Religious service marks the start of legal year
In a classic example of the distinct lack of separation between church and state in Britain, the start of the UK legal year was formally marked this week with a religious service in Westminster Abbey. The service was attended by judges, senior judicial officers, the Law Officers, Queen's Counsel (QC), Government ministers, lawyers, members of the European Court and other overseas judges and lawyers.
During the service the Very Reverend Dr John Hall said:
‘At the beginning of the legal year, we gather in the presence of almighty God, who is the judge of all and who knows the secrets of our hearts, to renew our commitment to the service of the Crown and of all people in the cause of justice.
‘We acknowledge our high calling to reflect the justice and mercy of God. We seek God’s strength and guidance that we might remain true to the highest legal traditions, subtle as we apply ourselves to the causes before us, and wise as we influence the development of the law.
‘We pray for the Lord Chancellor and Secretary of State for Justice, The Right Honourable Kenneth Clarke QC MP, for The Right Honourable The Lord Judge, Lord Chief Justice of England and Wales, and for all who make and administer the law, both in the United Kingdom and in the European Union and in the other legal jurisdictions represented here today.
‘We ask God to sustain us in our duties, to grant us humility and sound judgement, to forgive our errors, and to inspire us in our service. Here on earth may we serve more faithfully that heavenly justice in which alone we can in the end trust.
The service in Westminster Abbey dates back to the Middle Ages when judges prayed for guidance at the start of the legal term. The 45-minute service is conducted by the Dean of Westminster. It includes prayers, hymns, psalms and anthems; the Lord Chancellor and Secretary of State for Justice, and the Lord Chief Justice read lessons.
The annual service where judges, senior judicial officers, the Law Officers, Queen's Counsel (QC), Government ministers, lawyers, members of the European Court and other overseas judges and lawyers seek "God’s strength and guidance".
Earlier this year, the NSS questioned the impartiality of the judiciary following Cherie Booth QC’s now-infamous remark in court to a defendant that she would not be sending him to prison despite the fact that he attacked a man for no apparent reason and broke his jaw. Recorder Booth told the defendant that he was being given a suspended sentence because he was “a religious man” who knew what he did was wrong.
Responding to the NSS, the Office of Judicial Complaints stated: “The Lord Chancellor and Lord Chief Justice have expressed some concern about the impact Recorder Booth [sic] comments may have had on the public perception of the judiciary and the sentencing process. All judges must, of course, be very mindful of how they express themselves when dealing with sensitive issues of equality and diversity so as not to create the impression that some individuals can expect more leniency than others.”
Also this year, intervening in the case of a marriage guidance counsellor sacked for refusing to give sex therapy to homosexuals, Lord Carey, the former Archbishop of Canterbury, called for a special panel that was sympathetic to Christianity to consider legal cases brought by Christians. His call was dismissed as “deeply inimical to the public interest” by Lord Justice Laws.
Justice Law’s ruling continued: "We do not live in a society where all the people share uniform religious beliefs. The precepts of any one religion — any belief system — cannot, by force of their religious origins, sound any louder in the general law than the precepts of any other. If they did, those out in the cold would be less than citizens, and our constitution would be on the way to a theocracy, which is of necessity autocratic.”
In light of the OJC’s and Justice Laws’ comments, we wonder if the judiciary may wish to consider if it is still appropriate to begin the legal year in such an overly religious fashion.