter the
legal profession. Bertha Cave is an example of contesting the barriers that prevented
the desired diversity by challenging her rejection from becoming a member of the
7 Baroness Carr of Walton-on-the-Hill.
8 Baroness Carr, ‘Lady Chief Justice: Diver sity and Inclusion Statement’ (Courts and Tribunals
Judiciary, 24 September 2018)
from-lcj-judicial-diversity/> accessed 1 May 2025.
9 Advocatetanmoy Law Library, ‘Judicial Appointments in the UK: A Historical Perspective’
(Advocatetanmoy Law Library, 12 December 2024) .com/judicial-
appointments-in-the-uk-a-historical-perspective/> accessed 16 April 2025.
10 ibid.
11 ibid.
12 ibid.
13 Judicial Appointments Commission, ‘Judicial Appointments’ (Courts and Tribunals Judiciary, 28
July 2010)
appts/> accessed 18 April 2025.
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
90
Gray’s Inn.
14
Even though she was unsuccessful, Cave was an influential figure for
other underrepresented individuals in society; As supported by Judith Bourne,
‘Cave challenged the male exclusivity of the legal profession’.
15
In March 1919, the Labour Party introduced the Women’s Emancipation
Bill,
16
aiming to remove ‘certain restraints and disabilities’,
17
which were still
imposed on women. The clauses aimed to equalise opportunities and minimise
gender restrictions, including ‘to remove the disqualification of women for holding
civil and judicial appointments’.
18
The bill can be recognised as the beginning of
judicial diversity advocacy and the breaking down of systematic barriers that
prevented equal opportunities and fair representation. After the bill successfully
passed through the House of Commons, the government introduced its own separate
bill in the House of Lords.
19
Even though, the Labours bill had support through its
stages in the House of Commons, the bill was replaced by the Sex Disqualification
(Removal) Act 1919.
20
As described by Mari Takayanagi, ‘the Women’s
Emancipation Bill stood no chance against the government bill’.
21
However, in the SD(R)A 1919,
22
the first clause from the Labours bill
remained, permitting women to hold civil and judicial appointments. This was
significant as it removed the legal barrier and extended the chance for women to
enter the legal profession and the opportunity to join the judiciary. As supported by
Takayanagi the act ‘really was a significant advance on the previous situation’.
23
It
showed recognition of women’s efforts to gain equality and their vital role during a
time of international conflict. As further reinforced by Rachel Lafferty, ‘the Act
being brought forward was a turning point in history, the voices of many women
were being heard’.
24
Yet, the legislation’s effectiveness seemed limited with the slow progress in
14
Judith Bourne, ‘Bertha Cave’ (Inner Temple, 5 December 2019)
22 April 2025.
15
ibid.
16
Mari Takayanagi, ‘Sacred Year or Broken Reed? The Sex Disqualification (Removal) Act 1919’
(2020) 29 Women’s History Review 565.
17
HC Deb 4 April 1919, vol 114, cols 1561–627.
18
Takayanagi (n 16).
19
ibid.
20
21
Takayanagi (n 16).
22
23
Takayanagi (n 16) 575.
24
Rachel Lafferty, ‘Women Working in the Judiciary System’ (The Open University Law School,
28 July 2023) accessed 21
April 2025.
(2026) 16(2) S.S.L.R 84–117
91
diversifying the judiciary. As stated by John Tribe, ‘1956 is significant as this is the
year in which we had the first ever female judicial appointment’.
25
During this year,
Dame Rose Heilbron was appointed as the Recorder of Burnley. Yet, it took decades
for further progress after the passing of th e SD(R)A 1919
26
, especially with entry
into senior judicial positions. It was not until 1965 when Elizabeth Lane, was the
first woman to be appointed a judge of the High Court.
27
This highlight’s the poor
enforcement of the act and judicial resistance in appointing women for senior roles.
As Takayanagi argues, ‘It removed barriers rather than actively giving women
rights’.
28
With women like Heilbron
29
and Lane
30
and their successes into the
judiciary highlighting the legislation’s progress, the reality remained that most
women still found it a challenge entering and progressing within the legal
profession.
Judith Bourne goes further to claim that the SD(R)A 1919
31
, ‘did not remove
barriers to the practice of law or end inequality’.
32
The legislation did not consider
other vulnerable societal groups like the working class or ethnic minorities,
resulting in discriminatory barriers remaining and the goal of diversity remaining
limited. Yet, individuals like Eric Irons challenged the racial injustice and became
an influential figure when he became the first Black Justice of the Peace in 1962.
33
Irons highlighted the importance of improving race relations, which had
significance post-World War 2, with the influx of immigration, and England’s
persisting issue of racial hostility. As supported by Sandy Dutczak, Iron, ‘had a
significant impact on the integration of Nottingham’s ethnic minority population
within British society’.
34
Additionally, the Race Relations Act 1965, was significant
in providing protection against discrimination. The act, ‘prohibited discrimination
on grounds of race in public places and established the Race Relations Board’.
35
25
John Tribe, ‘Dame Rose Heilbron’ (University of Liverpool)
luminaries/rose-heilbron/#_edn8> accessed 23 April 2025.
26
27
Hollie Fletcher, ‘Elizabeth Lane DBE’ (First 100 Years, 13 June 2018)
28
Takayanagi (n 16) 575.
29
Dame Rose Heilbron.
30
Elizabeth Lane.
31
32
Judith Bourne, ‘Great Expectations and Hard Times: The Advent of the Sex Disqualification
(Removal) Act 1919 and Women’s Entry to the Legal Profession’ (2022) 32 Women’s History Review
793, 804.
33
Sandy Dutczak, ‘Eric Irons OBE – UK’s First Black Magistrate’ (Institute of Advanced Legal
Studies, 20 October 2021) obe -uks-
first-black-magistrate> accessed 24 April 2025.
34
ibid.
35
Jennifer Brown, ‘An early history of British race relations legislation’ (Briefing Paper No 8360,
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
92
However, individuals found fault with the lack of extension to cover area’s
including employment and housing, as Jennifer Brown supports, ‘the Act was
criticised for the limited protection from discrimination it provided’.
36
Nevertheless, the legislation played a pivotal role in influencing the passing two
further Race Relations Acts
37
in 1968 and 1976, which increased the level of
protection against discrimination.
Yet ethnic minorities confidence in public services remained minimal and
their trust in judiciary to provide fair justice was scarce. The case involving the
death of David Oluwale
38
in 1969, displayed the continued issue of police
misconduct and racial prejudice within the legal system. During the trial there was,
as described by Harmit Athwal, ‘no effort to humanise David’.
39
In addition to this,
the judge’s remarks demonstrated clear racial bias and prejudicial attitudes with
comments, recited from Aspden, describing Oluwale as ‘a dirty, filthy, violent
vagrant’, ‘menace to society,’ and, ‘a frightening apparition to come across at
night’.
40
Despite the fact that that other police officers spoke positively of Oluwale,
and, throughout the police inquiry and the trial evidence of abuse was revealed, the
manslaughter charges were dropped and the defendants were only found guilty of
two assaults on Oluwale.
41
The case exposed the institutional racism and
discriminatory attitudes through the judge’s comments through the trial. This led to
questioning the judiciary’s ability to deliver impartial and fair judgements. Which
contributed to a decrease in the public’s confidence and trust in the legal system and
brought attention to the need for judicial diversity, not only to provide equal
representation but to bring a broader understanding to the experiences from
marginalised groups within our society. As Max Farrer quoted, ‘I’m sure David’s
death and the trial had some impact not just on black people and white radicals, but
on the city as a whole’.
42
Despite, the passing of multiple Race Relations Acts,
43
continued
House of Common s Library 2018) < https://researchbriefings.files.parliament.uk/documents/CBP-
8360/CBP-8360.pdf> accessed 25 April 2025.
