CONFIDENTI AL
How they are addressed in court is I believe a matter to be arranged between bench and bar, and use of the term "Your Honour" seems appropriate.
8.
9.
State of business in the courts (paragraph 13)
This seems all right.
Mandatory sentences (paragraph 14)
Obviously we should have to look carefully at any proposals for further mandatory sentences.
10. Increased sentencing power of district judges (paragraph 15)
Now we can be wise after the event, it looks as if this particular measure was unnecessary. It is a pity that Sir Ivo Rigby did not block
it at the outset.
11.
12.
The Berlins article (paragraph 16)
I do not think there is anything I can usefully add.
Further comments (paragraph 17)
(a) Disciplinary procedures. As indicated above, I think there is scope for tidying up the relevant laws and regulations so that it is quite plain that judicial officers are not liable to inappropriate procedures, penalties, etc. While in practice they have nothing to worry about, it seems desirable to get the formal position straight.
(b) Judges returning to private practice. I see no case for
altering the present arrangements.
(c) Earning of full pension. As indicated above, there may be a case for altering the rules for judges on fixed terms drawn from the bar.
13. The Berlins article (paragraph 18)
I think this comment is fair. Even as regards the representations we have had in recent years from the Bar Association, these have I think been prompted by a very small minority hardly representative of the whole profession, let alone the local community.
14. The representations from Justice (paragraph 19)
Again a fair comment, though some of the Bar Association activists are also members of Justice.
23 January 1974
CONFIDENTIAL