Recorder of Cardiff

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CARDIFF COUNCIL CYNGOR CAERDYDD COUNCIL: 24 JANUARY 2008 AGENDA ITEM REPORT OF THE CLERK TO THE COUNCIL RECORDER OF CARDIFF Reason for this Report 1. An invitation has been received from the Deputy Head of the Judicial Human Resources Division of the Ministry of Justice to follow past custom and practice in such matters and award the honorary title of Recorder of Cardiff to His Honour Judge Nicholas Cooke QC who holds the appointment of Senior Circuit Judge and Resident Judge at Cardiff Crown Court. Background 2. The appointment of His Honour Judge Nicholas Cooke QC as Senior Circuit Judge and Resident Judge at Cardiff Crown Court was made on the 25 th September 2007 following a competition run by the Judicial Appointments Commission. 3. Judge Cooke was called to the Bar in 1977 and took Silk in 1998. He was appointed Recorder on the Wales Circuit in 1997 and as a Legal Member of the Mental Health Tribunal Restricted Patients Panel in 1999. 4. The Recordership of Cardiff is an ancient office and is mentioned in text as long ago as 1570. There are many more references in old Cardiff City Council minutes from the late 19 th Century until recently. The last appointment was made in 2001. 5. The Recorder of Cardiff is traditionally invited to the Annual Meeting of the Council and certain other of the more ceremonial Council occasions. Issues 5. In so far as the Council has power to award the appointment this would be a matter for Council. Although the award of such title has been long made in Cardiff, the current legal authority to make such an appointment is unclear. The legal power that did exist prior to 1971 is no longer clearly apparent but nevertheless such awards continued to be made. Legal Implications 6. The legal position is unclear as to the power of the Council to confirm such an award formally but nevertheless there is a long tradition in Cardiff to confer such an award. The award appears to be a purely honorary and ceremonial title and confers no substantive powers and duties and consequently the lack of clarity referred to may not be considered to be such so as to outweigh the desirability of such an award in Cardiff. This lack of clarity has been discussed in detail with the Ministry of Justice and the Presiding Judge of the Wales Circuit and both are content to permit such an award to proceed if the Council is content to confer it. Financial Implications 7. There are none. RECOMMENDATIONS The Council confer the honorary title of Recorder of Cardiff to His Honour Judge Nicholas Cooke QC as Senior Circuit Judge and Resident Judge at Cardiff Crown Court. Mike Davies Clerk to the Council 8th January 2007 .

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