36
ibid.
37
38
R v Ellerker and Kitching (Leeds Assizes, 1971).
39
Har mit Athwal, ‘The Hounding of David Oluwale’ ( Institute of Race Relations, 3 May 2007)
40
Leeds Beckett University, ‘1971 - An Unfair Trial’ (Leed s Beckett University)
oluwale/1971-an-unfair-trial/> accessed 24 April 2025.
41
ibid.
42
Jon Robins, ‘Memorial to Be Unveiled for David Oluwale “Hounded” to Death by Racist Police’
(The Justice Gap, 25 April 2022)
2025.
43
(2026) 16(2) S.S.L.R 84–117
93
advocation for diversity within the legal system, and cases displaying the
perpetuation of racial bias influencing judicial decisions. There was a continued
struggle in diversifying the entry into senior judicial positions, as it was not until
1979 when Sir Mota Singh QC became a part-time recorder and further elevated to
a full-time circuit judge in 1982.
44
A common theme that highlighted itself through
history is the slow progress of appointing both women and ethnic minorities into
senior roles. With this, substantive change for women with an ethnic background
did not occur until October 2004 where, ‘Dame Linda Dobbs DBE became the first
non-white high court judge in the UK, having been appointed a Deputy High Court
Judge in 2003’.
45
With the vital role judges hold with the deliverance of justice and the slow
progress of judicial diversity, the calls for reform became stronger. As expressed by
Kate Malleson, during the 1990’s ‘Senior judges themselves were by then openly
acknowledging that the perception of the judiciary as old, white, upper-class male
and out of touch undermined public confidence in the courts’.
46
The lack of
transparency within the judicial appointment process and visibly seeing a
homogeneous bench deterred applicants from underrepresented groups. As
supported by academics; Hunter, McGlynn and Rackley
47
in the Feminist
judgement projects, ‘under the old system, judges were chosen by means of
consultations among the senior judiciary, a sure-fire way of reproducing the
judiciary’s traditional class, gender and ethnic profile year after year’.
48
With the
role of the chancellor still being significant, there was an increasing concern over
the perception of bias on appointment with a priority being on an individual’s
political status rather than merit. It was considered ‘that judges were appointed in
the image of existing judges’.
49
In response to these growing concerns, judicial
diversity became a priority, leading to the enactment of the Constitutional Reform
Act 2005.
This piece of legislation was a major turning point for the judiciary, with the
fact that it made changes to the constitutional framework. It not only enshrined
judicial independence within the law, but it created an independent Judicial
44
Thomas Connelly, ‘UK’s First Ethnic Minority Judge Dies Aged 86’ (Legal Cheek, 14 November
2016)
accessed 25 April 2025.
45
Bonavero Institute of Human Rights, ‘Dame Linda Dobbs’ (Faculty of Law, University of Oxford)
46
Kate Malleson, ‘Diversity in the Judiciary: The Case for Positive Action’ (2009) 36 Journal of
Law and Society 376, 378.
47
Rosemary Hunter, Clare McGlynn, Erika Rackley.
48
Hunter, McGlynn and Rackley (n 4) 7.
49
Judicial Appointments Commission (n 13).
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
94
Appointments Commission to select candidates with merit as the sole criterion.
50
Many argue the legislation was pivotal in achieving a more independent judiciary,
which not only strengthens the rule of law but also prevents abuse of power and
minimises the perception of political bias. In a summary of Robert Hazell’s written
evidence on whether the 2005 reforms were successful, he concluded that ‘judicial
independence is stronger’.
51
With the act’s establishment of the Supreme Court, it
not only represented the separation of powers but a reformed and transparent
judiciary that is not a victim of political bias. However, the focus was heavily
criticised with how a clear balance of independence and judicial responsibility was
not established. As challenged by Erin Delaney, ‘the CRA privileged independence
in a context of constitutional uncertainty’.
52
Further issues arose after the enactment of the CRA 2005
53
, with the focus
on prioritizing the judiciary gaining autonomy and separating from Parliament, it
failed in effectively implementing and achieving judicial diversity. Similarly to
previous statues like the SD(R)A 1919
54
, the CRA
55
relied on the assumption that
by making the appointments process fair, it would ‘only be a matter of time before
[they] ‘trickle-up’ into the judiciary’.
56
Academics like Delaney claim that the 2005
reforms were unsuccessful in the goal of diversity, but set a foundation for further
reforms, as she states ‘the clear failure of the CRA to result in meaningful changes
in the make-up of the judiciary allowed for a measure of consensus to develop
around a new approach’.
57
As emphasised by Lord Crickhowell ‘The real danger is the gulf between
the view of the general public and the judiciary’.
58
He further identified the
relationship between the lack of diversity and undermining public confidence,
which threatened the judiciary’s legitimacy. To amend the limited success of the
50
Courts and Tribunals Judiciary, ‘Constitutional Reform’ (Courts and Tribunals Judiciary, 19
February 2010)
reform/> accessed 26 April 2025.
51
Independence: Politicians and Parliament Must Continue to Support It’ (The Constitution Unit Blog,
27 April 2022) act-2005-led-
to-greater-judicial-independence-politicians-and-parliament-must-continue- to-support-it/>
accessed 27 April 2025.
52
Erin Delaney, ‘Searching fo r Constitutional Meaning in Institutional Design: The Debate over
Judicial Appointments in the United Kingdom’ (2016) 14 International Journa l of Constitutional
Law 752, 756.
53
54
Sex Disqualification (Removal) Act 2005.
55
56
Delaney (n 52) 762.
57
ibid.
58
ibid 761.
(2026) 16(2) S.S.L.R 84–117
95
CRA 2005
59
and reaffirm the public’s trust within the judiciary, the Crime and
Courts Act 2013 was introduced. Part two of Schedule 13
60
of the statute amended
Section 63
61
of the CRA 2005
62
, by clarifying that ‘diversity considerations where
candidates for judicial office are of equal merit’
63
is permitted. This amendment
was vital with shifting from a strict merit-based criteria to recognising the
importance of achieving judicial diversity.
However, the fight for a representative bench is far from over and the
historical challenges like diversifying senior judicial positions remains. Whilst legal
and systematic barriers have been broken down through the enactment of
legislations, the continued lack of diversity and the slow pace of progress, it could
be suggested that many barriers remain. As supported by Graham Gee and Kate
Malleson, ‘change has been slower than expected, and improvements have largely
been concentrated in the lower ranks, and particularly in non-legal tribunal
appointments, with the upper ranks of the judiciary remaining substantially
untouched’.
64
Conclusion
This chapter has depicted the aims and arguments for judicial diversity,
whilst briefly discussing its importance for judicial legitimacy. By exploring the
traditional process of judicial appointment, and the Lord Chancellors pivotal role, I
analysed the criticisms of the judiciary’s lack of representation and systematic and
discriminatory barriers preventing equality on the bench. From Bertha Cave
challenging the male exclusivity in the legal profession to the Labour party
introducing the Women’s Emancipation Bill, advocacy for removing those
restrictive barriers began. We further analysed the Sex Disqualification (Removal)
Act 1919, which was significant for tackling gender discrimination, its slow success
and lack of consideration for other marginalised groups, called to question the act’s
failure in enforcement. By further looking into the Oluwale case, this exposed racial
bias and prejudice views within the legal system, which ultimately caused a decline
in both trust and confidence that fair justice was being given. This chapter further
demonstrated the continuous challenge of achieving judicial diversity within senior
positions, for both women and ethnic minorities visible, especially in higher courts.
With this and the continued criticism of lack of transparency, the Constitutional
Reform Act 2005 was introduced resulting in a systematic reform and a heavier
59
60
Crime and Courts Act 2013, sch 13 pt 2.
