Bencher
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A bencher or Master of the Bench is a senior member of an Inn of Court. Benchers hold office for life once appointed. Benchers can be appointed whilst still a barrister (sometimes, but not always, Queen's Counsel), in recognition of the contribution that the barrister has made to the life of the Inn or to the law. Others become benchers as a matter of course when appointed as a High Court Judge. The Inn may elect non-members as honorary benchers - for example, distinguished judges from other countries, eminent non-lawyers or members of the Royal Family.
The most senior bencher of each Inn is the Treasurer, a position which is held for one year only. Whilst it may be the case that succession to the post of Treasurer was once dependent purely on seniority within the list of benchers, this is no longer the case, given the amount of work involved and the need of the Inn to see that the most suitable bencher is Treasurer.
The practices and regulations vary from Inn to Inn, but traditionally the benchers act as the governing body of the relevant Inn. The benchers govern the finances of the Inn, and they alone have the authority to admit students to the Bar, to call students to the Bar, and to elect other benchers. Today, the benchers of the four Inns have common standards agreed with the Bar Council. They have the power to discipline members of their Inn by suspending or expelling them from membership of the Inn, and by disbarring or disbenching them. Disciplinary duties are now shared with the Council of the Inns of Court and its Professional Conduct and Complaints Committee.
Historically, the most junior student barristers (known as "inner barristers") were only permitted to watch moot trials and stood within the bar of the mock courtroom. More qualified barristers (known as "outer" or "utter" barristers) were permitted to join the argument and stood outside the bar. The most senior barristers were permitted to sit at the edge of the room. This third class of barristers became known as "Benchers" or "Masters of the Bench".
[edit] References
- Halsbury's Laws of England, Barristers, para.431