The selection process consists of four parts, these being application, assessment, selection and recommendation to the Lord Chancellor.
- Application
Most judicial positions are advertised in the press, in legal journals and publications and online as well as by word of mouth. The JAC also holds various outreach events to encourage applications for judicial posts. Interested parties are sent an application form and information pack which sets out the criteria for selection and details of the application process. These details are specific to the role being applied for.
Before assessment, the JAC checks the eligibility of candidates as well as soundness of character. The Constitutional Reform Act 2005 means that the JAC must select judges only of good character, presumably so that they may act as exemplary characters in the legal world.
- Assessment, Selection and Recommendation
Before candidates are shortlisted for interview, between three and six references are required to assist the JAC in this process. Shortlisted candidates may be interviewed before a panel and they may even be asked to take part in suitable role plays. The panel will prepare reports on each candidates and consult with the Lord Chief Justice and other relevant officials before selecting a candidate to recommend to the Lord Chancellor.
There are many criteria for appointment as a judge. Many of these will be specific to the particular role being applied for. More general criteria include:
- integrity
- communication skills
- decisiveness
- objectivity
- fairness
- respect
- teamwork
- legal knowledge and experience
- intellect
- ability to work under pressure
- intellect
- authority
With regard to fairness of appointment, the JAC has declared that “we are committed to widening the range of applicants for judicial appointment”. Advertising of vacancies has been tailored to increase the range of applicants to judicial positions. The JAC also collects data and prepares reports on the selection process to ensure that the process is fair and open in order to increase the diversity of appointments to judicial positions.
Training
Traditionally, there has been relatively little training of judges. There have been recent changes in the training of judges. Until 2000 training of judges was coordinated by the Lord Chancellor’s Advisory Committee. Training of judges is now coordinated by the Judicial Studies Board along with the training of Lay Magistrates. In April 2006 the Lord Chief Justice took over responsibility for the Judicial Studies Board from the Lord Chancellor.
The Judicial Studies Board was created in 1979 following the Bridge Report which described the main objective of judicial training as being “to convey in a condensed form the lesson, which experienced judges, have acquired from their experience…” Therefore, it is essential to the Judicial Studies Board that the training of judges is under judicial control and directions.
Initially, the training of judges consists of a one week residential course. This is followed by refresher courses every five years to inform judges of new legislation and precedents.
Changes in training of judges have recently been implemented in the Childrens Act 1989 whereby social workers, psychiatrists and paediatricians must be involved in the training of judges with respect to matters regarding children. Also, the need for training in race issues, disability and issues of gender and sexuality was addressed in the Human Rights Act 1998. These changes have been implemented by the Judicial Studies Board.
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TMA (D) Rebecca Milburn Page