61
62
63
Crime and Courts Act 2013, sch 13.
64
Graham Gee and Kate Malleson, ‘Judicial Appointments, Diversity and the Equal Merit Provision’
(UK Constitutional Law Association, 6 May 2014)
diversity-and-the-equal-merit-provision/> accessed 27 April 2025.
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
96
focus on achieving judicial diversity. Nevertheless, the progress made so far has
laid a foundation for further legislations, like the Crime and Courts Act 2013, to
better achieve judicial diversity.
(2026) 16(2) S.S.L.R 84–117
97
2. The importance of public trust and the impact of lack of diversity on the
perception of bias
This chapter focuses on why public trust is fundamental to the judiciary’s
legitimacy. Whilst, exploring the impact of the lack of diversity including, racial
bias, gender bias its wider impact on reinforcing stereotypes and the legal
profession. Then looking at the impact of diversity on enhancing the legitimacy of
judicial decisions which would result in increasing public confidence. This chapter
is crucial in determining why public trust is important in the legitimacy of the
judiciary and will set a foundation for the impacts of an underrepresented bench
and the democratic need for reform to uphold the rule of law.
2.1. Public trust in the judiciary: Foundation for legitimacy
In upholding the Rule of Law, it is crucial that the core values;
independence, impartiality and integrity are consistently adhered to, not only to
guarantee a fair trial but to ensure the public have both trust and confidence in our
legal system. With the judiciary possessing the power of statutory and common law
interpretation, there should be a solid foundation of public trust that the justice
system produces unprejudiced and unbiased results, which is fundamental for
judicial legitimacy. As stated by Alexander Nunn, ‘Given that legitimacy is the
lifeblood of the judicial branch, maintaining public respect for the judiciary as an
institution driven by legal principles is a structural imperative’.
65
However, as
referenced by academics Anne Wallace and Jane Goodman-Delahunty, ‘declining
trust in public institutions, including courts, has been a feature of democratic
societies for some time’.
66
In a survey by YouGov, they found 38% of all adults had a fair amount of
confidence in the judiciary system.
67
In their annual survey’s on trust in the
judiciary, YouGov have repeatedly reported the differential levels of trust in judges,
from men having more confidence than women to white people trusting the system
more than individuals with an ethnic background.
68
We can clearly identify that the
level of trust is varying which can have a negative impact through creating social
division and disparity which ultimately weaken the judiciary.
As stated by Amany Jabir, ‘a representative bench is one that reflects the
population it serves in order to understand the lives of the people it hears and the
65
G Alexander Nunn, ‘Introduction: Perceived Legitimacy and the State Judiciary’ (2017) 70
Vanderbilt Law Review 1813, 1814.
66
Anne Wallace and Jane Goodman-Delahunty, ‘Measuring Trust and Confidence in Courts’ (2021)
12(3) International Journal for Court Administration 2.
67
YouGov, ‘Confidence in the British Judicial System’ (YouGov)
11 February 2025.
68
ibid.
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
98
lives upon which it rules’.
69
However, as of April 1st, 2024, women make up 43%
of all judges,
70
where the representation of ethnic minorities gradually increased to
11%.
71
With diversity significantly lower within senior judicial positions,
particularly from and above the High Court. Whilst the gender gap has shown to be
closing, representation for the ethnic minority remains significantly lower. In the
High Court, women represent 31% of high court judges, compared to ethnic
minorities accounting for 8%.
72
In the Court of Appeal, women make up 25%, while
ethnic minorities only represent 3%.
73
The unrepresentative judiciary is undermining the public’s trust, which as
established is a critical factor in the legitimacy of the legal system. Without judicial
diversity, this can have long-term consequences for the public’s belief in its fairness.
The current disparity in public trust in the judiciary suggests that parts of society
still feel marginalised. The implication of underrepresentation is increasing the
public’s perception of bias within the judiciary, undermining the moral legitimacy
of our legal system and further removing confidence in achieving judicial diversity.
2.2. Impact of lack of diversity – perception of bias wider impacts
2.2.1. Racial bias
The failure to recognise the lack of confidence from individuals from
marginalised social groups has contributed to an increase in the perceptions of bias
and discrimination in legal decisions, impacting the judiciary’s ability in
maintaining public trust. Institutional racism has been under spotlight in the recent
years, with an increase of advocacy and demand for this significant injustice to be
recognised. A judge that acts in a prejudicial way against ethnic minorities that have
been historically underrepresented, undermines the Rule of Law that governs our
legal system and significantly impacts the idea of fair and equal justice. Current
cases and reports have emerged, highlighting the continuing issue of racial bias and
the impact it has for the public’s trust in our legal system.
Keir Monteith and Eithne Quinn along with university researchers surveyed
legal professionals in May 2022 with the aim to investigate racism in the English
and Welsh judiciary. They reported ‘55.6% of legal professionals say they have
69
Amany Jabir, ‘Does Judicial Diversity Matter?’ (Young Legal Aid Lawyers, 12 October 2020)
70
Ministry of Justice, Diversity of the Judiciary: Legal Professions, New Appointments and Current
Post-Holders - 2024 Statistics (GOV.UK, 11 July 2024)
the-judiciary-legal-professions-new-appointments-and-current-post-ho lders-2024-statistics#main-
points> accessed 31 March 2025.
71
ibid.
72
ibid.
73
ibid.
(2026) 16(2) S.S.L.R 84–117
99
witnessed one or more judges act with racial bias in their treatment of defendants’.
74
With the judiciary having power to make life-changing judgements over
defendant’s, it’s vital that when determining a sentence an individual is not
prosecuted because of the colour of their skin and made to feel lesser than white
defendants. In the report of the above investigation, someone quoted, ‘I have
witnessed first-hand sentencing disparity between black and white defendants. The
black defendant with the least serious offence received an immediate custodial
sentence whilst the white defendant received a fine’.
75
The imbalance of sentencing
has not just highlighted judicial discrimination but illustrates the preferential
treatment for white defendants. Not only is the persistent issue of racial bias
breaking down the foundational principles of democratic legality but for some it’s
making the institution that is there to provide justice a system to fear.
However, several respondents in the survey rejected the possibility of racial
bias with one stating ‘judges are by definition in our jurisdiction impartial, and of
course colour blind’.
76
Respectively judges ‘by definition’ are impartial and the
individual’s ethnicity does not affect a judge’s view, but it does. As declared by
Amany Jabir, ‘the odds of a prison sentence for BAME individuals are 240% higher
than for their white counterparts’.
77
With statistics illustrating that racial bias in the
judicial system remains a current issue, can we confidently say that every defendant
brought into court has entered with the right to a fair trial and judged fairly and
equally.
2.2.2. Gender bias
The lack of judicial diversity not only compromises the legitimacy of our
legal system through the evidence of racial bias and discrimination but also the
disparity in treatment for women and apparent gender bias in the judiciary. The
consequences of this can impact someone receiving justice, like a women may not
be believed in a sexual assault case because the judge may unconsciously or
consciously hold prejudices views on how a women should carry themselves and
behave. On the other hand, gender bias can also extend to impact males in areas
like family law, where historically the state has favoured women in custody
disputes, potentially dismissing the father’s role.
An ongoing feminist concern is around the judiciary’s failure in providing
consistent justice for domestic abuse victims. As supported by the feminist
judgement projects,
78
‘judicial responses to domestic violence have to date failed
to recognise consistently the seriousness and systematic nature of men’s violence
74
Keir Monteith, Eithne Quinn and o thers, ‘Racial Bias and the Bench : A Response to the Judicial
Diversity and Inclusion Strategy (2020–25)’ (University of Manchester 2022) 14.
75
ibid.
76
ibid 12.
77
Jabir (n 69).
78
Edited by: Rosemary Hunter, Clare McGlynn and Erika Rackley.
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
100
against women’.
