Review of dress code said wearing wigs was archaic
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A clear decision over whether to scrap wigs and gowns in Northern Ireland's courtrooms must be made, the justice oversight commissioner has said.
In his second report, Lord Clyde said while the recommendation for an overhaul in dress had been accepted in principle, the matter must be left open for future resolution.
The commissioner is reviewing progress achieved in implementing the recommendations of the Criminal Justice Review in Northern Ireland as part of the Good Friday Agreement.
The report, published on Thursday, said there was a split among Northern Ireland's judiciary and lawyers over the proposals.
A review of the courtroom dress code said wearing wigs was archaic, served no useful purpose and could contribute to the discomfort of the public about
attending court.
However, barristers and legal chiefs have made no move to change the dress code.
Barristers wear wigs and gowns in the High Court, Crown Court and County
Courts - but not in Magistrates Courts, Coroners Courts and Youth Courts.
Solicitors do not.
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Some degree of simplification may be found in the modification of
the full standard of dress where modification may be appropriate and in its
restriction to the higher courts
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The report said: "The wig and gown may be a cachet for the entrant into the profession, but it can also be an unwanted extra expense.
"There are differences of opinion on the issue of dress both among the judiciary and among barristers."
Lord Clyde said the Law Society considered the matter as primarily one for the
judiciary and the Bar, but wished to be engaged in any discussions.
"Some degree of simplification may be found in the modification of
the full standard of dress where modification may be appropriate and in its
restriction to the higher courts.
"But the full terms of the recommendation have not been met and the matter
must be left open for future resolution.
"What is required is a clear decision whether or not a complete implementation of this recommendation is going to be made."
Law Commission
Lord Clyde said the introduction of a new prosecution service in Northern Ireland could be delayed because of insufficient funding.
The independent authority being set up to deal with all criminal cases is due to be operational by 2006.
Legal chiefs have made no move to change the dress code
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A lack of funds may also mean plans for a new Law Commission for Northern Ireland could be scaled back, said the report.
Offices to deal with the Prosecution Service casework for Belfast, Fermanagh and Tyrone are expected to be in place by next year.
However, accommodation has still to be found for Londonderry, Newry, Ballymena and Lisburn.
Lord Clyde's report said: "If sufficient funds are not to be made available during the current spending round, the Prosecution Service will be required to make a further revision to their plans.
"Any such changes should have the effect of delaying the introduction of the
new Prosecution Service across Northern Ireland beyond 2006."
Secretary of State Paul Murphy said: "The report illustrates the government's continuing commitment to implement the Criminal Justice Review, and its promise to deliver a more transparent, accountable and responsive criminal justice system in Northern Ireland."