Shared values

CILEX chair Professor Chris Bones reflects on the dramatic events of the past few months, the gradual pace of change in society and the justice system, and the unifying power of the Crown

This has been a momentous summer.

In the UK we have lived through not just a change in prime minister, but it would also seem a very distinct change in government, with previous commitments dropped and new policies now emerging.

We have also witnessed the death of our longest-serving head of state and the accession of a new king who, if the first few weeks of his reign are anything to go by, brings with him a very different style of monarchy.

Both of these dramatic changes came together in a very typically British way, as CILEX President Matt Huggett, along with myself and CILEX professional board members Alexis Thomas and Yanthe Richardson, attended the opening of the new legal year at Westminster Abbey on 3 October. This is a ceremony that has taken place for over 800 years, that heard traditional readings from a new Lord Chancellor and the singing of our centuries-old national anthem with the new words, God save the king.

Milling around the Abbey as we waited to take our place proudly in the procession of judges, King’s Counsel, barristers, solicitors and notaries, in the same place that only three weeks previously the funeral of the late Queen was watched by not only 37.5m of us Brits, but by an estimated four billion people worldwide, I was struck once again by the way that traditional structures and frameworks enable us, as individuals and society at large, to assimilate and accept change.

Less than 25 years ago, we, CILEX Lawyers, would not have been present, the bishop giving the sermon would not have been a woman, the Supreme Court did not exist and the number of women and people from ethnic minorities in the procession would have been probably no more than a handful.

Gradual progress

Yet the framework into which the players in today’s justice system fitted in to recommit themselves to the law and the upholding of it without fear or favour was one that has changed little in essence over the generations.

“Age-old structures have changed subtly to recognise the changes in society” 

It was my fifth service representing CILEX, the cadence unchanged, the focus on justice unremitting, yet subtly things have moved on: more women and people from ethnic minorities are in the procession than when I first attended. Yes, still more towards the end of it than at the front, but more nonetheless. The last three preachers have been women and more and more of the attendees want to know who we are and are keen to celebrate our role when they know we are present.

The importance of frameworks and ritual in enabling change has also been seen in our experiencing a change in prime minister and a change in sovereign. Age-old structures have changed subtly to recognise the changes in society – no-one actually kisses hands any more, and there are no requirements to bow or curtsey to royalty, but the significance of a change in prime minister and the degree to which that appointment enables a change in government, even if they come from the same political party as the previous one, continues to remind us that we are a parliamentary democracy.

The late Queen in her last public duty had no role but to approve the selection of a leader from the majority party in Parliament, but the process, just like the ceremony in Westminster Abbey, reminds us all that government is not an end in itself. It is there to serve the people, to protect them and to ensure that they are able to seek redress and justice through a legal system that operates not for government but for us all.

Without fear or favour

Which takes me to the accession of a new sovereign. The period from 8 to 19 September underlined for me how in the UK the Crown continues to be the symbol under which we can all unite.

Regardless of which of the four nations we come from, regardless of who we voted for in the last general election, regardless of football team, regardless of our view on key issues of the day and regardless of our age, gender, race, sexuality or any other demographic differentiator, the Crown is the point at which we can come together and express a shared experience and hold a shared set of values.

Justice is one of those key values. As lawyers we operate in a system that owes its allegiance to the Crown, not to the government. Unlike in many countries, we can stand proudly separate from both Parliament and the executive. Our age-old system doesn’t brook political interference in the appointment of judges, prosecutors or defence lawyers.

There is much that needs changing, indeed modernising, to achieve a justice system that genuinely reflects the society it serves and to ensure that the wheels of the system are well-oiled rather than falling off, however, the one thing we should take away from this summer is the importance of the continuity of the value of justice and the operation of the justice system to uphold the law without fear or favour.

Prime ministers may come and go (and several have over the past few years) but the constitutional role of the Crown as the point at which we can come together and commit ourselves once a year to ensuring justice, is something that helps ensure its independence and credibility, regardless of who runs the government.

What will also continue is our campaign to achieve the changes that, once implemented, will ensure further change to the make-up of the judiciary and enable CILEX Lawyers to play the fullest possible role in the justice system as duty solicitors and Crown prosecutors.

Our long-term ambition is to see a CILEX Lawyer or CILEX Advocate in every one of the parts of the procession in the Abbey, making their commitment to justice for all: senior judiciary included.