79
In R v Dhaliwal,
80
the judge illustrated the failure to understand
and acknowledge the psychological effects of domestic abuse which contributed to
the defendant’s wife committing suicide. The views expressed by Judge Roberts
can be argued that they not only highlighted gender bias but also the failure of the
male judge to fully understand the psychological damage caused by domestic abuse.
Sadly, this is one woman in millions, and with the lack of consistent
retribution for victims of domestic violence, public trust is declining. The crime
survey for England and Wales estimated that ‘2.3 million people aged 16 years and
over… experienced domestic abuse in the year ending March 2024’.
81
Yet, there
were only 51,183
82
domestic abuse-related prosecutions in England and Wales, less
than the previous year prosecution rate. With the fact that domestic abuse is a
current rising issue, the public are left to ask how are the prosecution rates
dropping?
2.2.3. Perception of Bias wider impacts
As stated by Professor Eithne Quinn, ‘Our judiciary as an institution is just
as racist as our police forces, our education system and our health service - this is
something that cannot be ignored for any longer’.
83
The English legal system is
defined to be impartial and fair, however if discrimination remains a factor in
decision making, its legitimacy will continue to erode. The perception of bias has
wider societal impacts with how it reinforces stereotypes into society and alienating
underrepresented communities, through the reinforcement of prejudices views. This
undermines the public’s trust with being treated equally and creates long-lasting
systematic inequalities by making it harder for certain groups to receive justice.
Institutional racism and discrimination question the fairness of the judiciary,
negatively impacting the legal system as a whole and presents the system as
disconnected from the diverse needs of society. As further support by Amany Jabir,
‘the lack of judicial diversity affects the credibility of our justice system which leads
to a trust deficit between all citizens and the State’.
84
Additionally, the lack of diversity and perceptions of bias directly affects
legal practitioners, suggesting that not only is trust and confidence broken from the
public at large but damaged on the inside to. Alexandra Wilson, a barrister, was
repeatedly mistaken for a defendant solely because of the colour of her skin. Despite
Wilson’s legal profession, the multiple prejudicial assumptions exemplify the
79
Hunter, McGlynn and Rackley (n 4) 19.
80
81
ONS Centre for Crime and Justice, Domestic Abuse in Engla nd and Wales Overview (Office for
National Statistics, 2024)
englandandwalesoverview/november2024> accessed 13 February 2025.
82
83
Monteith and others (n 74).
84
Jabir (n 69).
(2026) 16(2) S.S.L.R 84–117
101
persistence of racial stereotypes within the legal system. As brought forward by
Simon Davis,
85
‘This type of prejudice highlights the need for us all to reflect on
the actions we can take to tackle discrimination’.
86
Peter Herbert, accused high
profile figures of ‘racism, bullying and victimisation’.
87
Herbert was sceptical about
the case success, powerfully stating, ‘I’m accusing judges of racism and I’m going
before a white man. It’s hard to go up against the Establishment’.
88
Institutional
racism continues to exist in the Judicial System and remains discriminating against
not only minorities in public but those in the legal profession. ‘If the Judiciary
cannot treat their own colleagues fairly what hope is there for our community?’
89
A survey out of 700 women in the legal professions highlighted gender
discrimination and found that ‘58% had experienced or witnessed sexism first
hand’.
90
The respondents also expressed the challenges of progressing in a career
that is not only dominated by men but also the difficulty in balancing personal life
and work life, with ‘39% said their working hours were not compatible with family
life’.
91
And as further supported by the Law Society’s report on the need for gender
equality in the legal profession, ‘Unconscious bias, issues with remuneration and
gender pay gap, and limited flexible working have been identified as the main
obstacles preventing women from progressing in their careers’.
92
The historic
barriers that women worked relentlessly to overturn remain and continue to impact
women progressing in a career of law.
Fundamentally, with the process of becoming a judge requiring at least five
to seven years post-qualification experience in a legal profession and a struggle for
marginalized minorities to progress as a legal professional, which we have a deeper
85
Former President of the Law Society.
86
Monidipa Fouzder, ‘Investigation Launched after Black Bar rister Mistaken for Defendant’ Law
Gazette (24 September 2020)
black-barrister-mistaken-for-defendant/5105752.article> accessed 13 February 2025.
87
Izin Akhabau, ‘Peter Herbert: A Black Ju dge Said Racism Existed in the Judiciary, and Was
Almost Dismissed - His Legal Battle ag ainst ‘Racism and Bullying’ in Judicial Institutions
Continues’ (The Voice, 13 January 2021) .voice-online.co.uk/news/2021/01/13/peter-
herbert-a-black-judge-said-racism-existed-in-the-judiciary-and-was-almost- dismissed-his-legal-
battle-against-racism-and-bullying-in-judicial-institutions-continues/> accessed 14 February 2025.
88
ibid.
89
ibid.
90
Thomas Connelly, ‘Over Half of Female Lawyers Have Experienced or Witnessed Sexism at
Work’ (Legal Cheek, 18 February 2020) of-
female-lawyers-have-experienced-or-witnessed-sexism-at-work/> accessed 13 February 2025.
91
ibid.
92
Christina Blacklaws, ‘Influencing for Impact: The Need for Gender Equality in the Legal
Profession’ (The Law Society, March 2019)
_the_need_for_gender_equaluty_in_the_legal_profession_-
_women_in_leadership_in_law_report.pdf> accessed 13 February 2025.
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
102
analytical look in the following chapter; And with the unpromising homogeneous
judiciary, vulnerable individuals with an ethnic background and women are being
deterred from participating in the justice system. Resulting in undermining the
integrity and effectiveness of the legal system, whilst also making individuals feel
discouraged from entering the judicial system. As further supported by Amany
Jabir, ‘negatively affecting the administration of justice’,
93
causing a further decline
in public trust and confidence.
2.3. Role of diversity
With a diverse judiciary, we can enhance the legitimacy of decision-making,
increase public trust and reestablish confidence. Additionally, individuals will bring
differing life experiences when determining the outcome for a case. In cases of
domestic abuse, a female judge may have a better understanding of all the effects
from physical to psychological and can ensure that effective justice is brought for
the victim. As reflected by Isha Amir, ‘this diversity enriches the discourse and
leads to more well-rounded judgements’.
94
This expansion of diverse perspectives
also can assist solidifying the democratic legitimacy of the judicial system, as stated
by Rosemary Hunter, with the same argument being applied to representation for
ethnic minorities, ‘a bench including women is more representative of the wider
society which it serves than a bench with no women’.
95
Diverse judicial panels can assist the legal system in more inclusive, fairer
and equitable legal decisions, by reducing unconscious bias. With a diverse
judiciary that reflects the population in terms of gender and ethnicity, there will be
a broader understanding being considered resulting in balanced and fair decisions.
In an article on unconscious bias the authors support that bias can be ‘mitigated as
part of a multidisciplinary approach to diversity and inclusion’.
96
With dedication
to reforming the current lack of judicial representation, the perception of bias,
which significantly decreases the public’s trust and confidence in our legal system,
we can remove the use of racial and gender bias, upholding moral legitimacy.
As further reported by Rosemary Hunter, ‘the presence of women judges
signals equality of opportunity for women in the legal profession who aspire to
judicial office’.
97
With the increasing judicial diversity, it will encourage individuals
who have been historically excluded from the judiciary to entering the profession,
thus eliminating the racial and gender imbalance that is a current and significant
93
Jabir (n 69).
94
Isha Amir, ‘Diversity on the Bench: The Importance of Representation in the Judiciary’ ( The
Student Lawyer, 21 February 2024) on -the-
bench-the-importance-of-representation-in-the-judiciary/> accessed 14 Feb ruary 2025.
95
Rosemary Hunter, ‘More than Just a Different Face? Judicial Diversity and Decision-Making’
(2015) 68 Current Legal Problems 119, 123.
