Judges are being told to consider how migrants are maligned by the media when deciding cases, it has emerged.
The ‘Equal Treatment Bench Book’ states that ‘negative perceptions of migrants, refugees and people seeking asylum are fuelled by parts of the Press and some political debate’.
But critics say this interpretation of society is another step towards a ‘two-tier’ justice system.
The 352-page guide is published by the Judicial College, which is led by Lady Chief Justice, Baroness Carr of Walton-on-the-Hill, and responsible for training the judiciary in England and Wales.
It seeks to aid understanding of the circumstances of those who appear in courts and tribunals, but has prompted new concerns regarding the judiciary’s role in political issues, the Times has reported.
The handbook states that ‘Western psychological concepts’ should not be universally applied to those seeking asylum from varying cultures.
Judges are also advised against making ‘unnecessary objections’ to full-face veils, and should ‘show understanding’ when defendants are unable to attend court due to an ‘important holy day’ or when needing time to pray.
The 352-page guide is published by the Judicial College, which is led by Lady Chief Justice, Baroness Carr of Walton-on-the-Hill, and responsible for training the judiciary in England and Wales
The ‘Equal Treatment Bench Book’ states that ‘negative perceptions of migrants, refugees and people seeking asylum are fuelled by parts of the Press and some political debate’. Pictured: Migrants leave a smuggler’s boat after it was punctured with a knife by French police officers in April 2024
An inflatable dinghy carrying around 65 migrants crosses the English Channel in March 2024
A group of people thought to be migrants leave Gravelines in France onboard a small boat in an attempt to cross the Channel in July 2024
The latest version of the handbook – published in July 2024 and due to be updated – also includes data from the Muslim Council of Britain, an organisation banned from official engagement with the Government, indicating that anti-Muslim hatred in the UK is underestimated.
Tory justice spokesman Robert Jenrick said the guidance served as ‘another concerning example of the politicisation of the judiciary’, generating a ‘two-tier system’.
Official guidelines from the Sentencing Council recommend all ethnic minorities and transgender people convicted of a crime should be treated differently by judges and magistrates.
The Judicial Office was approached for comment.
