All rise, if able: Traditional way judges are greeted on entering court to change as courts ditch simple 'all rise' announcement to be more 'inclusive' to disabled people
The change will be introduced to all courts in England and Wales in the coming weeks to 'promote inclusion' for defendants, witnesses and lawyers who are disabled.
The move is thought to be the first change to a tradition dating back to medieval times and the statement will be made even if there are no disabled people present in the courtroom.
Internal messages sent out to courts last month reportedly said: 'It will now become standard whenever such an announcement is made at the start of a hearing, regardless of whether it is known that a person who finds it difficult to stand due to a disability or health condition is present.'
The move has upset traditionalists, however, who have branded the change 'unnecessary virtue signalling' as there was never previously any expectation that disabled people would have to stand.
Tory MP Jack Rankin told the Telegraph: 'Changing a legal convention which dates back to medieval times to be supposedly more inclusive is totally unnecessary virtue-signalling.'
He added: 'I worry how much time has been consumed in both proposing and implementing this change, and can't help thinking this would be put to better use in cutting the judicial backlog.'
While Richard Tice, deputy leader of Reform, told the newspaper: 'Another tradition trashed to the god of wokery. What a ludicrous waste of time and energy reviewing this sort of nonsense.'
The tradition of a court official calling 'all rise' when a judge or magistrate enters a courtroom is thought to date back about a 1,000 years, when judges carried bibles and were seen as representatives of the King's or Queen's justice.
Standing showed respect for the judge, the Bible, the law and the monarch. The tradition has continued until today as a sign of deference to the court and the judicial system.
The change was reportedly proposed by HM Courts and Tribunals Service (HMCTS) to 'demonstrate a willingness to make reasonable adjustments for physical disability'.
An internal memo sent to all courts added: 'It will help to create a welcoming environment for all those who attend hearings in courts and tribunals, particularly those who may face challenges on grounds of disability.'
The change to 'all rise' has already been included in the Equal Treatment Bench Book for court staff, judges and magistrates, which aims to 'increase awareness and understanding of the different circumstances of people appearing in courts and tribunals'.
In a section of the handbook on adjustments courts can make in order to be more accessible, it says: 'At the start of a hearing, a judge or clerk saying, 'all rise if you are able to', to acknowledge a wheelchair user in court.'
The 340-page book includes guidance for courts on physical and mental disability including options for remote hearings or even sittings at a person's home should a disabled person not be able to attend.
The Ministry of Justice (MoJ) said the change began at the Royal Courts of Justice and was 'positively received' by court users.
Plans to extend it to all courts were then taken forward by the most senior judge in England and Wales, the Lady Chief Justice, and the Judicial Executive Board and this has now been agreed with HMCTS and the judiciary, the MoJ added.
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