96
Ginevra Bicciolo, Hana Tawfik and Lianne Craig, ‘Unconscious Bias: Uncovering the Root Cause
of Gender Disparity in the Legal Profession’ (2018) Hausfeld & Co LLP 3.
97
Hunter (n 95) 123.
(2026) 16(2) S.S.L.R 84–117
103
injustice. And as confirmed by Isha Amir, ‘This representation nurtures a feeling of
inclusivity and validation’,
98
which is what a system of justice should symbolise.
Conclusion
This chapter has shown the importance of public trust in the judiciary for
the rule of law and the perception of legitimacy, yet surveys including YouGov have
reported varying levels of trust; The impact of a lack of diversity on the perception
of bias and how this has wider impacts on reinforcing stereotypes and the legal
profession itself. This chapter finally highlighted the benefits of judicial diversity
for legitimacy, encouragement and increasing the public’s trust. It’s clear that a
representative bench is not only democratically fundamental but also crucial for the
public’s perception, yet despite systematic reform, barriers to judicial diversity
remain.
98
Amir (n 94).
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
104
3. Barriers to judicial diversity
This chapter will examine the barriers that exist before and during judicial
application. The chapter will begin identifying the socio-economic and educational
barriers including the high education costs, favouring higher-ranked universities
and unequal support, that apply prior to application. Then evaluating the structural
and cultural barriers including the lack of representation and career progression
within the law profession, whilst exploring the notion of homophily. The chapter
will then further look at the structural barriers apparent during the application
process including the preference for barristers over solicitors and the unclarity
around the concept of merit leaving it open to subjective interpretations. Lastly,
turning attention to the clear disparity between white and ethnic minority
individuals in application progression highlighting the bias and inequality present
during the process. By focusing on the barriers to judicial diversity, this allows for
a deeper evaluation on whether the current reforms in place are effectively tackling
the inequalities, and a comparative analysis of historical barriers of exclusion.
3.1. Pre application barriers
3.1.1. Socio-economic and educational barriers
Depending on the type of judge an individual wants to be, you must have
worked as a legal professional for between 5 and 7 years.
99
Yet, in order to become
a legal professional, there are requirements and qualifications needed, it was
estimated that the average cost of obtaining a degree in the UK, including tuition
and cost of living, is about £68,349.
100
Following this, in order to qualify there are
various requirements, including passing qualifying exams, that require preparation
courses, legal training and qualifying work experience, all that additionally cost an
extensive amount of money. For individuals with low-income backgrounds the high
cost of education and unpaid work experience can make the entry into the law
profession extremely difficult, if not impossible. As supported by Michael Johnson
Jr, ‘the cost of legal education in the UK is also a significant barrier to entry, with
many students facing significant debt upon graduation’.
101
With access to becoming
a legal professional expensive and continuing to rise, less individuals are pursuing
a career, resulting in fewer applicants for judicial appointment.
Not only do the high education costs reinforce the historical perception of
exclusivity of the legal profession, but the favouring of individuals that have
attended high-ranking universities further highlights the preference for privilege.
99
National Careers Service, ‘Judge’ (National Careers Service)
100
Tom Allingham and Hannah Williams, ‘How Much Does University Cost?’ (Save the Student, 24
April 2025) accessed
5 May 2025.
101
Michael Johnson Jr, ‘Elitism in the Legal World: A Comparison between the U.K. and U.S.A’
(2023) ScholarWorks@Arcadia 16.
(2026) 16(2) S.S.L.R 84–117
105
As supported by Johnson,
102
‘graduates of the most prestigious universities still
dominate the top law firms in the UK’.
103
The Ministry of Justice commissioned
the National Centre for Social Research (NatCen) to compile and appraise evidence
about judicial diversity and its barriers of achievement.
104
Their evidence supported
this claim of the legal sector favouring those who have attended ‘top’ universities.
105
This preference not only disadvantages and discourages individuals but also a
considerable number of potential applicants for judicial appointment are being
dismissed and looked over from the beginning of their legal career. As NatCen’s
evidence indicated, this preference can, ‘disadvantage individuals from lower
socio-economic backgrounds and black, Asian and minority ethnic individuals who
are more likely to attend ‘newer’ universities with less prestigious reputations’.
106
The preference for ‘high-ranked’ universities can result in many law firms
neglecting to engage with ‘lower-ranked’ universities and many law prospects
missing the opportunity to network and build connections. In a critique of The
Fairness Project, this notion of unequal opportunities was evidenced through how
one of the participants from the focus group, ‘explained her frustrations with the
barriers that she faced in securing a training contract due to her socio -economic
background, gender and ethnicity’.
107
With socio-economic and educational
barriers like the high costs, favouring elite universities and unequal support, the
opportunity for achieving diversity will remain limited.
3.1.2. Structural and cultural barriers
Although the increase of diversity on the bench is a significant advancement
from past judicial representation, it still does not reflect society. Not only does this
cause a decline in public confidence but can create a sense of exclusion that
discourages and deters individuals from entering judicial roles. As concluded by the
National Centre for Social Research, it was suggested that ‘the lack of female judges
may create an image that the judiciary is an unwelcoming working environment for
women and further eligible female lawyers from applying for a judicial role’.
108
With the even less representation for ethnic minorities and the lack of visible role
models, this provides a barrier to judicial diversity by further discouraging
marginalised individuals. As previously supported by Amany Jabir, ‘the lack of
diversity among our judiciary deters individuals from under-represented groups
102
Micheal Johnson Jr.
103
Johnson Jr (n 101).
104
Jennifer Barton-Crosby and others, ‘Judicial Diversity: Barriers and Initiatives’ (National Centre
for Social Research, February 2023) 6.
105
ibid 74.
106
Barton-Crosby and others (n 104) 74.
107
Tina McKee and others, ‘The Fairness Project: The Role of Legal Educators as Catalysts for
Change. Engaging in Difficult Dialogues on the Impact of Diver sity Barriers to Entry and
Progression in the Legal Profession’ (2020) 55 The Law Teacher 305.
108
Barton-Crosby and others (n 104) 75.
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
106
from participating in the justice system’.
109
Historically the judiciary has shared
similar characteristics which led to a negative public perception being reflected,
without visibly seeing change and equal representation, the negative perception is
repeatedly reinforced.
The number of women lawyers has now exceeded that of men, with an
additional increase in the proportion of lawyers with an ethnic background.
110
However, the lack of diversity within senior positions remains limited and
marginalised groups continue to be underrepresented. From this, we can see the
reoccurring historical challenge of a barrier preventing career progression for both
women and ethnic minorities. As supported by a report presenting the findings from
SQW’s research, they found that ‘white men dominate barristers and solicitors
senior ranks’.
111
If underrepresented individuals face barriers that restrict career
progression, this can result in lack of confidence on pursuing a career within the
judiciary.
The barrier to career progression can be argued that the lack of flexibility
and the profession’s large demand, deters individuals, particularly women, from
applying to senior positions or pursuing a career as a barrister or within the
judiciary. As supported by NatCen’s evidence, ‘the culture of long hours, the
expectation of ‘24/7’ availability, and the lack of flexible working were identified
as barriers to both the retention of women in the sector and their career
progression’.
112
The intensity of a legal profession can be difficult for individuals,
especially women returning from maternity leave with caring responsibilities to
meet the professions demands. This not only deters individuals from applying for a
senior role, but it can also cause unequal barriers of gaining the necessary years of
experience to hold a judicial appointment, which may result in indirect
discrimination. As further supported by NatCen, ‘diversity appears to be
concentrated in less senior positions and within less ‘prestigious’ and less
financially lucrative areas of practice’.
