Hundreds of British judges have been asked to work weekends because of concerns that their practice of holding emergency hearings by telephone to decide on custody is unlawful.

The 400 circuit and district judges will be put on a Saturday on-call rota, for which they will only be compensated if actually required to go to court to take a hearing, according to the story in the London Times.

Demoralised

With judges feeling overworked and demoralised and facing reduced pension entitlements, the plan has drawn ire.

One told the London Times“Other professions when on call get some compensation just for the fact that as a doctor, police officer, fireman etc they may get called upon. To be on call does restrict freedom and interfere with social or recreational activity and this should be recognised.”

Emergency cases

There are fears that emergency cases, which must be heard within 24 hours of arrest, are not being handled lawfully because there needs to be an in-person hearing before a judge, if defendants are not remanded in custody.

Such cases can involve gang-related violence, drug-dealing or anti-social behaviour.

Heroic volunteers

The letter, sent to judges on the south eastern circuit, says: “These cases are being dealt with by a small number of heroic volunteers and usually by a telephone hearing, which is not lawful. 

“We very much regret to have to place more burdens on the judiciary, but it is essential that we comply with the law and the proposal in this paper is based on ‘many hands make light work’ and on spreading the work fairly.”

The on-call judges will have their phone on between 9am and noon on Saturday morning. If they are not called, “their obligation to conduct a hearing at court comes to an end”. 

Compensatory leave

Any judge actually called to court on a Saturday will receive one day’s compensatory leave. 

The rota starts on January 12 and bank holidays have to be covered, except Christmas Day and Good Friday.

Judges unwilling to go on the rota will have to give their reasons. 

A recent survey of 1,500 serving British judges showed while almost half felt valued by the public, only two per cent felt valued by the government and three per cent by the media, according to the London Times.