In December 2023, a family court judge was attacked by a man (news story here) representing himself in family proceedings. The incident was shocking and whilst rare, it has prompted His Majesty’s Courts and Tribunals Service to consider the safety of court staff, as well as the families and professionals engaged in proceedings.
In April 2024, it was announced that judges sitting in the Central Family Court would wear robes during hearings as part of a safety pilot.
I thought all judges wore robes?
Television dramas will often depict judges in wigs and robes but in 2008, a new dress code was introduced to the family court. The aim was to modernise the judiciary therefore wigs and robes were not deemed necessary anymore.
Judges and lawyers involved in criminal cases continue to wear wigs and robes depending on their role.
What difference will it make?
The aim of the pilot is to assess if more formality is needed in the family court. Surveys will be conducted during and after the pilot to see what impact robing has and whether all family courts in the country should follow suit.
During the pandemic in 2020, many court hearings took place virtually which for some, meant they could feel secure in their own home whilst taking part in proceedings. However, it has also led to a handful of people forgetting just how serious court proceedings are. Unfortunately, this lead to a level of disrespect towards judges and court staff and more recently, concern was raised about incidents of violent and threatening behaviour.
By wearing a formal robe, HM Courts and Tribunals Service hope this will serve as a polite visual reminder that the judge is in charge of the hearing and should be treated with respect.
Nobody wants to feel intimidated by a judge, but it is important that all participants in proceedings are respectful of the authority of the court.
How long is the pilot running for?
The safety pilot is due to run for three months but may well be extended depending on the data gathered. As with other family court pilots, it may be expanded to other courts in England before consideration is given to nationwide implementation.
If you have any questions about the family court process, get in touch now to speak with one of our specialist family solicitors.