113
The challenge of achieving diversity
within senior positions has been a prominent theme through history and contributes
to strengthening the perception of an elitist culture and creates a barrier for those
who do not ‘fit’ the physical stereotype, especially within senior positions.
The notion of homophily, ‘the tendency for people to associate and interact
with people who share similar characteristics to themselves’,
114
might suggest a
reason for the challenge in diversifying senior positions. With majority of senior
109
Jabir (n 69).
110
Solicitors Reg ulation Authority, ‘Diversity in Law Firms’ Workforce’ (Solicitors Regulation
Authority, 3 January 2025)
profession/diverse-legal-profession/> accessed 5 May 2025.
111
SQW, ‘Profiling the Diversity of the Judicial Talent Pipeline’ (Legal Services Board 2024) 33.
112
Barton-Crosby and others (n 104) 75.
113
ibid 7.
114
ibid 26.
(2026) 16(2) S.S.L.R 84–117
107
roles being dominated by white, privileged males, there is going to be a preference
to those who share the similarities. As supported by NatCen, ‘the notion of
homophily may provide an explanation for how and why the (belief of the) elitist
culture of the legal professions can present a barrier to career progression for
individuals from less privileged backgrounds’.
115
In turn, if we apply this notion
and the preference of ‘high-ranked’ universities as evidenced above by Johnson and
NatCen, it can further explain the barrier for marginalised groups around receiving
mentoring, support and limits confidence for progressing into a career within the
judiciary, limiting the pool of applicants.
3.2. Post application Barriers
3.2.1. Structural barriers
Through the application process, structural barriers can be identified to
explain the limitation in achieving judicial diversity. According to the 2024
statistics, the female population represent 40% of barristers and 53% of solicitors
whereas the representation of ethnic minorities accounts for 17% of barristers and
19% of solicitors.
116
Marginalised groups are less represented among barristers, yet
there is a preference for that particular profession, with a disparity identified in the
recommendation rate.
117
As evidenced in a report by the SQW, ‘Solicitors are 46%
less likely to be recommended from application in comparison to barristers’.
118
The
inequality in recommendations for different legal professions, and an identified
preference for barristers who have less diversity, has consequences for the ability
of achieving judicial diversity considering it further restricts the pool of applicants.
As supported by the JAC’s
119
judicial selection exercises, ‘we can be confident that
a disparity of practical significance exists between solicitors and barristers’.
120
This
not only further reinforces the perception a professional hierarchy within the legal
sector, with the favouring of barristers, but its undermines the experiences and skills
a solicitor can bring to the judiciary, with additionally discouraging other legal
professionals from progressing their career to within the judiciary.
applying for judicial appointments was based on merit, with further incorporating
the equal merit principle to encourage achieving diversity. The ideology of the
principle of merit holds hope for underrepresented individuals with limiting other
115
Barton-Crosby and others (n 104) 26.
116
Ministry of Justice, Diversity of the Judiciary: Legal Professions, New Appointments and Current
Post-Holders - 2024 Statistics (11 July 2024)
of-the-judiciary-2024-statistics/diversity-of-the-judiciary-legal-professions-new-ap pointments-
and-current-post-holders-2024-statistics> accessed 6 May 2025.
117
ibid.
118
SQW (n 111) 59.
119
Judicial Appointments Commission.
120
Ministry of Justice (n 116).
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
108
structural barriers and equalising the appointment criteria, however, the lack of a
clarity and definition has raised questions on whether it aids or hinders achieving
judicial diversity. As identified by NatCen, ‘Subjective interpretations of what
constitutes merit may have implications for the diversity of the legal professions,
from entry-level positions through to the most senior judicial appointments’.
121
As
quoted by Tamas Gyorfi, Erika Rackley argues that the concept of merit should be
redefined as it ‘reflects the expectations of the present members of the judiciary and
that this helps the judiciary to replicate itself ’.
122
As much as Gyorfi does not
objectify redefining merit with a focus on contribution as well as competence, they
further argue ‘that diversity is an important epistemic asset and, therefore,
appointing judges solely on the basis of merit, if merit is understood as the
competence of the individual judge, is simply wrong’.
123
Ultimately, with an
unclear definition of merit, it could be exploited by systematic biases, as supported
by NatCen, ‘this lack of clarity may lead to subjective interpretations of merit,
which may limit progress towards diversity within the legal professions and the
judiciary’.
124
this suggests that redefining and clarifying the concept of merit, as
argued by Rackley; whilst not just focus on experience and qualifications but also
an applicant’s contribution, as supported by Gyorfi.
3.2.2. Bias and discrimination barriers
As supported by NatCen’s research, ‘Evidence from the literature and
stakeholder consultation indicates that there is a perception of prejudice and
discrimination within the judicial selection and appointment processes’.
125
Evidence from SQW showed that where ‘female barristers and solicitors are more
likely to be shortlisted and recommended than their male equivalents’.
126
Whereas
Ethnic minorities have less chance, regardless of their professional background.
127
As further highlighted by the judicial selection exercises, ‘ethnic minority
individuals accounted for 31% (1,995) of applications, and for 16% (111) of those
recommended for appointment’.
128
This disparity in progress between white and
ethnic minorities applicants suggests that a barrier to achieving judicial diversity
lies within the application process itself.
The notion of homophily may explain this apparent inequality in the
application process. With how individuals may be appointed based on those who
121
Barton-Crosby and others (n 104) 33.
122
Tamas Gyorfi, ‘Why Is the Equal Merit Principle (Almost) Straightforwardly Wrong?’ (2017) 80
The Modern Law Review 1065.
123
ibid 1072.
124
Barton-Crosby and others (n 104) 8.
125
ibid 31.
126
SQW (n 111) 17.
127
ibid 27.
128
Ministry of Justice (n 116).
(2026) 16(2) S.S.L.R 84–117
109
share characteristics and reflect many existing judges. And for marginalised groups
including ethnic minorities who constitute only 11% of all judges,
129
this would
suggest why they are at a disadvantage during the application process. As concluded
by SQW, ‘further investigation is needed to rule out any underlying prejudices or
biases in the judicial selection process that disadvantages applicants from ethnic
minorities’.
130
With this bias and inequality apparent during the process, and lack
of transparency in understanding the decisions made, it creates a barrier that
prevents achieving judicial diversity, no matter the structural reform.
Conclusion
I have identified the apparent barriers that apply both before and after
judicial application. From education inequalities like, high costs gaining the
required academic qualifications, favouring high-ranked universities and unequal
support; with structural barriers including a lack of visible representation and a
disparity in career progression to senior positions. It can be argued that the
challenge in achieving judicial diversity is deep rooted, prior to judicial application,
but within the legal profession itself. Many of the barriers identified had greater
impact on deterring and discouraging individuals but also restricting
underrepresented individuals from progressing and considering judicial roles.
The structural barriers recognised like the preference for barristers over
solicitors not only reinforced the perception of professional hierarchy, but it further
narrows the pool of applicants. Additionally, the unclear definition and unclarity
around the principle of merit has left it vulnerable to subjective interpretations, that
as Rackley argues allows the judiciary to replicate itself. And finally, by identifying
the clear disparity in those more likely to shortlisted and recommended and this
puts ethnic minorities at a disadvantage. All these barriers contribute to failure in
achieving judicial diversity and these inequalities need to be addressed and tackled
to better ensure fair access within the judicial, which will assist establishing fair
representation within the judiciary.
129
ibid.
130
SQW (n 111) 51.
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
110
4. Reforms
The chapters focus is to firstly analyse the effectiveness of the Judicial
Diversity and Inclusion Strategy implemented in 2020 with comparing its statistical
success in 2024. Whilst, looking at other action plans including the Judicial
Diversity Forum’s theory of change and whether their differing objectives are better
suited for achieving judicial diversity. Finally, I will address recommendations
including diversity quotas, addressing whether this is a deep-rooted issue within the
law profession, researching into the appointment process and clarifying the
definition of merit. This chapter will assist in concluding whether the current
reforms are achieving the goal of diversity by tackling the barriers identified in
chapter three.
