Judicial independence is for the public's benefit and not a privilege of judges, the Attorney-General Lord Goldsmith said last week.

Lord Goldsmith told the Justices' Clerks Society (JSC) at its annual conference that this independence should not be exercised for the convenience of judges or magistrates.

He said: 'Independence is not aloofness.

It is not indifference to the community's interests.'

The Attorney-General added: '[It is] my strong personal view that independence of the judiciary and of your [justices' clerks'] role as legal advisers is not incompatible at all with playing a full part, in concert with other justice agencies, in helping deliver a criminal justice system which effectively and efficiently protects the people of this country from crime and the fear of crime, assists and protects the victims of crime and helps communities to reclaim their streets and their parks.'

JSC chief executive Sidney Brighton said: 'The Attorney-General raised an interesting concept, which we would probably agree with.

But we are very keen to ensure the independence of justices' clerks.

'We are still very concerned that the Courts Act 2003 provides that justices' clerks should be independent in giving advice to judges, but does not go beyond that to the whole of their employment.

If justices' clerks are appointed by the executive and can be dismissed or promoted by it, there will be pressure on them to give the interpretation of the law put by the executive.'

He added: 'But we do recognise that there must be accountability for justices' clerks in terms of quality.

We accept that judicial independence is a right of the public, but we see a threat to this if justices' clerks are made to become civil servants.'

Under the Courts Act, justices' clerks will become civil servants in April 2005, with appointments controlled by government rather than the forthcoming judicial appointments commission.

The JSC is seeking to prevent this by inserting a clause in the Constitutional Reform Bill, which seeks to separate the executive from the judiciary.

Rachel Rothwell