4.1. Current reform analysis
The publication of the Judicial Diversity and Inclusion Strategy in 2020
aimed ‘to increase the personal and professional diversity of the judiciary at all
levels’.
131
Four core objectives were adopted to not only improve the diversity of
the judiciary but also to support a more inclusive culture. The objectives included,
‘creating an environment in which there is a greater responsibility for and reporting
on progress in achieving diversity and inclusion’,
132
which required leadership
judges to promote and report actions taken to support judicial diversity. ‘Supporting
and building a more inclusive and respectful culture and working environment’,
133
through diversity and inclusion training and support for all judicial office holders
including the topic of bias, whilst examining gaps in training to ensure effective
results. ‘Supporting and developing the career potential of existing judges’,
134
by
developing training to better ensure equal and focused support for judge’s career
progression. ‘Supporting greater understanding of judicial roles and achieving
greater diversity in the pool of applicants’,
135
with varying platforms to ensure
better outreach and using visible role models to highlight the diversity.
The latest strategy
136
update released in 2024, reported on the positive work
around training on diversity and inclusion, including conducting training needs
analysis to determine strengths and improvements needed around the current
training provision. In terms of supporting and developing existing judges’ career,
the continuance of the Judicial Peer Mentoring Scheme, launched in 2021 received
positive responses, highlighting the effective impact of this opportunity.
Additionally, work around removing socio-economic and educational barriers was
evident with an increase in engaging both in-person and virtually with universities
131
Courts and Tribunals Judiciary (n 2) 10.
132
ibid 11.
133
ibid 13.
134
ibid 16.
135
ibid 17.
136
Judicial Diversity and Inclusion Strategy 2020–2025.
(2026) 16(2) S.S.L.R 84–117
111
and colleges, which enhances opportunities for individuals to get involved, not to
mention, the focus was made on increasing internships for under-represented
groups. Furthermore, it was noted that the Targeted Outreach Programme, that was
piloted in September 2020 by the JAC,
137
‘has proven to be a success,
demonstrating both progression and recommendation of candidates’,
138
including
women, ethnic minorities and solicitor candidates. Progress like this is significant
in breaking down structural barriers, including career progression, disparity in
application progress and tackling the preference for barristers, that prevent
achieving judicial diversity. Although, as recognised by Lady Justice Whipple
139
,
‘progress has been made in increasing the personal and professional diversity of the
judiciary across some areas and in relation to some groups, but the update highlights
several areas where more sustained work is necessary’.
140
The change in representation since 2020 highlights the limited success of
the Judicial Diversity and Inclusion Strategy. Most success was found with female
judicial office holders, with a 6% increase in court judges and tribunal judges, 4%
increase in non-legal members and 1% increase in magistrates.
141
However
compared to Black, Asian and minority ethnic judicial office holders progress
remained limited. There was a 1% increase in all court judges, tribunals judges,
non-legal members and magistrates within the Asian and mixed ethnicity
142
; and
for the black ethnicity there was no change for all court judges, tribunal judges and
magistrates other than a 1% increase in non-legal members.
143
With the change in
representation highlighting the lack of statistical and visible success, it has left the
strategy open to criticism’s and recommendations to better tackle the barriers
preventing judicial diversity.
In a response to the Judicial Diversity and Inclusion strategy 2020-2025, the
Racial Bias and the Bench report found ‘racial bias plays a significant role in the
justice system’,
144
and further evaluated the weaknesses of the above strategy’s
objectives. With a clear challenge of increasing judicial representation for ethnic
minorities, the report identified the legal systems resistance in acknowledging
institutional racism that not only effects the appointment process but the legitimacy
of deliverance of justice. The strategy introduced in 2020, ‘does not even consider
the issue of racism. Indeed, the words ‘racial bias’ and ‘racism’ are not even
137
Judicial Appointments Commission.
138
Judiciary of England and Wales, Judicial Diversity and Inclusion Strategy Update 2024 (14
January 2025) 19.
139
Lady Justice (Philippa) Whipple, Chair of the Judicial Diversity Comm ittee of the Judges
Council.
140
Judiciary of England and Wales (n 138) 3.
141
ibid 6.
142
ibid 7–8.
143
ibid 7.
144
Monteith and others (n 74) 6.
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
112
mentioned, and the word ‘race’ appears only once, in a footnote’.
145
As further
shown through the NatCen’s research and the Ministry of Justice 2024 statistics,
there is a clear disparity of progress for ethnic minority judicial applicants with
evidence of perception of prejudice and discrimination through the application
progress. Yet, the resistance in recognising the institutional racism apparent is
limiting the chances of tackling those systemic barriers. And as emphasised by the
Racial Bias and the Bench report, ‘the consequence is that we are left with a strategy
that contains no firm proposals to combat racism in the justice system’.
146
The first three objectives set out in the Judicial Diversity and Inclusion
Strategy, aim for supporting existing judges and building a more inclusive and
positive environment within the judiciary, whereas the fourth objective aims to
target the barriers that are present before applications. Yet, as identified by the
Racial Bias and the Bench report, ‘the language of the strategy conveys no sense of
urgency or even focus’,
147
not to mention the lack of focus on the application
process itself and the differing levels of success. As supported by Geoffrey
Bindman, ‘the strategy pays little attention to the selection process itself ’,
148
the
absence of attention on the Merit criteria creates the impression that the procedure
is fair and equal, yet statistics are continuously proving the opposite. As Bindman
further states, ‘however strong the commitment to diversity, it cannot be achieved
without a fair selection process’.
149
The core objectives in the strategy that
commenced in 2020 have been criticised for being ineffective and failing to address
and tackle the systematic barriers including the unfair selection process. With the
2020 strategy coming to an end, it has been announced that it will be replaced by a
new Diversity and Inclusion Strategy in 2026.
150
We are yet to see the objectives
and of the new strategy and whether they will retain the original objectives or set
new targets. However, it is time we recognise the structural barriers preventing
judicial diversity so we can properly tackle them. As supported by Keir Monteith
and others in their report,
151
‘Without an acknowledgment of structural and informal
exclusionary mechanisms in the system, the Strategy will not be able to achieve its
145
ibid 8.
146
ibid.
147
ibid 22.
148
Geoffrey Bindman, ‘Judicial Diversity: a long way to go?’ ( New Law Jo urnal, 10 December
2021) way-to-go-> accessed 6
May 2025.
149
ibid.
150
Baroness Carr LCJ and Keith Lindblom SPT, ‘Message from LCJ and SPT: Judicial Diversity
and Inclusion Update 2024’ ( Courts a nd Tribunals Judiciary, 14 January 2025)
and-inclusion-update-2024/> accessed 12 May 2025.
151
Racial Bias and The Bench.
(2026) 16(2) S.S.L.R 84–117
113
purported aims’.
152
Other action plans have slowly been recognising the importance of
understanding and addressing the barriers that exist both before and after
application. The Judicial Diversity Forum’s theory of change similarly to the above
strategy focuses on ensuring an inclusive and supportive culture, however, expands
focus to addressing the barriers to application and career progression; whilst
identifying and eliminating structural barriers to appointments.
153
This is a
significant step in directing attention to the importance of determining what the
structural barriers are and removing them to ensure fair and equal access into the
judiciary. As much as the ideology behind the theory of change is promising, with
little success previous strategies had, highlights the challenge between announcing
the strategy’s framework and the physical implementation.
4.2. Recommendations
The argument of introducing diversity quotas has increased, with the need
to put pressure on achieving judicial diversity and tackling the resistance to change.
As supported by Stephen Clear, ‘Without systematic reform, such as introducing
diversity quotas, the situation is unlikely to change in the foreseeable future’.
154
By
implementing quotas it can assist in the target of fair representation, but it’s
important to identify the problems of this radical route to judicial diversity. By
prioritising certain characteristics, even if that individual is less qualified, they may
succeed over someone else who has more experience, not only does this threaten
the quality of the judiciary but it can be argued to be a form of reverse
discrimination. In countries including Norway and Germany, when implementing
quotas, they saw visible success and an increase in representation,
155
however
whether we should introduce quotas in England continues to be a controversial
argument. As stated by Alexander Williams, ‘Quotas can be an important tool in
increasing representation, but they must be part of a broader strategy that addresses
underlying biases and fosters inclusivity at every level of an organisation’.
156
As previously identified, barriers are present both before and after judicial
application, to successfully achieve judicial diversity, it has been argued that we
152
Monteith and others (n 74) 31.
153
Judicial Diversity Forum, Priorities a nd Actions for 2025 (Judicial Diversity Forum, February
2025)
Forum-Priorities-and-Actions-for-2025-Final.pdf> accessed 12 May 2025.
154
Stephen Clear, ‘Judicial Diversity in the UK Is in Decline – Here’s Why That Is a Problem’ (The
Conversation, 2 September 2022) in -the-uk-is-in-
decline-heres-why-that-is-a-problem-189168> accessed 12 May 2025.
155
Joe Caccavale, ‘Should You Use Diversity Quotas? Pros, Cons and Evidence’ (Applied, 31 August
2021) accessed 12 May 2025.
156
Alexander Williams, ‘Diversity Quotas: Progress or Political Correctness Gone Mad?’
(LGBTIjobs, 26 November 2024)
progress-or-political-correctness-gone-mad/> accessed 12 May 2025.
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
114
need to address the root problem that is starting within the legal profession. As
recommended in the barriers and initiatives report, there is a need to ‘address the
deep-rooted elements of the professional culture that continue to disadvantage
under-represented groups’.
157
Without determining what is preventing career
progression within the legal profession strategies implemented to assist diversity
within the judiciary, as proven by the judicial diversity and inclusion strategy 2020,
will lack statistical success.
Disparity around the success of applicants for judicial appointment, has
highlighted the need for structural reform around the process itself. As quoted by
Stephanie Boyce, ‘We know a diverse pool of candidates is applying ... They’re just
not making it through the process in the same numbers. It is time for the whole
appointments system to be overhauled to deliver a more diverse judiciary’.
158
With
this, research is needed to determine what is preventing equal and fair success
within the appointment process, whether its racial or unconscious bias or indirect
discrimination. Additionally, the subjective interpretations on the principle of merit
and the continued lack of clarity may be an explanation to the lack of fair result
within the process. As supported in a report by Justice, ‘In the assessment of
“merit”, the ability to contribute to a diverse judiciary should be taken into
account’.
159
The lack of focus on the appointment process itself has disadvantaged
the pace of progress in achieving judicial diversity. However, the Judicial Diversity
Forum’s theory of change has put a priority on eliminating the structural barriers
preventing success, so if implemented and followed, visible representation may be
achieved.
Conclusion
This chapter has sought to analyse the effectiveness of current reforms and
identify the weaknesses of the Judicial Diversity and Inclusion Strategy (2020-
2025). Despite the strategies achievements including increased engagement, it
failed to acknowledge the institutional racism that is not only affecting the public’s
confidence in deliverance of justice but fairness in the appointment process; the
strategy also paid little attention to the selection process. The lack of success in
achieving judicial diversity is apparent in the strategy’s 2024 report where
statistically representation had not improved majorly since 2020. Whereas the
Judicial Diversity Forum’s action plan involved identifying and eliminating the
structural barriers to appointment, yet the promising ideology is still to prove its
success with the goal of diversity. This chapter also identified recommendations
that may better assist in achieving fair representation and equal access to judicial
appointments, including diversity quotas, which may carry the threat of
157
Barton-Crosby and others (n 104) 9.
158
Monidipa Fouzder, ‘Controversial Judicial Selection Tool to Be Dropped in Some Circumstances’
(Law Gazette, 31 March 2022)
selection-tool-to-be-dropped-in-some-circumstances/5112064.article> accessed 12 May 2025.
159
Nathalie Lieven QC, Increasing Judicial Diversity (JUSTICE 2017) 7.
(2026) 16(2) S.S.L.R 84–117
115
discriminating against other candidates. Also, tackling the deep-rooted issue of fair
and equitable access into the legal profession and failure to diverse senior positions,
researching into the appointment process to determine what is causing a disparity
in applicant’s success; and redefining the principle of merit to include an
individual’s contribution. Historic barriers of exclusion still haunt the judiciary
today and without effective reform, achieving judicial diversity will continue to be
a challenge.
REPRESENTATION OF WOMEN AND MINORITIES IN THE JUDICIARY
116
Conclusion
To conclude, public trust is fundamental for judicial legitimacy, yet the
varying levels of public trust highlights that the goal of diversity is far from being
achieved. The lack of equal judicial representation has proven to be a prominent
theme through history, with legislative and structural reform, from the SD(R)A
1919
160
to the CRA 2005,
161
being heavily criticised from not only its slow progress
but the reliance on if the appointment process is fair then diversity will soon be
achieved. Following this, I discussed how trust is democratically fundamental for
maintaining judicial legitimacy and with the lack of diversity, this had wider
implications for the perception of bias on reinforcing stereotypes and negatively
impacting the legal profession; then looking at the role of diversity in enhancing
judicial decisions and encouraging those who have been historically excluded from
entering the judiciary. Not to mention, the identified sentencing disparity is causing
a decrease in public’s trust within the legal system and raises questions with are the
judges providing fair and impartial justice.
From Chapter three, I shifted focus to investigating and analysing the
barriers that are present before and after judicial application, highlighting the
importance of visible representation not only for enhancing public trust but
removing the sense of judicial exclusion. From this chapter, the argument was
raised on whether the challenge of achieving judicial diversity is deep rooted within
the legal progression; further identifying structural barriers including preferences
on top-ranked universities and barristers. Additionally, the disparity of success rates
for ethnic minorities during the appointment process compared to females
highlighted the need for investigating whether racial bias or indirect discrimination
is causing this inequality.
In the final chapter, I critically analysed the current reforms including the
Judicial Diversity and Inclusion Strategy, which statistically showed very limited
success. Criticism’s rose including its lack of acknowledging institutional racism,
lack of urgency and how the strategy paid little attention the appointment process
itself. However, the ideology behind the JDF’s
162
theory of change shows promises
with its focus on identifying and eliminating structural barriers to appointment and
shifting away from relying on individual ‘trickling-up’ into the judiciary.
Nevertheless, whether or not its physical implementation will lead to success in
increasing representation is yet to be determined. Further recommendations were
analysed including diversity quotas, that carries the risk of further discrimination,
and structural reform including challenge of career progression within the law
profession, investigating biases present during the application.
The judiciary holds power over individuals’ liberty and with an increasing
160
161
162
Judicial Diversity Forum.
(2026) 16(2) S.S.L.R 84–117
117
diverse population, a visible homogeneous bench does not provide the public with
confidence that fair and impartial justice is being provided. During this critical
analysis, I discussed the barriers that ethnic minorities and women face, while it’s
clear that the gender gap is closing, focus needs to be put on increasing
representation for ethnic minorities. Yet, it’s important to further address the
intersectionality of gender and ethnicity and the combination of barriers that women
with an ethnic background face. The lack of equal representation and sentencing
disparity has directly affected the public’s trust in the legal system, the public want
to believe that judges are impartial and fair, however, how can a homogeneous
judiciary understand and represent the diverse experiences and perspectives of the
current population it serves.
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